Justices on the Arkansas Supreme Court again criticized the Court of Appeals, writing in a footnote of an opinion released Thursday that the lower court failed to supply proper documentation with a case.
The scolding -- in a dismissed divorce case the high court sent back to the Court of Appeals for a ruling -- is the latest example of a feud between the two courts that has played out publicly in back-and-forth statements made in official court rulings.
Among their disagreements are the workloads and salaries of the appeals judges compared with Supreme Court justices.
In their sole opinion released Thursday, the ruling majority of the high court's justices expressed displeasure that the case sent to them was missing documents such as briefs and exhibits.
"We note that with twelve judges, twenty-four law clerks, and four staff attorneys, that the court of appeals has sufficient resources to spot such deficiencies. In the future, we expect the court of appeals to ensure that the briefs comply with our rules prior to certifying a case to this court," said the footnote, in an opinion by Justice Shawn Womack.
In a dissent, Chief Justice Dan Kemp said he would not have even addressed the question raised in the appeal due to the lack of material given to the high court.
Under his leadership -- Kemp took office in January -- the court shifted some of its workload on post-conviction cases to the lower appeals court this spring.
Kemp also sought an 11 percent increase in salary for himself and the six associate justices, with a 2 percent pay raise for other judges, including those on the Court of Appeals.
The Independent Citizens Commission, which sets the salaries for elected state officials, instead recommended this week that the Supreme Court get the same 2 percent raise as other judges and officials.
Neither Womack's opinion nor Kemp's dissent mentions the desired raises.
Kemp is paid $180,000 a year as the chief justice. The chief judge of the Court of Appeals is paid $164,000. Supreme Court associate justices are paid $166,500. Judges on the Court of Appeals are paid $161,500.
Judges typically do not give public interviews to news media, and none of Thursday's opinion writers were available by phone.
The Court of Appeals decision dismissing the divorce case was written by Judge Bart Virden. Virden on Thursday declined to comment, other than to say, "It is unusual enough that you noticed and called me."
In March, the Supreme Court changed which appellate court would hear the bulk of post-conviction relief appeals. Instead of those cases going to the high court, the majority will first go to the Court of Appeals.
"On March 2, 2017, however, our supreme court, without effectuating a rule change and without any explication or further explanation as to why it was no longer required by law to hear such cases, summarily transferred a majority of its Rule 37 cases to this court by means of a footnote in an unsigned per curiam opinion," Court of Appeals Judge Phillip Whiteaker wrote in a footnote of his own in an opinion released in May. Whiteaker wrote that the change was made without providing the Court of Appeals with more staff.
In a response delivered last month to the news media, the Supreme Court said Whiteaker's note contained "factual errors," while expressing "complete confidence that the Court of Appeals' twelve judges and 28 lawyers can handle these cases."
Then, in an unsigned opinion released June 8, the Supreme Court ordered the Court of Appeals judges to stop writing shorter "memorandum" opinions.
Thursday's footnote was included in the court's opinion in a case where a man had sought to terminate alimony payments to his ex-wife after she began living with her boyfriend.
The ex-wife argued that a 2013 law allowing payments to be ended for "cohabitation" should not apply retroactively to the couple's 2011 divorce.
The Court of Appeals dismissed the ex-wife's case. In Thursday's majority ruling, the justices said the 2013 law did not apply retroactively and sent the case back to the Court of Appeals for a decision on the merits.
Metro on 06/23/2017