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16-10-409. Mandatory suspension.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-10-409. Mandatory suspension.
(a)(1) A judge shall be suspended from office with pay by the Supreme Court if:
(A) An indictment or information charges the judge in any court in the United States with a crime punishable as a felony under the laws of Arkansas or the United States or with any other offense that involves moral turpitude; or
(B) In any court in the United States he or she pleads guilty or no contest to, or is found guilty of, an offense punishable as a felony under the laws of Arkansas or the United States or any other offense that involves moral turpitude.
(2)(A) If the judge requests a hearing on a suspension under subdivision (a)(1) of this section, the Supreme Court shall:
(i) Hold the hearing no later than ten (10) days after the request to determine whether the suspension with pay remains in effect during the pendency of criminal proceedings against the judge; and
(ii) Notify the requesting judge and the Judicial Discipline and Disability Commission of the date of the hearing.
(B) In the hearing under this subdivision (a)(2) the Judicial Discipline and Disability Commission shall act as the opposing party of the requesting judge.
(C) The suspension with pay under subdivision (a)(1)(A) of this section shall be removed and the judge shall be allowed to perform his or her duties as a judge if the judge shows at the hearing by a preponderance of the evidence that:
(i) The performance of his or her duties as a judge while charges are pending will not impair the public confidence in the independence, integrity, and impartiality of the judiciary; and
(ii) The charges are not likely to result in a conviction.
(b) If his or her conviction becomes final, he or she may be removed from office pursuant to § 16-10-410.
(c)(1) If his or her
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-10-409
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-10-409
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 78cef18d7caee02c07c76cc81b4b92104c83d7dbde8a8553b8dde565478867df
Source location: content.xml paragraph 2634
Stored source content
16-10-409. Mandatory suspension.
(a)(1) A judge shall be suspended from office with pay by the Supreme Court if:
(A) An indictment or information charges the judge in any court in the United States with a crime punishable as a felony under the laws of Arkansas or the United States or with any other offense that involves moral turpitude; or
(B) In any court in the United States he or she pleads guilty or no contest to, or is found guilty of, an offense punishable as a felony under the laws of Arkansas or the United States or any other offense that involves moral turpitude.
(2)(A) If the judge requests a hearing on a suspension under subdivision (a)(1) of this section, the Supreme Court shall:
(i) Hold the hearing no later than ten (10) days after the request to determine whether the suspension with pay remains in effect during the pendency of criminal proceedings against the judge; and
(ii) Notify the requesting judge and the Judicial Discipline and Disability Commission of the date of the hearing.
(B) In the hearing under this subdivision (a)(2) the Judicial Discipline and Disability Commission shall act as the opposing party of the requesting judge.
(C) The suspension with pay under subdivision (a)(1)(A) of this section shall be removed and the judge shall be allowed to perform his or her duties as a judge if the judge shows at the hearing by a preponderance of the evidence that:
(i) The performance of his or her duties as a judge while charges are pending will not impair the public confidence in the independence, integrity, and impartiality of the judiciary; and
(ii) The charges are not likely to result in a conviction.
(b) If his or her conviction becomes final, he or she may be removed from office pursuant to § 16-10-410.
(c)(1) If his or her conviction is reversed and he or she is cleared of the charge, by order of the court, whether without further trial or after further trial and a finding of not guilty, his or her suspension terminates.
(2) If the judge is suspended under subdivision (a)(1)(A) of this section and the charge is subsequently dismissed, the judge's suspension terminates.
(d) Nothing in this section shall prevent the Judicial Discipline and Disability Commission from determining that a judge be disciplined or removed according to § 16-10-410.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-10-410. Removal from office.
(a) The grounds for removal conferred by this subchapter shall be both alternative and cumulative to the power of impeachment provided by the Arkansas Constitution and removal otherwise provided by law.
(b) A judge may be removed from office on any of the following grounds:
(1) Conviction of any offense punishable as a felony under the laws of Arkansas or the United States;
(2) Conviction of a criminal act that reflects adversely on the judge's honesty, trustworthiness, or fitness as a judge in other respects;
(3) The commission of conduct involving dishonesty, fraud, deceit, or misrepresentation;
(4) The commission of conduct that is prejudicial to the administration of justice;
(5) Willful violation of the Arkansas Code of Judicial Conduct or the Model Rules of Professional Conduct;
(6) Willful and persistent failure to perform the duties of office; or
(7) Habitual intemperance in the use of alcohol or other drugs.
(c) In considering recommending removal, the Judicial Discipline and Disability Commission may consider the frequency of the offense, the motivation of the conduct, the length of time since the conduct in question, and similar factors.
(d) [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-10-410
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-10-410. This identifies an authority to review, not proof of applicability.