Rule 24 Employment of Court Personnel

Absent express statutory authority to the contrary, the Director of the Administrative Office of the Courts holds sole responsibility to hire and terminate the staff of the Administrative Office of the Courts. Arkansas Code Annotated section 16-10-102(a)(2) also provides that the Director of the Administrative Office of the Courts is “subject to the approval of the Supreme Court and the Arkansas Judicial Council, Inc.” and “serves at the pleasure of the Supreme Court.” The Director therefore cannot be terminated without the express consent of at least four members of the Supreme Court.

As it relates to employees of the Administrative Office of the Courts, no employee of the Supreme Court of Arkansas or the Administrative Office of the Courts shall process any termination letter, restrict access to physical space, restrict access to information-technology services, cut off payroll, or otherwise restrict employment activity without the express approval of the Director of the Administrative Office of the Courts.

As it relates to the Director of the Administrative Office of the Courts, no employee of the Supreme Court of Arkansas or the Administrative Office of the Courts shall process any termination letter, restrict access to physical space, restrict access to information-technology services, cut off payroll, or otherwise restrict employment activity without the express written approval of at least four members of the Supreme Court of Arkansas.

The Clerk of the Supreme Court and Reporter of Decisions also serve at the pleasure of the entire Supreme Court of Arkansas. Ark. Const. amend. 80, § 2(F). The Clerk and Reporter cannot be terminated without the express written approval of four members of the Supreme Court of Arkansas. The Clerk and Reporter retain hiring and firing authority for members of their staff, subject to notice to the entire court. Absent an emergency, any terminated employee may be reinstated within three days if at least four members of the Supreme Court have given express written notice.

Each justice has hiring and firing authority for his or her immediate chambers staff, which includes two law clerks and a judicial administrative assistant. No other Supreme Court of Arkansas employee or Bar of Arkansas employee may be terminated without the express written approval of four members of the Supreme Court of Arkansas.

Any terminations that have occurred on or after January 1, 2025, in contravention of this order are hereby rescinded, effective immediately.

The failure to abide by any provision of this order may result in a citation for contempt.