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HB 1832

TO AMEND THE RULES OF THE SUPREME COURT AND COURT OF APPEALS OF THE STATE OF ARKANSAS; AND TO AMEND A RULE OF THE SUPREME COURT AND COURT OF APPEALS UNDER THE AUTHORITY GRANTED BY THE ARKANSAS CONSTITUTION.

2025 Regular Session Introduced by Bart Hester and 1 co-sponsor

Act 975 gives Arkansas' Court of Appeals exclusive power to hear cases challenging laws' constitutionality, streamlining judicial processes and clarifying court roles.

Notification that HB1832 is now Act 975
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Bill Summary · HB 1832

Summary of House Bill 1832 (Act 975)

Purpose and Intent

House Bill 1832, now known as Act 975, amends the rules governing the Supreme Court and Court of Appeals of the State of Arkansas. The primary intent of the bill is to grant the Court of Appeals exclusive original jurisdiction over cases that challenge the constitutionality of Arkansas laws on a facial basis. This means that if a party seeks to declare a law unconstitutional in all its applications, the case will be heard initially by the Court of Appeals rather than the Supreme Court.

Key Provisions

  • Exclusive Original Jurisdiction: The Court of Appeals will have exclusive original jurisdiction over facial constitutional challenges, allowing it to hear cases where a party argues that a provision of an act, the Arkansas Code, or an administrative rule is unconstitutional.

  • Appeal Process: Cases decided by the Court of Appeals under this new jurisdiction can be appealed as of right to the Supreme Court, ensuring a pathway for further review.

  • Amendments to Existing Rules: The bill modifies Rule 1-2 of the Rules of the Supreme Court and Court of Appeals to reflect these changes, aligning the jurisdictional authority with the provisions of the Arkansas Constitution, specifically Amendment 80.

Impact

  • Judicial Efficiency: By assigning facial constitutional challenges to the Court of Appeals, the bill aims to streamline the judicial process, potentially reducing the caseload of the Supreme Court and allowing for more focused handling of constitutional issues.

  • Legal Clarity: The amendment clarifies the jurisdictional boundaries between the two courts, which may help in reducing confusion regarding where such cases should be filed.

  • No Fiscal Impact: According to the fiscal impact statement, there are no anticipated costs or resource requirements associated with the implementation of this bill.

Procedural Timeline

  • Introduced: March 18, 2025
  • Passed: The bill passed through various legislative stages, including committee reviews and votes in both the House and Senate, culminating in its enrollment on April 16, 2025.
  • Effective Date: The act is set to take effect on November 1, 2025.

Conclusion

House Bill 1832 (Act 975) represents a significant change in the jurisdictional authority of Arkansas courts regarding constitutional challenges. By granting the Court of Appeals exclusive original jurisdiction over these cases, the legislation aims to enhance judicial efficiency and provide clearer pathways for legal challenges to state laws.

Compiled from official sources — confirm details with the bill’s official record.

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