Judges: WINSTON BRYANT, Attorney General
Filed Date: 8/31/1994
Status: Precedential
Modified Date: 7/5/2016
The Honorable Jim Bob Steel Prosecuting Attorney Ninth Judicial District-West 219 N. Main, P.O. Box 548 Nashville, AR 71852
Dear Mr. Steel:
This is in response to your request for an opinion on the following questions:
1. Are the employees of the Sevier County Municipal Court city employees or county employees?1
2. Which governmental entity — city, county, or both — has the authority to set the salaries of municipal court employees?
3. Which governmental entity has the authority to determine other budgetary items for the municipal court?
4. Can Sevier County legally reimburse the city for health insurance premiums that the city has paid for the municipal judge without obligating the county for health insurance coverage for all part-time county employees?
5. Are municipal judge candidates voted on by all Sevier County voters or only by voters of the City of DeQueen?
In response to your first question, according to my research there is no statutory or case law authority identifying these employees as either city or county employees for all purposes. As a general matter, it appears that they are considered court personnel. Arkansas Code Annotated §
With regard to your second question. I assume from the statement of facts included in your correspondence that this question focuses on salary raises for the employees. While reference should be made to any specific statute applying to a particular position,2 it is my opinion that in accordance with A.C.A. §
(a) In the event the Arkansas General Assembly establishes a uniform procedure for civil practice in the municipal courts of Arkansas and therein establishes a municipal court cost fund to be used exclusively for the operation and expenses of the municipal court, any municipal court judge's, clerk's, or other employee's salary authorized by §
16-17-108 may be increased from the minimum salary upward to any amount not exceeding the maximum salary authorized in § 16-17108 and may be paid from the fund as set forth hereafter.(b) The city council or the county quorum court, or both, if authorized, of the local governmental jurisdictions responsible for paying the salaries of the municipal court judge, clerks, and other employees may authorize salary increases for the various court personnel as authorized above after considering the following factors:
(1) The amount and availability of funds in the municipal court cost fund;
(2) The volume of caseload;
(3) The backlog of cases, if any, on the court docket;
(4) The time required in dealing with cases;
(5) The skill required in dealing with cases; and
(6) The amount of time taken away from the judge's private practice, if applicable.
The General Assembly did establish a uniform procedure for civil practice in the municipal courts and has established a "municipal court cost fund." See A.C.A. §
In response to your third question, certain budget items may be governed by statute. See, e.g., A.C.A. §§
With regard to budgetary items, generally, however, my research has disclosed no provision vesting authority in a specific governmental entity. It should perhaps be noted that those expenses which are "necessary and essential for the court to operate" will essentially be determined by the court, as neither the city nor the county possesses authority, as a constitutional matter, to deny such expenses. See generally Venhaus v.State.
To the extent a dispute exists with respect to a non-essential item submitted in the court's budget, it is my opinion that a reasonable argument exists in favor of input by both the city and the county where the court's expenses are shared by both political subdivisions. The issue is not clearly addressed, but many statutes governing control over municipal courts envision some type of shared power between the county and municipalities involved. I believe the Arkansas Supreme Court would be reluctant to allow one governmental entity to dictate non-essential expenses (not otherwise governed by statute) to another where the legislature has ordered that the expenses be "paid equally." A.C.A. §
It is my opinion that the answer to your fourth question is "yes."
In response to your final question. I lack sufficient information to identify, the controlling statute. There is a general provision authorizing the county-wide election of the municipal judge pursuant to city ordinance. See A.C.A. §
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elisabeth A. Walker.
Sincerely,
WINSTON BRYANT Attorney General
WB:EAW/cyh