Opinion No. ( 2004 )

The Honorable Jimmy Jeffress State Senator P.O. Box 1695 Crossett, AR 71635-1695

Dear Senator Jeffress:

I am writing in response to your request for my opinion on the following question:

Does a prosecuting attorney have authority to close down a municipal police department for alleged violations of the Arkansas Speed Trap Law (A.C.A. § 12-8-401 et seq.) absent an investigation by the Arkansas State Police?

RESPONSE

In connection with your request, I have received from the Reed City Attorney various pleadings in the case of City of Reed v. ProsecutingAttorney, 10^th Judicial District, which is currently pending in the Desha County Circuit Court as Case No. CV 2004-1-5. In light of the pendency of this case, I must respectfully decline to answer your question. In order to avoid encroaching upon exclusively judicial prerogatives, it has long been the policy of this executive-branch office to avoid rendering opinions on matters that are pending in the courts.

Assistant Attorney General Jack Druff prepared the foregoing, which I hereby approve.

Sincerely,

MIKE BEEBE Attorney General