From publications to infamous crimes

AG OPINION NOS. 2021-065, 2021-067 AND 2002-003

The Attorney General was asked whether an online publication constitutes a newspaper of general circulation or a legal newspaper; whether certain counties are without a newspaper of general circulation or without a legal newspaper; and whether under those circumstances county officials should therefore post the notices or advertisements.

Arkansas Law

A county government is directed to publish required notices in a newspaper of general circulation in the county pursuant to certain provisions of the Arkansas Code. See Ark Code §§ 14-14-104, 105; 14-14-905; 14-14-917; 14-16105; 14-16-106; 14-21-102; 14-22-101; 22-9-2-3; 26-36203; 26-37-102; and 26-37-107. The AG noted that the courts have reasoned that newspapers of general circulation are publications that are given wide and general publicity and can reasonably be expected to be generally read by the public. Ark. Code §14-14-104(b) provides where no newspaper of general circulation exists in a county, publication may be made by posting in three (3) public places which have been designated by ordinance.”

Arkansas law also requires legal notices to be published by litigants or the courts in a legal newspaper of general circulation. Reference is made to Ark Code § 16-3-101 et seq., which provides that if there is no legal newspaper of general circulation in the county, the publication shall be made by posting five (5) written or printed notices in the most public places in the county.

Online Publications

In AG Opinion No. 90-134 (June 8, 1990), the Honorable Mayra Jones requested an opinion as to whether a legal newspaper of general circulation needs to be a hard copy or in print media (as opposed to published online or on the internet). Do the online publications of newspapers qualify for or count as to whether a newspaper publication is of general circulation in a county only if it is published printed. Or does online publication count as far as a newspaper of general circulation? The AG explained that an online publication will not likely constitute a newspaper for purposes of notice statutes or a legal newspaper, that online newspapers do not meet the requirement of print and sheet form, and that online newspapers are generally ineligible for publishing public legal notices as required by state law. The AG further noted that this analysis is consistent with how other states have interpreted similar notice-publication statutes.

Background

Rep. Danny Watson kindly provided background information as to the extremely limited circulation of two newspapers in Little River County under AG Opinion request No. 2021065. The AG stated she could not provide a definitive answer to state and county officials as to whether there is a newspaper of general circulation or a legal newspaper in Little River County, Arkansas. County officials, litigants, and courts in Little River County and other similarly situated counties must determine whether there is a newspaper of general circulation and legal newspaper in their county.

Mark Whitmore Chief Legal Counsel

Sen. Ronald Caldwell kindly provided background information in connection with AG Opinion request No. 2021067. Woodruff County has a population of 7,620. Woodruff County lost its last printed newspaper in December 2020. There are currently no newspapers that generally circulate printed newspapers in the county. There is a large entity that is online. The AG determined that under the facts presented, Woodruff County is clearly without a newspaper of general circulation nor a legal newspaper. Several other counties in Arkansas also are without general circulation of a printed newspaper. In recent years, several county officials, litigants and courts in other similarly situated counties must determine whether there is a newspaper of general circulation and legal newspaper in their county.

AG OPINION NO. 2022-004

The AG was asked about the effect of sealing or expungement of a criminal record in connection to eligibility to run or hold office. The AG explained the litany of laws and provisions of the Arkansas Constitution. The Arkansas Constitution, Article 5, §9 prohibits anyone convicted of embezzlement of public money, bribery, forgery, or other infamous crime from serving in the General Assembly or holding any office of trust or profit in the state. It also bars persons that lack the qualifications of an elector. The lack of a disqualifying conviction is a legal prerequisite to holding office. The Arkansas Code echoes these prohibitions and further prohibits the placement of their name on the ballot. Additionally, candidates are required to pledge they have never been convicted of a felony. The AG concluded that to the extent a person has plead guilty or nolo contendere of a “public trust” crime, that person may not file, run for, or hold any constitutional office, any elected office of a county, city, township, or other political subdivision of the state, regardless of whether the crime was sealed or expunged.