AACFAMILY & FRIENDS
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How many counties have dual county seats? Are you sure about that?
ByMark Whitmore AAC Chief Legal Counsel &
Jarrod Kinnaird AAC Law Clerk
(1837), Yell (1840), Prairie (1846), Sebastian (1851), Logan (1871), Clay (1873) and Craighead (1859). However, having split judicial districts does not mean a county will have dual county seats. “It does not appear to be the case that a county that has two judicial districts will necessarily have two ‘county seats,’” according to Attorney General Opinion 117 (2006). Te bulk of the citizens and Arkansans generally believe that there are 10 counties in Arkansas that have dual county seats. How many counties truly have dual county seats?
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What are “county seats?” County seats are considered “the principal site” for conducting county business, as well as the storage of certain records. County seats serve multiple purposes for a county in Arkansas. County seats are to be erected in each county, and where established should contain a courthouse and jail. Bond v. Kennedy, 212 S.W.2d 336, 337 (Ark. 1948). Te county, circuit and other courts held for the county must sit there. Williams v. Reutzel, 60 Ark. 155, (1895).
urrently, 10 counties have split judicial districts. Tese counties are: Arkansas (founded in 1813), Carroll (1833), Mississippi (1833), Franklin
How are county seats created? County seats are created by a vote of the majority of the people. However, a temporary county seat can be created by law. Te Arkansas Constitution, Article 13, Section 3, prescribes: “No county seat shall be established or changed without the consent of a majority of the qualified voters of the county to be affected by such change, nor until the place at which it is proposed to establish or change such county seat shall be fully designated: Provided, that in formation of new counties, the county seat may be located temporarily by provisions of law.”
Tis is also codified in Ark. Code Ann. § 14-14-302(a):
“(a) Unless for the purpose of the temporary location of county seats in the formation of new counties, it shall be unlawful to establish or change any county seat in this state without the consent of a majority of the qualified voters of the county to be affected by the change; nor will a county seat be located until the place at which it is proposed to establish or change any county seat shall be fully designated….”
How is a county seat removed or eliminated? A county seat is removed or eliminated in the same manner as it was created, by an election of the qualified electors voting in the county seeking to remove the county seat. An election for the removal of a county seat is an “election” within the general election laws and is governed thereby. Walsh v. Hampton, 132 S.W. 214, 216 (Ark. 1910).
See “COUNTY SEATS” on Page 26 >>>
Mississippi County Courthouse (Osceola, 1833) 24
Mississippi County Courthouse (Blytheville, 1901) COUNTY LINES, SUMMER 2016
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