AACFAMILY & FRIENDS County Seats
split Prairie County’s judicial districts while stating Des Arc will remain the county seat. Some early statutes and court opinions used the terms
“seat of justice” and “county seat” interchangeably. Te terms “seat of justice” and “county seat” can be interchanged with some limitations, however “It is apparent that a seat of justice is not always a county seat, although a county seat is perhaps always a seat of justice.” Parker v. Crow, 368 S.W.3d 902, 911 (Ark. 2010). In basic terms, the “seat of justice” of the county encompasses the legal activities of the county. Te Arkansas Supreme Court acknowledged this difference and defined the seat of justice as a place where “the courts sat and administered justice, and the public officers kept their offices, and performed the functions of their offices.” [Law v. Falls, 159 S.W. 1130, 1131 (Ark. 1913)]. Te “county seat” encompasses the government aspects of a county, as well as the town in which the county and other courts are held, and where the county officers perform and discharge their duties. Williams v. Reutzel, 60 Ark. 155, 29 S. W. 374; Graham v. Nix, 102 Ark. 277, 144 S. W. 214. Te county seat does not consist merely of the courthouse and jail, but also of the territory of the town designated as the county seat. McGregor v. Cain, 7 S.W.2d 13, 14 (Ark. 1928). Judicial districts are the territorial jurisdiction of state district courts. Tese judicial districts are determined by the Arkansas General Assembly.
How do you eliminate dual judicial districts? In 2010, a case appeared before the Arkansas Supreme
Court in which a circuit court judge attempted to merge the two judicial districts of the county. Tis attempted elimination of two judicial districts (or by its correct alternative, merging of two judicial districts into one judicial district) was found by the court to be an overreach of the judge’s power under Amendment 80 of the Arkansas Constitution. Parker v. Crow, 368 S.W.3d 902, 909 (Ark. 2010). In the courts conclusion, it made as a final point and for clarification that the power to establish these districts lies with the General Assembly, citing Amendment 80, section 10 of the Arkansas Constitution, which reads as follows: “Te General Assembly shall have the power to establish jurisdiction of all courts and venue of all actions therein, unless otherwise provided in this Constitution, and the power to establish judicial circuits and districts and the number of judges for Circuit Courts and District Courts, provided such circuits or districts are comprised of contiguous territories.”
How do you legally determine whether or not a county has a single county seat or is to be considered having two county seats?
26 COUNTY LINES, SUMMER 2016
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An opinion of the Attorney General lacks the power of a declaratory judgment. Te opinions under Ark. Code Ann. § 25-16-706 are for purposes of interpretation of existing law for certain officials. Te Attorney General is not charged with the responsibility or the authority to adjudicate facts or render judgments. A declaratory judgment may be more appropriate. A declaratory judgment is a judgment given by a court which adjudicates the rights of parties. When disputes arise concerning private citizens or public officials about the meaning of the Constitution or statutes, a declaratory judgment is especially appropriate. McDonald v. Bowen, 468 S.W.2d 765, 767 (Ark. 1971). In Arkansas, procedure for declaratory judgments is found in Ark. R. of Civ. P. 57, and located in § 16-111-101 to § 16-111-111 of the Arkansas Code.
Can a county seat move to another county? During the 1830s to 1880s, county borders were evolving in multiple ways. New counties were being created causing existing borders to be redrawn. Neighboring counties were also redrawing the borders separating them to follow along natural borders such as rivers. A number of counties were divided by large rivers which may have been difficult to cross for county residents. Redrawing this border shifted cities from one county to another. Some of the cities listed above were affected by this type of realignment. Te question arises, were these cities voted in as county seats in a different county than which they reside in today? Would you find the voting records creating a county seat in a different county than it exists today? And would those results be valid? Te issue of dual county seat status creates an in-depth discussion combining present day and historical facts and issues. Te purpose of this article is not intended to draw any conclusions as to the validity of a county seat.
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