The Arkansas Supreme Court permanently adopted Administrative Order No. 16 on Wednesday, finalizing new procedures that significantly expand the Chief Justice's authority to temporarily reassign judges across the state's judicial system. The order took effect Jan. 29, 2026, after completing a public comment period that began when the court initially published the amendment on an interim basis in 2025.
Administrative Order No. 16 establishes comprehensive procedures for the assignment of circuit, district, and retired judges and justices throughout Arkansas. The order draws its authority from Arkansas Constitutional Amendment 80, sections 4, 12, and 13, along with state statutes and the court's inherent rulemaking authority.
Under the new rules, the Chief Justice gains broad discretion to assign three categories of judicial officers to serve temporarily in circuit courts: sitting circuit court judges, retired circuit and appellate court judges and justices, and sitting state district court judges. Critically, sitting circuit judges may now be authorized to serve in judicial circuits other than where they were elected or appointed, providing unprecedented flexibility in judicial staffing.
The order also addresses district court assignments, authorizing the Chief Justice to assign sitting district court judges, sitting state district court judges, and retired district and state district court judges to serve temporarily in district courts across the state. These assignments require the consent of the judges being reassigned.
Sitting district court judges and state district court judges may be authorized to serve in cities, counties, or judicial districts beyond their elected or appointed jurisdictions. Retired district court judges and retired state district court judges receive even broader authorization, allowing them to sit in any county statewide.
In an additional provision expanding judicial flexibility, the order permits sitting circuit judges and retired circuit and appellate judges to serve temporarily in district courts with their consent and upon appointment by the Chief Justice. This cross-jurisdictional assignment capability represents a significant departure from traditional judicial assignment practices.
The adoption of Administrative Order No. 16 also resulted in the repeal of Administrative Order No. 14, Section 3(c)(1). According to the court's opinion, this section is "no longer necessary" because administrative plans no longer need to provide processes for handling recusals, case reassignments, or requests for judicial assignments.
This procedural change suggests the new order centralizes these functions under the Chief Justice's authority rather than requiring individual administrative plans to address such matters. The streamlined approach could reduce administrative burden on local courts while ensuring consistent statewide procedures.
The court initially published the amendment on an interim basis in 2025, citing it as *In re Amend. to Admin. Order No. 16*, 2025 Ark. 6. The interim publication allowed the order to take effect immediately while providing opportunity for public comment and review. With the comment period now expired, the court has adopted the order permanently without modifications.
The per curiam opinion, meaning it was issued by the court as a whole rather than authored by a specific justice, reflects the procedural nature of the administrative order rather than a substantive legal ruling. Such orders typically govern court operations and procedures rather than establishing new legal precedent.
The expanded assignment authority addresses practical challenges facing Arkansas courts, including judicial vacancies, recusals, and caseload management. By allowing judges to serve outside their traditional geographical boundaries, the order provides mechanisms to ensure continued court operations even when local judicial resources are temporarily unavailable.
The requirement for judicial consent in most assignment situations balances administrative efficiency with judicial autonomy. Retired judges, who maintain their qualifications but are not bound by electoral constituencies, can provide particular flexibility in addressing temporary staffing needs.
The order's immediate effective date ensures that the Chief Justice can begin utilizing these expanded assignment authorities without delay. This timing may be particularly important given ongoing challenges in judicial administration across many states, including Arkansas.
While the order expands assignment possibilities, it operates within existing constitutional and statutory frameworks. The cited authorities include Constitutional Amendment 80, which addresses judicial administration, and relevant statutes governing judicial assignments and court operations.
The permanent adoption of Administrative Order No. 16 represents a significant modernization of Arkansas judicial administration procedures, providing tools for more efficient statewide judicial resource management while maintaining appropriate oversight and consent requirements for affected judges.