Tommy Reed, Executive Director of the Arkansas Professional Bail Bond Licensing Board, and Arkansa — Hannah, J…

Summary

The supplied opinion is a dissent addressing whether the statute requiring a municipal or circuit judge to serve on the Professional Bail Bondsman Licensing Board violates separation of powers. The dissent concludes that the constitutional issue was properly preserved and that the statute clearly violates the Arkansas Constitution because the Board performs legislative and executive functions while including a judicial officer. The dissent would affirm the circuit court. Justice Brown, concurring, would permit the constitutional challenge under the Administrative Procedure Act but would remove the ineligible judge and uphold the Board's action.