4th Circuit judges agree on divvying up caseloads

FAYETTEVILLE — Judges in the 4th Judicial Circuit, which includes Washington and Madison counties, have made recommendations for assigning caseloads after a new judge is elected next year.

Legislators were told an eighth judge is needed in the circuit to handle juvenile cases.

“The growing population, increasing number of juveniles cited or arrested to appear in juvenile court and the increasing number of juvenile court cases filed in Madison and Washington counties clearly support an additional judge to handle juvenile cases,” Stacey Zimmerman, administrative judge for the district, said in a letter to the Washington County Bar Association last year.

The local bar association is typically asked to support a request for a new judge, as is the Arkansas Supreme Court. The request then goes to the state Legislature for approval.

Circuit courts are general jurisdiction trial courts. Effective Jan. 1, 2002, circuit courts consist of five subject matter divisions: criminal, civil, probate, domestic relations and juvenile. Judges in each circuit decide how they will divide the cases filed in their circuit.

The Legislature approved the new circuit judge position earlier this year. The judge will be elected in 2020 and take office Jan. 1, 2021.

NEW JUDGE

Zimmerman has Division 3, which is juvenile court. She handles almost all the juvenile cases, including delinquency, dependent-neglect and family in need of services. She estimates spending from 45 to 60 hours a week in court.

As of Dec. 31, 2017, there were about 2,100 active juvenile court cases, including new ones filed and those open from previous years.

Each judicial district must submit an administrative plan every year to the state Supreme Court for approval.

According to the case management plan submitted June 26, the new judge will be assigned half of all juvenile cases, including delinquency, family in need of services and dependent-neglect cases. The judge also will get half of all juvenile detention hearings, half of the open juvenile cases and all criminal division cases in which a juvenile is charged after Jan. 1, 2021. The new judge will also get 10% of domestic relations cases filed, excluding domestic abuse cases.

Zimmerman will handle the other half of juvenile cases. The seven circuit judges unanimously adopted the plan.

Circuit Judge Mark Lindsay said the plan is designed to even out the caseloads among the judges.

“That’s always the goal of our plan, to make sure that everyone is treated fairly and, if they need help, they get it,” Lindsay said. “If everybody’s happy with what they’re doing and how much time it’s taking, we let well enough alone.”

Lindsay said Zimmerman and Judge Cristi Beaumont asked for help with caseloads and changes were made to accommodate them.

“In general, the only major changes I see in the plan are Judge Zimmerman’s caseload is being reduced because of the new judge as well as Judge Beaumont’s. If you’ll notice both Judge Zimmerman and the new judge are taking 10 percent of the whole domestic relations docket, except domestic abuse cases,” Lindsay said. “The reason for that is Judge Zimmerman, we all agreed, needed some help. She was on the bench more than any of us judges were and there were days when she went from 7 in the morning to 7 at night.”

Lindsay said Beaumont’s caseload has been going up from other judges referring cases to Drug Court.

The thinking was also that Zimmerman could help other judges out more if she had fewer cases, Lindsay said.

The Washington County Quorum Court adopted a resolution supporting the request for a new judge and agreed to help renovate and expand the juvenile justice building, which was built in 2000.

Washington County’s population increased from 111,000 in 1989, when the position of juvenile judge was created, to 232,000 in 2017.

The number of children in foster care in Washington County has gone from 83 in 2009 to 313 last year, Zimmerman told county officials recently. In all, 1,181 juveniles were cited by law enforcement and had to appear in juvenile court in 2017; about half of those were sent to diversion programs.

A judge was last added in the 4th Judicial District in 2010. Joanna Taylor was elected to the new Division 7 position. Each division consists of one judge and staff. Taylor has since been re-elected. Terms are for six years.

CASELOAD NUMBERS

Judges, the percentage of cases assigned to them, and their total caseload at the end of 2018, include:

m Division 1, Judge Doug Martin: 25% of probate cases filed; 50% of civil; and, 33.3% of domestic abuse. Martin had 2,289 cases.

m Division 2, Judge John Threet: 25% of civil cases; 20% of domestic relations (excluding domestic abuse); 25% of probate; and, 33.3% of domestic abuse cases. He had 1,856 cases.

m Division 4, Judge Cristi Beaumont: 40% of domestic relations cases (excluding domestic abuse) until Jan. 1, 2021, when it changes to 20%; Drug Court and Veterans Court. Beaumont had 1,777 cases.

m Division 5, Judge Beth Storey Bryan: 25% of civil cases; 20% of domestic relations (excluding domestic abuse); 25% of probate; and, 33.3% of domestic abuse. She had 1,955 cases.

m Division 6, Judge Mark Lindsay: 75% of Washington County criminal cases; 100% of Madison County criminal; domestic relations cases filed between Jan. 1, 2015, and April 15, 2016; and, open probate cases assigned prior to Jan 1, 2013. Lindsay had 4,171 cases.

m Division 7, Judge Joanna Taylor: 25% of Washington County criminal cases; 20% of domestic relations (excluding domestic abuse); 25% of probate; any re-opened Division 6 domestic relations cases closed as of Jan. 1, 2015; and, all criminal division cases in which a juvenile is charged from Jan. 1, 2020, to Dec. 31, 2020. Taylor had 2,108 cases.

The plan also includes assignments for the five district judges in the two counties, including a rotating schedule on the first and second Friday for conducting first appearance hearings and arraignments in felony criminal cases.

Graham Nations, judge of the second division, will hear first appearances on Mondays. Casey Jones, judge of the third division, will hear first appearance hearings each Wednesday.

Circuit judges will handle first appearances on days district judges do not.

Elections in Arkansas for circuit judges are nonpartisan. The 2020 election will be March 3. Runoffs will be on the general election ballot in November.

Circuit judges are paid $168,096 per year.

Benton County also was approved to have one additional judge elected next year.