Supreme Court of Arkansas

State of Arkansas v. D.s.

February 9, 20112011 Ark. LEXIS 37

Summary

The court treated the State’s challenge to a juvenile-court dismissal as a petition for writ of certiorari because the circuit judge allegedly acted without subject-matter jurisdiction. It held that a circuit judge’s sua sponte dismissal of a delinquency charge usurped the prosecutor’s constitutional and statutory authority and violated separation of powers, requiring the dismissal order to be vacated and the charge reinstated. Justice Baker, joined by Justice Henry, dissented, arguing that the circuit court had subject-matter jurisdiction and that any error was unpreserved.