Winter 2025 County Lines

Page 1


ASSESSOR • ADDRESSING • VOTING • LAW

ROAD & BRIDGE • EMERGENCY MANAGEMENT

GIS MAPPING

Office specific extensions tailored to your day-to-day business needs. Map parcels, address points, roads, pavement issues, voters, and so much more!

USER FRIENDLY INTEGRATION

Easily create, edit, and export items at anytime from anywhere. The site is mobile-friendly and backed by our unparalleled customer support team.

Real-time access to the local, state, and federal data sources you need to make informed decisions. Bringing everyone and everything together.

ROADS LEAD TO STRONGER COMMUNITY.

A community’s roads connect us to jobs, healthcare, daily essentials, friends and family — and home. Ergon is proud to provide the materials and support needed to help build and maintain safe roadways across America, connecting us all to what matters most.

In This Issue

Shortly after taking office in 2017, Hot Spring County Judge Dennis Thornton set out to breathe new life into the courthouse, where he spent much time as a youngster. Due to a lack of constant maintenance, there was mold and mildew, plaster flaking from the walls, water leaks, and other issues. After eight years of renovations, the county held a ribbon cutting ceremony in October 2024 (above). Another part of the project included installing electric vehicle charging stations (left), which attract motorists passing through the area via Interstate-30. Judge Thornton said the stations are constantly being used.

Cover Notes: Hot Spring County Courthouse Renovations
Photo by Sarah Perry, AAC Communications Coordinator

May 6-8

Judges Road Seminar

Norfork River Resort, Norfork

June 4-6

Judges

Benton Event Center, Benton

June 8-11

Sheriffs

Hotel Hot Springs, Hot Springs

June 11-13

County Clerks Fort Smith

June 17-20

Assessors

DeGray Lake Resort, Bismark

June 18-20

Treasurers

Benton Event Center, Benton

June 18-20

Collectors

Winthrop Rockefeller Institute

June 25-27

Circuit Clerks

Winthrop Rockefeller Institute

June 25-27

Circuit Clerks

Winthrop Rockefeller Institute

Aug. 13-15

AAC Annual Conference

Rogers Convention Center Rogers

Calendar activities also are posted on our website: www.arcounties.org

Contact AAC

Chris Villines, Executive Director cvillines@arcounties.org

Anne Baker, Executive Assistant abaker@arcounties.org

Loretta Green, Receptionist lgreen@arcounties.org

Eddie A. Jones, Consultant e.jonesconsulting@gmail.com

Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org

Colin Jorgensen, AAC Litigation Counsel cjorgensen@arcounties.org

Josh Curtis, Governmental Affairs Director jcurtis@arcounties.org

Lindsey French, Legal Counsel lfrench@arcounties.org

Taylor Handford, Legal Counsel thandford@arcounties.org

Christy L. Smith, Communications Director csmith@arcounties.org

Sarah Perry, Communications Coordinator sperry@arcounties.org

Michael Roys, ACE Program Coordinator mroys@arcounties.org

Cindy Posey, Accounting/HR Manager cposey@arcounties.org

Jenny Evans, Accounting & Program Assistant jevans@arcounties.org

Mark Harrell, IT Manager mharrell@arcounties.org

Jim Grinder, Cyber/Network Security Engineer jgrinder@arcounties.org

Risk Management/ Workers’ Compensation

Brandy McAllister, RMS & Insurance Director bmcallister@arcounties.org

Misty Petrus, Workers’ Comp Sr. Claims Mgr. mpetrus@arcounties.org

Cathy Perry, Program Analyst cperry@aacrms.com

Kim Nash, Workers’ Comp Claims Adjuster knash@aacrms.com

Renee Turner,Workers’ Comp Claims Adjuster rturner@aacrms.com

Jennifer Shook, Medical Claims Adjuster jshook@arcounties.org

Jacob Trumble, Claims Analyst jtrumble@arcounties.org

Greg Hunt, Claims Analyst ghunt@aacrms.com

AAC Mission Statement

The Association of Arkansas Counties supports and promotes the idea that all elected officials must have the opportunity to act together in order to solve mutual problems as a unified group. To further this goal, the Association of Arkansas Counties is committed to providing a single source of cooperative support and information for all counties and county and district officials. The overall purpose of the Association of Arkansas Counties is to work for the improvement of county government in the state of Arkansas. The Association accomplishes this purpose by providing legislative representation, on-site assistance, general research, training, various publications and conferences to assist county officials in carrying out the duties and responsibilities of their office.

Kim Mitchell, Premium Analyst kmitchell@aacrms.com

Karen Bell, Program Assistant kbell@aacrms.com

Ellen Wood, Admin. Asst./Receptionist ewood@aacrms.com

JaNan Thomas, RMS Counsel jthomas@arcounties.org

Melissa Dugger, RMS Litigation Counsel mdugger@arcounties.org

Jennifer Merritt, RMS Litigation Counsel jmerritt@arcounties.org

Mallory Floyd, RMS Employment Counsel mfloyd@arcounties.org

Fonda Fitzgerald, RMS Paralegal ffitzgerald@arcounties.org

Ian Gaebel, RMS Paralegal igaebel@arcounties.org

Samantha Wren, RMS Assistant swren@arcounties.org

Erica Archer, RMS Legal Assistant earcher@arcounties.org

Ashley Pursell, RMS Admin. Assistant apursell@arcounties.org

James Mirus, Member Services Manager jmirus@arcounties.org

County Lines

County Lines [(ISSN 2576-1137 (print) and ISSN 2576-1145 (online)] is the official publication of the AAC. It is published quarterly. For advertising inquiries, subscriptions or other information, please contact Christy L. Smith at 501.372.7550.

Executive Director/Publisher

Chris Villines

Communications Director/ Managing Editor

Christy L. Smith Communications Coordinator/Editor

Sarah Perry

AAC Executive Board:

Debbie Wise – President

Brandon Ellison – Vice President Jimmy Hart – Secretary-Treasurer

Tommy Young Deanna Sivley

Debra Buckner Dana Baker

Kevin Cleghorn Terry McNatt

Rebecca Talbert Doug Curtis

Gerone Hobbs Marty Boyd

John Montgomery Heather Stevens

Brenda DeShields Selena Blair

Bobby Burns

National Association of Counties (NACo) Board Affiliations

Debbie Wise: NACo board member. She is the Randolph County Circuit Clerk and president of the AAC Board of Directors.

Brandon Ellison: NACo board member. He is the Polk County Judge and vice-president of the AAC Board of Directors.

Ted Harden: Finance & Intergovernmental Affairs Steering Committee. He is a member of the Jefferson County Quorum Court.

Barry Hyde: Justice and Public Safety Steering Committee. Vice Chair of Transportation Steering Committee. He is the Pulaski County Judge.

Rusty McMillon: Justice and Public Safety Steering Committee. He is the Greene County Judge

Kevin Smith: IT Standing Committee. He is the Sebastian County Director of Information Technology Services.

Gerone Hobbs: Membership Committee. He is the Pulaski County Coroner.

Paul Elliott:Vice Chair of Justice and Public Safety Steering Committee, vice chair of law enforcement subcommittee. He is a member of the Pulaski County Quorum Court.

Ellen Foote: Community, Economic & Workforce Development Steering Committee. She is the Crittenden County Tax Collector.

Tawanna Brown: Telecommunications & Technology Steering Committee. She is the Chief Computer Operator for Crittenden County.

AAC DIRECTOR’S DESK

Addressing the voids, and speaking up for counties

He was a giant among men … literally and figuratively. And Mike Jacobs’ leadership at the Association of Arkansas Counties matched his frame. Sadly, Mike succumbed to a second stroke at the age of 77 on Feb. 2 of this year.

The longest-serving president at the Association, Mike spent 15 years at the helm. He served in this role during the terms of four AAC executive directors: Jim Baker, Brenda Pruitt, Eddie A. Jones and myself. I don’t think any of them would disagree when I say we were better leaders here because of his guidance.

As Johnson County judge for 24 years, and justice of the peace for several following that, Mike left an indelible fingerprint on his county. A Spring 2012 issue of County Lines had a cover-story on Mike, with a quote from him that he “wanted to do two things when he took office. He wanted to increase the miles of paved roads and access to running water.”

Those issues accomplished quickly, he then tackled a new 9-1-1 system, the public defender’s office, a new jail and road department building, a new sheriff’s office, a new municipal courtroom and office, a senior citizen center and a new health department building.

Impressive accomplishments as judge weren’t enough, so he lent his leadership to the County Judges Association, the West Central Association of Conservation Districts, the West Central Planning and Development District, the Board of Counseling Associates, the Western River Valley Regional Solid Waste Management District, the Johnson County Development Corporation Board, the AAC AND the National Association of Counties.

Oh, and by the way, before all this he played linebacker for the Arkansas Razorbacks.

What I loved about our friend Mike Jacobs, though, was if you asked him what he did he would tell you he’s a cattle farmer — running a herd up until the very end.

Those of you who knew him appreciated his humor, his uncanny ability to just naturally lead, and his ability to laugh at himself. I was a time or two the subject of his practical jokes, the best of which are not suitable for reprint.

Please join me in praying for his family and friends, especially his dear wife Sandra, as they lean on wonderful memories of a great man. A simple cattle farmer who was comfortable no matter where he was.

A second great void is felt in the AAC family as we move forward, but this one for a much better reason. As you all know, long-time AAC employee and Risk Management Director Debbie Norman has joined the ranks of the retired.

A great friend to all she knew, and an incredibly capable director, Debbie oversaw an expansion of our Risk Management Services. Growing the liability and property program from 42 to all 75 counties AND adding a team of legal defense attorneys on staff were a small piece of her many significant accomplishments here at the AAC.

Chris Villines AAC Executive Director

She helped define the culture here and it lives on thro ugh the risk management, workers compensation and litigation staff. She left a lasting impression and one we can all be thankful for when our counties need help with coverage or lawsuits.

Debbie and I always had a knack for alternating good and rough workdays, so it was not uncommon for me to find myself in her office or vice versa to smooth out the averages. Debbie, we wish you the best on your new journey and hope you check in often.

session, I apply the same logic to our friends in the capitol. There are one or two that would love to disappear groups like ours from working on legislation, but the void that would be left would create an incredible vacuum of expertise working hard to educate legislators on how counties operate.

I am proud of the work our subject matter expert team of Mark, Lindsey, Josh, Taylor and Eddie provide alongside all of you. Financial expert Dave Ramsey says, “The man with an experience is not at mercy to the man with an opinion.” We have lived your experiences with you, and these offer invaluable insight as to why certain things might work … or might not in your courthouse.

In Mike Jacobs’ final “President’s Perspective” column in the Fall 2014 issue of County Lines he penned, “Can you imagine being a newly elected official and not having this organization (AAC) available to provide the guidance and legal expertise to help you in your job?”

As we wind through the final days of the 2025 legislative

Please join me in thanking this team when you see them next. So many questions that would be lost in translation between legislators and individual county officials are capably answered by this team, and this model of efficiency would be wrecked if we were ever told we could not work directly with our incredible legislators. The work is hard, but well worth it when we see final products in laws that embody the “winwin” premise we aspire to achieve.

AAC PRESIDENT’S PERSPECTIVE

Scholarship deadlines fast approaching

It’s no secret that the cost of a college education has skyrocketed in the last several decades — so much so that college is out of reach for many students.

The Association of Arkansas Counties (AAC) took a proactive step in 1985 when it established its Scholarship Trust. Through this trust, the AAC awards college financial assistance to the children, stepchildren and grandchildren of Arkansas county and district officials and employees. Since the trust was established, the AAC has awarded more than 300 scholarships totaling more than a quarter of a million dollars.

I highly encourage you to share this information with anyone in your office who may have a child, stepchild, or grandchild who will be attending college in the fall. The deadline to apply is May 1. You may access the application at https://www.arcounties.org/about-us/aac-scholarship/ or on Pages 26-27 of this magazine.

Scholarship recipients are selected based on the following criteria: applicants must plan to attend or are already attending college; must have a financial need; must have a grade point average of 3.0 or above and a minimum ACT score of 18; must be or will be a high school graduate in the state of Arkansas; and must be a child, grandchild, adopted child, or stepchild of a current or retired county employee of Arkansas.

The AAC currently awards 12 scholarships of $2,000 each per year. Three of those 12 are memorial scholarships — the Randy Kemp Memorial Scholarship, the Matt Morris Scholarship, and the Jonathan Greer Memorial Scholarship.

Randy Kemp was the first AAC Communications Director, serving from July 2008 until his death in August 2011. The scholarship is funded exclusively by the annual Randy Kemp Golf Tournament.

The Matt Morris scholarship was established following the death in 1999 of Matt Morris, son of former Searcy Mayor David Morris, who is a former AAC employee. Matt was an Arkansas Razorback baseball recruit. The scholarship is funded by donations made in Matt’s name and by the County Judges’ Association. It is awarded each year to an applicant who exemplifies Matt’s character, either through their sports involvement or by helping others.

Jonathan Greer was a staff attorney at the AAC and the liaison to the Quorum Court Association when he tragically passed away. The Arkansas Association of Quorum Courts established this scholarship in Jonathan’s memory to be awarded each year to a deserving student.

A fourth memorial scholarship is offered by the County Judges’ Association of Arkansas — the Greg Ray Memorial Scholarship. The scholarship was established to honor the legacy of former Sevier County Judge Greg Ray, who passed away in August 2022.

Along with the AAC, the following county associations contribute to the scholarship trust annually: The County Judges Association of Arkansas, the Arkansas County Clerks Association, the Arkansas Circuit Clerks Association, the County Collectors Association of Arkansas, the Arkansas County Treasurers Association, the Assessors Association of Arkansas, the Arkansas Association of Quorum Courts and the Arkansas Sheriffs’ Association.

The judges, county clerks, circuit clerks, collectors, treasurers, sheriffs, assessors also offer scholarships separate from the AAC scholarship. You can find many of these applications in the Publication Library on the AAC web site. You can find out more about the sheriffs’ scholarship on the Arkansas Sheriffs’ Association website.

So, there are many avenues available to help pay for a college education. Again, please share this information with anyone in your courthouse who may have a qualifying dependent and submit those applications by May 1.

Debbie Wise
President
DEBBIE WISE

Juvenile Justice: History to Reform

In Arkansas, juvenile justice impacts the state, as well as county and municipal governments. For about 120 years, juvenile judges have exercised special care and authority to address youth delinquency.1 Changes in society and major transformations in government structure encourage us to meaningfully review the state of our juvenile justice system. This article will explore the history of juvenile justice; review Arkansas’ current system for diverting, detaining, processing, treating, and addressing minors alleged to have committed crimes; and then conclude with a summarization of four areas in which juvenile justice may be improved.

History of Juvenile Justice

On the eve of Independence Day in the United States, Illinois became the first state in our nation’s history to develop a separate criminal justice system for children alleged to have broken the law or engaged in delinquent conduct. Instead of punishing children for bad behaviors, Illinois Juvenile Justice Courts exercised the state’s parens patriae powers — its legal authority to “parent” and protect vulnerable citizens — over children by imposing consequences aimed at reforming negative behaviors among youth so they may later flourish within society.2 For delinquents who needed to be held in custody, the new Illinois law provided separate housing for minor and adult detainees. Illinois’ juvenile justice law protected children by making their juvenile court records confidential. Such confidentiality prevented average juvenile delinquents from obtaining life-long, detrimental public status as convicted criminals.

About 12 years after Illinois’ Juvenile Court Act was enacted, Arkansas established its own juvenile justice system.3

Under Arkansas Act 215 of 1911, any boy under 17 years old or girl under 18 years old who committed a

crime or behaved poorly4 was a “delinquent child” subject to the jurisdiction of the juvenile court. Because the Arkansas Supreme Court had held the General Assembly could not create new courts, our Legislature vested the power to hear juvenile matters within an existing court system: the county courts, over which county judges preside. At the time, giving county courts authority over juvenile justice did not seem inconsistent with Arkansas Constitution art. 7, § 28, which provided that

County Courts shall have exclusive original jurisdiction in all matters relating to county taxes, roads, bridges, ferries, paupers, bastardy, vagrants, the apprenticeship of minors, the disbursement of money for county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties. (emphasis added).

In 1919, the court upheld the legality of vesting county courts with juvenile jurisdiction, holding juvenile justice was a constitutionally “local concern affecting the welfare of the immediate communities or counties.” Ex Parte King, 141 Ark. 213 (1919).

County control over juvenile justice lasted over half a century. Act 215 allowed the county judge — the “court” — to appoint juvenile probation officers. The Act capped salaries at $1,200 per year for chief probation officers and $900 for assistant probation officers; county judges had discretion to pay lower salaries based on the need and resources of their respective county. These juvenile probation officers investigated cases of juvenile delinquency, represented the interests of neglected children in court, and were broadly empowered to “take charge” over children as directed by the county judge.

In 1987, over a decade after Arkansas voters revised the authority and structure of county governments,5 our Supreme Court noted that recent federal decisions on juvenile justice demanded county courts be divested of authority to hear juvenile matters. As a reaction to the U.S. Supreme Court’s decision in In re Gault, 387 U.S. 1 (1966) (entitling children to essential due process and fair treatment in delinquency proceedings), the General Assembly had attempted to ensure county courts presiding over juvenile justice matters afforded children adequate due process protections.6 Despite the Legislature’s efforts, the Arkansas Supreme Court in Walker

Anthony Bennett AAC Law Clerk
Above: Pictured is the Garland County Courthouse, c. 1911

www. nancial-intel.com www.facebook.com/FISoftwareSolutions

AAC RESEARCH CORNER

JUVENILE

v. Ark. Dep’t. of Hum. Servs. determined that juvenile justice was not a constitutionally “local concern,” and held “county courts, by their very nature, have been unable to ensure the proper disposition of juvenile delinquency cases … For these reasons, jurisdiction over juveniles cannot under any circumstances be placed in the county court.” (emphasis added) Walker, 291 Ark. 43 (1987).

In response to Walker, the General Assembly passed, and the voters approved, Amendment 67 to the Arkansas Constitution.7 Under Amendment 67, chancery, circuit, and probate courts consumed the juvenile jurisdiction previously entrusted in county courts. The Arkansas Juvenile Code was thereafter adopted, creating juvenile divisions within the probate court system and authorizing those courts to make delinquency determinations. A couple of years later, juvenile jurisdiction transferred to the chancery courts and Arkansas Act 418 of 1989 sustained counties’ obligation to provide at least one juvenile intake officer and one juvenile probation officer to serve under the juvenile judge. After Amendment 80, chancery courts were consolidated into the circuit courts. Circuit courts acquired jurisdiction over juveniles in 2001, as well as supervisory powers over juvenile intake and probation officers. Counties’ responsibility to set and pay juvenile intake and probation officers’ salaries, however, inexplicably remained the law of the state.

TContinued From Page 12 <<<

— [which is] great for the confidentiality needs of the kids, [but] not great for accountability/outcome verification,” said Fogleman.

Review of Arkansas’ Current Juvenile Justice System

Today, albeit within a different court system, juvenile justice policy is much the same in Arkansas as it was in 1911: judges with juvenile jurisdiction are broadly authorized to exercise parens patriae in a way that rehabilitates delinquent children, commonly by recommending community-based programming or committing the child to a public treatment center, formerly called the youth services center, but now known as juvenile treatment centers (JTCs) administered by the Arkansas Division of Youth Services (DYS).

oday, albeit within a different court system, juvenile justice policy is much the same in Arkansas as it was in 1911: judges with juvenile jurisdiction are broadly authorized to exercise parens patriae in a way that rehabilitates delinquent children...

The separation of powers issue produced when juvenile intake and probation officers transitioned from the supervision of county judges — who have both executive and judicial roles — to state judges is, “[o]ne feature of our juvenile system that would likely require an article of its own,” said Adam Fogleman, Pulaski County Civil Attorney. “Because circuit judges do not share that dual-branch authority, it was in serious error that the execution of court orders and administration of juvenile probation . . . was assigned to a judicial branch employee.”

Blurring the lines between executive and judicial functions when it comes to juvenile intake and probation officers “allows the juvenile courts to operate in complete secrecy

Expansions of this state’s juvenile prevention, intervention, and treatment capacity over time has greatly improved the overall success of Arkansas’ juvenile justice system. Prevention includes programs like DYS’s Civilian Student Training Program (CSTP),8 while intervention may be accomplished through mentorship by juvenile probation officers. The goal of these programs is to divert juveniles from criminal conduct while, when possible, allowing delinquents to remain in their homes. Up until last year, many counties depended on programs like the Arkansas National Guard Youth Challenge to reform negative behaviors among delinquent youth and to reduce rates of juvenile recidivism. Since the closure of Youth Challenge, there are fewer evidence-based community programs to divert both boys and girls from crime.

The overall success of Arkansas’ juvenile justice law turns on two considerations. First, whether juvenile justice policy makes the public at-large safer from the threat of juvenile crime. And second, whether the state juvenile justice system adequately treats delinquents so troubled juveniles may eventually reintegrate into society in a law-abiding manner. Despite advancements in how we treat delinquent juveniles, a recent rise in violent and gang-related crimes by minors makes it necessary to rethink how we approach juvenile justice policy in a way that best maintains public safety, vindi-

cates victims, and achieves behavioral reform by instilling a sense of accountability in youth.

When minors are initially alleged to have committed serious crimes or acts of violence, they may be detained pretrial, generally in a county-run juvenile detention center (CJDC).9 Then, juvenile intake officers initiate delinquency proceedings. As one juvenile officer explained, “there are some laws that require us to sit-on, or hold, juveniles with certain charges.10

“When kids are caught with guns or are out committing serious felonies, the county takes custody over them. Sometimes we have to get creative to make sure we have space and staff to house those kids safely.”

Juvenile intake officers, usually after being contacted by a city or county law enforcement officer who has detained a child,11 will attempt to contact the child’s parents and determine whether he or she should be taken into custody pending a detention hearing.12 The prosecuting attorney may file a delinquency petition in the juvenile court, and the court will decide whether the delinquency petition against the juvenile is sufficient.13 Alternatively, the prosecutor may consult with the juvenile intake officer to achieve diversion of the case. Diversion includes methods like juvenile probation, drug court, and the payment of restitution.14

AAC RESEARCH CORNER

A great example of diversion in Arkansas can be found in Jefferson and Lincoln counties, where the Hon. Earnest Brown, Jr. presides over all juvenile delinquency cases. There, Judge Brown has established a Group Violence Intervention (GVI) program “to help juveniles who are on the brink of entering the criminal justice system.”15 Aimed at reducing violent crime and gun-related misconduct, GVI targets youth groups and provides holistic community engagement not only to delinquents, but also to young people whose lifestyles or influences may later lead them into the juvenile, or criminal, justice system. Since the GVI program was formed, the number of juvenile homocides dramatically reduced from nine in 2023 to one in 2024. The goal is to eliminate juvenile homicide entirely. When a juvenile circuit judge finds a child delinquent, they have many alternative remedies to impose against the minor “based upon the best interest of the juvenile.”16 Remedies include treatment programming, community-based programming, and sometimes, the transfer of the juvenile into DYS custody using a validated risk assessment system.17 Delinquents who commit misdemeanors and are low-risk, according to the courts’ validated risk assessment system, may not

See “JUVENILE” on Page 16 >>>

AAC RESEARCH CORNER

JUVENILE

be placed in DYS custody. However, medium- and high-risk juveniles may be if the court “makes specific findings” to determine commitment is “in the juvenile’s best interest.”18 If placed in DYS custody, juveniles are to receive care plans that cater to their needs of treatment and rehabilitation.19 Because records are generally confidential,20 whatever sanction a child receives from the juvenile court will not haunt him or her for life.

Jefferson County Sheriff Lafayette Woods has emphasized the “urgent need for stronger accountability mechanisms for our youth.” As custodian of the largest county-owned juvenile detention center in the state, Sheriff Woods has had a unique opportunity to understand some of the many causes of and solutions to juvenile delinquency. In his view, “amid rising crime, it is imperative that we instill a sense of responsibility and consequence in our young people. Our community must come together to reinforce the message that actions have repercussions.”

Like Judge Brown, Sheriff Woods underscored the positive influence programs like GVI can provide for youth: “I witness daily the critical impact that early intervention and clear accountability can have on redirecting young lives towards brighter, more constructive paths.”

When children commit serious crimes, the Juvenile Code provides a procedure for transferring them from the circuit court’s juvenile division to its criminal division.21 The chart below shows when prosecutors may seek to try a juvenile as an adult.

Continued From Page 15 <<<

treated — and punished — like adults: records aren’t sealed, and instead of being treated at the discretion of the DYS, the juvenile is sentenced to a term of imprisonment or required to pay a fine, or both. After a prosecutor moves to transfer a juvenile case to the circuit court’s criminal division, the court holds a transfer hearing during which it must consider nine factors and make a written determination upon a finding by clear and convincing evidence that the juvenile should be tried as an adult.22 Factors include the juvenile’s level of culpability, whether physical or property injuries were caused, and the juvenile’s previous history of delinquency. This process can be characterized as the juvenile judge’s discretionary transfer of jurisdiction to the criminal division. Plus, any other factors deemed relevant by the judge. Alternatively, prosecutors have discretion to file a juvenile case directly with the criminal division of a circuit court when a person aged 16 or older commits a felony, or when a person aged 14 or older commits certain violent offenses such as murder, aggravated robbery, rape, or terroristic acts. This direct file procedure may still result in a transfer hearing because “upon the motion of the court or of any party,” such cases can be transferred from the criminal division to the juvenile division after the court conducts a transfer hearing and submits its written findings on the factors listed in Arkansas Code § 9-27-318(g).23 Moving a case from the criminal division to the juvenile division is a reverse transfer.

Instead of enjoying all the protections and alternative sanctions discussed above, juveniles tried in criminal court are

The state facilitates its own juvenile justice system, but the federal government still plays a role in regulating juvenile detention. The federal Juvenile Justice and Delinquency Prevention Act of 1974 authorizes the U.S. Department of Justice to provide formula grants to states that comply with certain requirements, including (1) ensure youth are not incarcerated for status offenses24 and (2) separate youth from adult inmates by sight and sound.

The Juvenile Justice Reform Act of 2018, which took effect in December 2021, extended sight and sound separation to juveniles being charged and tried as adults until an interest-of-justice hearing has been held.25 These provisions apply whether a juvenile is

adjudicated delinquent or tried and convicted as an adult. Only 10 of Arkansas’ 75 counties have a juvenile detention center, but every county has juvenile intake and probation officers. These officers’ salaries are paid by counties, with the state reimbursing half of each employee’s salary up to $20,000.26 There are currently over 200 juvenile intake and probation officers in Arkansas, but that number has declined variably due to low pay. The number of CJDCs also has declined in recent years with the closure of facilities in Independence (August 2021), Mississippi (October 2021), Garland (July 2022), and Miller (November 2022) counties. These closures eliminated over 100 beds suitable for juvenile pretrial detention.

The DYS has four residential juvenile treatment centers in Arkansas, located in Chicot, Poinsett, Saline, and Sebastian counties. These JTCs provide individualized planning for adjudicated juveniles that maximize the benefit of their custody and reduce the likelihood of youths reoffending. DYS also contracts with community-based programs and service providers across the state to provide therapy, intensive casework management, community-service supervision, and drug screening. In 2023, there were 408 commitments to DYS with a recommitment rate of 0 percent (compared to FY 2022, which had 381 total commitments and a recommitment rate of 18 percent).

Over the years, when DYS has lacked space to hold and treat minors determined to be delinquent, it has depended on county juvenile detention centers to maintain custody over adjudicated juveniles. Between 2014 and 2024, the number of CJDC beds being used by juveniles committed to DYS has fluctuated between as low as 10, and as high as

AAC RESEARCH CORNER

110.27 (See chart below.) CJDCs were not established as jails, but rather as secure facilities where juveniles could be safely held pretrial. CJDC officers generally separate in-custody juveniles by sex and seriousness of the offense. Consequently, counties that provide CJDC beds to DYS have diminished capacity to safely house juvenile offenders pretrial. As counties encounter an increasing number of youths in possession of firearms and engaged in violent crime, the strain on local resources is worsened. Further, delinquent youths housed in CJDCs do not benefit from the same evidence-based treatment and behavior-management provided in State JTCs.

Conclusion

This article has identified four areas where this state’s juvenile justice policy can be improved. First, by increasing DYS’s capacity to house and treat serious juvenile offenders, counties’ ability to manage pre-adjudicated delinquents would be greatly improved. Second, diversionary programs would relieve the state, counties, and public of the burden of rising juvenile delinquency. Third, streamlining the process of transferring juveniles who commit serious crimes to adult court would make consequences more apparent, deterring juveniles from engaging in such conduct. Lastly, making juvenile probation officers employees of the state, rather than the counties, and increasing those officers’ salaries would bring clarity to those positions so they may best-serve the interests of juveniles.

See “JUVENILE” on Page 18 >>>

Left: This chart shows Arkansas Department of Human Services Division of Youth Services usage of CJDC beds between 2010 and 2024.

— Courtesy of Arkansas Department of Human Services DYS

AAC RESEARCH CORNER

JUVENILE

1. Increase the State’s Capacity to House and Treat Adjudicated Juveniles

Increasing funding for the DYS would enable it to expand its capacity to safely house and treat serious juvenile offenders. Increased funding could also support specialized custodial treatment services, such as therapy and substance-abuse rehabilitation. Importantly, expanding DYS capacity makes communities safer by keeping space available in county facilities for juveniles being detained pretrial. The goal here is twofold: to provide an environment for juveniles who have committed serious offenses to thrive through evidence-based treatment at DYS and to promote safety by leaving space in county detention facilities for juveniles not yet found to be delinquent. The kids in pretrial detention are safer when they are not housed with adjudicated delinquents. The public at large also is safer from the risk of juvenile crime when pretrial juvenile facilities maintain their capacity to immediately house alleged delinquents.

2. Expand the Availability of Diversionary Programs

Additional evidence-based diversion programs benefit the government by reducing the cost of residential treatment; benefit the public by reducing the prevalence of juvenile crime; and benefit youth by providing effective behavioral reform. For example, bolstering DYS’s Civilian Student Training Program by adding staff and space could allow them to provide similar services to girls. Court-sponsored programs like Teen Court and Drug Court offer opportunities for youth to conform their behavior with the law and prepare themselves for the future. Out-of-court and voluntary programs that provide diversion to males and females, like Youth Challenge, are also necessary to reform behavioral issues which could lead to delinquency or more serious criminal conduct.

Increased funding for diversionary programs positively influences the lives of juveniles and augments public safety.

3. Streamline the Process of Charging Juveniles as Adults for Serious Crimes

The process for transferring minors who commit violent crimes from juvenile court to criminal court can be streamlined to ensure efficient justice for such offenders. Making the transfer procedure more efficient could serve as a deterrent to the commission of serious offenses if juveniles understand they will be held ac-

countable for such conduct.

Continued From Page 17 <<<

As previously mentioned, Arkansas has discretionary transfer and direct file procedures. Other states, however, additionally have mandatory transfer procedures and statutory exclusion to simplify the process of trying juveniles as adults. For example, Tennessee recently updated its juvenile code to require the transfer of minors older than 16 accused of first- or second-degree murder or attempted first- or second-degree murder. Louisiana goes a step further by requiring the transfer of minors older than 16 accused of murder, rape, or kidnapping. However, in Missouri, if a juvenile older than 13 is accused of committing a felony with a firearm, or if a 17-year-old is accused of committing any felony, he or she is excluded from juvenile jurisdiction and may automatically be tried as an adult. Adopting mandatory transfer procedures or statutory exceptions for serious or repeated juvenile offenders may make the public safer, as criminal sanctions serve as strong deterrents against crime.

4. Make Juvenile Intake and Probation Officers Employees of the State

Subject-matter jurisdiction over juveniles has been removed from the county courts and vested in state courts for nearly 50 years.28 Despite circuit judges having managerial authority over juvenile intake and probation officers, counties are left with the obligation of fixing the number and compensation of such officials. The state reimburses counties for juvenile officers’ salaries up to $20,000 per officer per year.29 Low, variable pay across the state contributes to low rates of recruitment and retention. Clarifying juvenile officers’ roles as county or state employees would promote uniformity and workability.

Sources

1. Youth delinquency includes “serious antisocial behavior by a minor, such as vandalism, theft, or joyriding; [especially] behavior that would be criminally punishable if the actor were an adult … ” Juvenile Delinquency, BLACK’S LAW DICTIONARY (12th ed. 2024).

2. “Illinois Supreme Court History: Juvenile Courts,” ILLINOIS COURTS, June 23, 2020, https://www. illinoiscourts.gov/News/388/Illinois-Supreme-CourtHistory-Juvenile-Courts/news-detail/#:~:text=On%20 July%203%2C%201899%2C%20the,punitive%20 justice%20for%20the%20crime.

3. Arkansas’ first step towards juvenile justice came in 1905, when it created a “State Reform School” for juveniles. Act 199 of 1905, authorizing the penitentiary commission to transfer juvenile convicts from prison to a reform school for persons under 18, where such juveniles would work in clearing and cultivating lands and crops.

4. Non-criminal conduct that was nonetheless delinquent included associating with thieves; leaving home without parental approval; and using “vile, obscene, vulgar, profane or indecent language.” Act 215 of 1911.

5. See Ark. Const. Amendment 55, approved in November 1974.

6. Ark. Act 451 of 1976.

7. See Arkansas Acts of 1987, S.J.R. 1, p. 2878 (approved in November 1988).

8. The Civilian Student Training Program (CSTP) is “an eight to nine-week residential program that teaches behavior management, criminal behavior deterrence, … academic and life skills, and community service” for males aged 13 to 17. Civilian Student Training Program, ARK. DEP’T OF HUM. SERVS., https:// humanservices.arkansas.gov/divisions-shared-services/ youth-services/cstp/.

9. Ark. Code Ann. § 9-27-313(a)(1) and (c)(2)(A)(i).

10. Ark. Code Ann. § 9-27-313(d)(1)(A), requiring law enforcement officers to take juveniles to pretrial detention when taken into custody for certain firearmrelated offenses.

11. See Ark. Code Ann. § 9-27-313(d) (law enforcement officers’ requirements after taking a juvenile into custody).

12. Ark. Code Ann. § 9-27-322(a) and (b). The detention hearing must occur within 72 hours of the juvenile being taken into custody. Ark. Code Ann. § 9-27-326(a).

13. Ark. Code Ann. § 9-27-327(a).

14. Ark. Code Ann. § 9-27-323(e)(2).

15. Ryan Houston, “Juvenile Homicide on the Decline in Pine Bluff,” ABC 7, https://katv.com/news/local/ juvenile-homicide-on-the-decline-in-pine-bluff-crimemurder-jefferson-county-ryan-houston-channel-7-exclusive-katv-news-crime-prevention-group-violenceintervention, (Jan. 14, 2025).

16. Ark. Code Ann. § 9-27-330(a).

17. Id. at (a)(1)(B).

18. Id. at (a)(1)(B)(iii)(c) and (a)(1)(B)(iii)(d).

19. Ark. Code Ann. § 9-28-203(5).

20. Ark. Code Ann. § 9-27-309.

21. Ark. Code Ann. § 9-27-318.

22. Id. at (g) and (h).

23. Id. at (c).

24. The term “status offense” refers to conduct that is not criminal if committed by adults.

25. Pub. L. No. 115–385, tit. II, § 205, 132 Stat. 5123 (2018) (codified at 34 U.S.C. § 11116).

26. Ark. Code Ann. § 16-13-331(d)(3)(B).

27. As noted by the DYS, in early 2019, it “discontinued the use of JDC beds for ‘timeouts’ as a form of behavior management at DYS secure facilities.” Instead, a Treatment Team was formed to establish treatment plans and track juveniles’ progress. The DYS explained, “[i]t is DYS policy to utilize JDC beds only during times when the incoming youth cannot be managed safely and efficiently in an Assessment Unit bed at the facility in Alexander.”

28. Recall Walker, 291 Ark. 43, 51 (1987), removing county courts’ statutory jurisdiction over juveniles.

29. Ark. Code Ann. §§ 16-13-327 (d)(1) and -328 (d)(1).

So you want to be an elected official? Or do you?

Why did you run for county office? That’s a simple question but maybe tough to answer. The majority of county officials in Arkansas are in their first or second term of office. Many of you are just now starting the second half of your first term and making the decision of whether or not to run again. Let me help you with that decision. If you are not in office to be a public servant — don’t run.

Do you enjoy what you do? Steve Jobs is quoted as saying, “The only way to do great work is to love what you do.” If you don’t love the work of your office — don’t run.

Public Service is defined as a service that is provided to the public by the government to benefit the community — in your case the county. County government in Arkansas is authorized to provide many types of services. At the same time counties are required to provide: (1) administration of justice through the courts of record of the county (county court, district court and circuit court); (2) law enforcement protection services and the custody of persons accused or convicted of crimes; (3) real and personal property tax administration, including assessments, collection, and custody of tax proceeds; (4) court and public records management, as provided by law, including registration, recording, and custody of public records; and (5) all other services prescribed by state law for performance of each of the elected county officers or departments of county government. Those required services are, in essence, the operations of the county constitutional offices.

And, of course, another very important service to Arkansas counties, administered by the county judge, is the construction and maintenance of county roads and bridges with restricted revenues strictly for that purpose.

S.E. Cupp, an American television host, political commentator, and writer, said “Public service is running for office with the explicit and limited goal of serving your neighbors.” I could not agree more. You are elected to county office to serve the residents of your county. If we aren’t careful, we begin to think of ourselves as a little elevated above others because we have been fortunate enough to be elected to public office; when, in fact, we are a servant of the people. Public service is about serving all the people, including the ones who are not like you.

I am running for office because… There are many motivations for political candidates, ranging from the benevolent to the selfish. Some people run for office because they may have personal animosity toward the incumbent or their county government at large. They feel the best way to solve the problem is to do the job themselves — and stick it to

the opposition at the same time. Animosity is never a good reason to run. True, an elected official may need to be replaced because they have never learned the laws concerning the operation of their particular office so they are not doing the job properly or with the right attitude. But don’t run just because of animosity toward someone.

Consider the best answer to, “Why am I running for office?” What are you passionate about? What do you want to achieve? And don’t be generic about it. Try to tie who you are with what you want to achieve, along with how your efforts will make a positive difference if you win. The voters want to know who you are, what ties you to the community, and why they should support you.

It’s not just, “I am running for office because… It’s also what are you going to do if you win the election. Why you seek office is only part of the story. The consequences of winning an election are the other half. Voters want to know what’s in it for them. If you’re running for office surely you have a specific policy or goal you want to achieve once you’re elected. Be prepared to talk about it. You want to be able to tell your story easily and succinctly.

There are bad reasons to run and good reasons to get into politics. Not only local candidates, like those running for county office, have been tripped up when answering why they want to be elected. So have others — even a presidential candidate.

It happened on a bright summer morning 45 years ago when Ted Kennedy’s campaign for the presidency suddenly imploded — almost before the race had even begun. I remember it well. That was about the time I was entering the political scene.

In August of 1979, Kennedy was the overwhelming favorite to seize the Democratic nomination for president. The incumbent, Jimmy Carter — staggered by soaring gas prices and a hostage crisis — seemed poised for a knockout by the last surviving brother of America’s storied political dynasty. And then, all of a sudden, Kennedy’s aura of inevitability was shattered.

On the lawn of the family’s compound in Hyannis Port, Massachusetts, Kennedy was about to give the first television interview of his nascent campaign to Roger Mudd of CBS. As the cameras rolled, Mudd popped the now-famous question: Why do you want to be president? Even if he had

not been a Kennedy, what followed was stunning: a hesitant, rambling and incoherent nonasnwer. It seemed to go on forever without arriving anywhere. Mudd threw another softball, and Kennedy swung and missed again. On the simple question that would define him and his political destiny, Kennedy had no clue.

It’s crucial to define exactly why you’re running for office. Know why you’re running and articulate it well. If you can’t come up with a solid answer of what you hope to accomplish in office, then perhaps you should reconsider running at all.

It is my belief that a career in public service is a high calling that provides an opportunity to make a difference in people’s lives and improve your county. No man or woman should have a public office because they want a job. A public office is not a job; it is an opportunity to do something for people — our friends and neighbors.

However, the Pew Research Center says Americans’ negative feelings about politics and elected officials extend to their views about the quality of the people who run for office and the reasons why they do. For the most part, these feelings don’t differ much across party lines.

What do people believe motivates people to run for office? Self-interest —whether in the form of making money, potentially running for a higher-level office later, or gaining some level of notoriety and attention — is widely seen as the motivating force for all or most elected officials. In contrast, just 15 percent of Americans think all or most elected officials ran because they wanted to serve the public. That means the vast majorities of both Republicans and Democrats think most politicians run for reasons of self-interest, not public interest.

That should not be, and it hasn’t always been like that. That perception of self-interest can and will change when enough people run for public office for the right reasons — servanthood leadership.

In order to be effective, elected officials must work as part of a team to establish a shared vision for the future and to develop goals and plans that make that future possible. A county official is part of a team. You are not autonomous.

Holding a public office is an act of service to the public — that is, service to all the residents of the county, not just those who share your views or those who voted for you. It is a challenge that requires every office holder to rise above the fray, to reach beyond comfort zones, and to work with others with whom you may have significant differences.

Rising to that challenge is what makes democracy work. It’s what makes shaping our shared future possible. It’s what others have done before us. And it’s what has made our counties places we can be proud of.

Getting elected as a county constitutional officer or a district official serving on the quorum court brings a special status. It also comes with the obligation to look beyond

yourself and cultivate the qualities of collaboration, teamwork, and civility.

Not too long ago we observed the Christian holiday of Christmas. It was Christ who set the ultimate example of service and sacrifice when he condescended to us and submitted to death on our behalf. Likewise, we are called to humbly serve others.

The Holy Scripture has many verses about serving others such as:

• 1 Peter 4:10-11 which says to use your gifts to serve others as a steward of God’s grace.

• Colossians 3:23-24 speaks of working hard, but not to please your earthly masters.

• Mark 10:42-45 is a passage about being humble in your service and not to lord it over others.

It is Philippians 2:3-8 that really conveys that message of servanthood. Part of that passage says, “Do nothing from selfish ambition or conceit, but in humility count others more significant than yourselves. Let each of you look not only to his own interests, but also to the interests of others.”

There is always a temptation to operate in a spirit of selfish ambition, looking to advance one’s own agenda. Such conceit is countered by counting others more significant than yourselves. I believe that most realize that everyone naturally looks out for his or her own interests. The key is to take that same level of concern and apply it also to the interest of others.

Former President Harry Truman wrote in his diary in 1954, “An honest public servant can’t become rich in politics.” By implication, he is saying honest politicians should be working on behalf of the people, not themselves.

So, you want to be a county elected official? Or do you? If you do, you can’t be perched on some lofty pedestal because, even though on one hand you are in a position of leadership, more importantly you are a servant of the people.

Holding public office is an honor, but it comes with certain legal and moral responsibilities that can be a challenge. As a county elected official, you need to know and understand the various Arkansas laws concerning the operation of your office and your conduct in office. That level of understanding is not gained by osmosis. It takes vigilant study of the laws governing your office plus the ethics laws.

County government needs to maintain, and in some cases recover, its old vigor and reliability and its servanthood leadership — a leadership style that prioritizes serving others over personal objectives. We desire excellence in county government. Coach Jimmy Johnson said, “The difference between ordinary and extraordinary is that little extra.” If you are elected to county office “Strive to be Stellar” — nothing less than stellar is worthy.

AAC LEGAL CORNER

Citizen-driven ballot measure reform a hot topic this legislative session

While the 2021 and 2023 general sessions of the Arkansas General Assembly saw widespread bills regarding election integrity, lawmakers this session have emphasized reforming the signature petition process for citizen-driven initiative and referendum petitions.

• Act 115 by Sen. Breanne Davis significantly amends the signature gathering process in Title 3 for local option wet/dry elections, concerning the hiring and training of paid canvassers. Sponsors are required to run background checks on paid canvassers; a sponsor cannot pay a canvasser based on the number of signatures collected; the form shall be as prescribed by the county clerk; and other amendments as applied to this area of law.

• Act 153 by Rep. David Ray clarifies that an Attorney General’s certification of ballot language for an initiative is only valid for the next general election cycle.

• Act 154 by Rep. David Ray expands the Attorney General’s scope of scrutiny over statewide initiative ballot language to allow the Attorney General to opine if there are any conflicts with the language and federal law. It also prohibits a sponsor from submitting multiple conflicting sets of ballot language that cover the same subject matter.

• Act 218 by Sen. Kim Hammer requires canvassers to disclose to every person signing a petition that petition fraud is a criminal offense.

• Act 240 by Sen. Kim Hammer requires a person signing a petition to show a copy of their approved photo identification to the canvasser to verify their identity before signing the petition.

• Act 241 by Sen. Kim Hammer requires canvassers to file an affidavit with the Secretary of State swearing that they have complied with Arkansas law in the gathering of signatures. Signatures submitted by a canvasser shall not be counted if they do not turn in this affidavit.

• Act 272 by Sen. Clarke Tucker requires the posting of the full text of certified statewide initiative and referendum ballot language, along with the letter of certification from the Attorney General’s office, on the Secretary of State’s website.

• Act 273 by Sen. Kim Hammer disqualifies signatures on statewide petitions if the Secretary of State finds by a preponderance of evidence that the canvasser has violated Arkansas law in the gathering of signatures.

• Act 274 by Sen. Kim Hammer requires potential signers

of a signature petition to read the ballot title in the presence of the canvasser or have the canvasser read the title aloud to them before signing a petition.

• HB1574 by Rep. Deann Vaught, at the time this article was written, passed through the House and the Senate State Agencies committees and will be heard on the Senate floor. It requires that paid canvassers for statewide petitions in the state of Arkansas must be residents of the state as well as domiciled in the state. A sponsor of a statewide petition shall not knowingly hire a paid canvasser who is not a resident that is also domiciled in the state.

• HB1713 by Rep. Ryan Rose, at the time this article was written, passed through the House and is assigned to the Senate State Agencies Committee. It requires ballot titles for statewide initiated measures to be at or below an eighth grade reading level under the Flesch-Kincaid Readability Test. This determination will be made by the Attorney General’s office.

• HB1714 by Rep. Ryan Rose, at the time this article was written, passed through the House and is assigned to the Senate State Agencies Committee. It defines “items of value” that a person receives in exchange for gathering petition signatures to qualify as a “paid canvasser.” Examples include lodging, travel expenses, gift cards and other forms of compensation.

However, not all Arkansans have been receptive to these changes. On March 11, the League of Women Voters of Arkansas submitted a proposed constitutional amendment to strengthen direct democracy to the Attorney General’s office for certification to be placed on the November 2026 general election ballot. It’s stated goal is to “reform the state’s ballot initiative process” and “protect citizens’ right[s] to propose and vote laws directly, without interference from the General Assembly.”

Key reforms include:

• Prohibits the General Assembly from amending voter-approved constitutional amendments.

• Streamlines ballot title approval and ensures a 45-day challenge period.

• Protects referendum rights by ensuring titles match those assigned by the General Assembly.

AAC GOVERNMENTAL AFFAIRS

Legislative session update

Iam writing this column in the middle of the legislative session. This is the busiest time of year for your AAC policy team. We are tracking hundreds of bills, some of which are beneficial to county government, and some not so much. One day last week I needed to be in three different committee meetings at the same time. Luckily, I had some help from the circuit clerks’ and collectors’ leadership. The legislative process can be a slow-moving process but the next couple of weeks will be a race to the finish line. House Concurrent Resolution (HCR) 1006 states the 95th General Assembly will adjourn April 16. If the legislature determines the need to extend the session further, they will have to pass another HCR.

Article 7 section 46 of the Arkansas Constitution says the sheriff of the county is the ex officio collector of taxes, unless otherwise provided by law. Over the last few sessions, we have seen a few bills separating the office of sheriff/collector. This session we have had three bills signed into law that separates the office — in Poinsett, Searcy and Montgomery counties. We also have two other bills that making their way through the process that separates the sheriff/collector, but instead of a stand-alone collector’s office, the collector and treasurer will be combined. These counties are Woodruff and Arkansas. These initiatives were generated locally and supported by each county. Currently there are 24 sheriff/collectors and five treasurer/ collectors. Historically, counties that wanted to separate the office of sheriff/collector to make a stand-alone office or combine with another office would get their Quorum Court to pass a resolution in support. Then they would talk to the state representative or senator representing that county.

Counties also can choose to combine offices or move duties from one official to another. ACA 14-14-602 through 14-14614 lays out how counties that choose to form an alternative form of government can do so. For example, if a county decides to have a financial management office, the quorum court can pass an ordinance setting out how and which elected official would oversee the operation. However, the quorum court alone cannot combine two offices. They can start this process by proposing the initiation of an analysis for alternative county organization through the introduction and passage of an ordinance. Several requirements must be considered for this analysis, included in ACA14-14-607. There also is a deadline for giving notice to the public. Any ordinance submitting an alternative organization proposal to the voters shall be published in a newspaper of general circulation within the county

no later than the first day of filing for the preferential primary immediately preceding the general election at which the alternative county government proposal shall be decided. Ultimately, the ordinance will be placed on the ballot at the next general election, and the voters will decide the alternative form of government. I expect more counties to pursue separating the office of sheriff/collector the easy way in future sessions.

Another issue that has consistently come up in previous sessions is record shielding. Several bills have been filed over the past four sessions attempting to remove from public websites law enforcement officers’ personal information on tax and land records. The intentions are to help law enforcement protect their identity. This is an idea that warrants merit, but it’s a wholesale change of the way a lot of industries do business. We have seen a couple of these bills filed this session, as well. HB1565 would require the assessor to remove records from their website if requested by any citizen. However, we worked with the sponsor on an alternative, and they decided to drop the bill from consideration. Another bill, which would be problematic, is HB1621. This bill seeks to exempt personal information of elected constitutional officers, judges, county and city officials from the Freedom of Information Act of 1967. Any record with an elected official’s address, phone number, date of birth, name and address of an employer of an immediate family member, voter registration information, among other things would be exempt. Meaning no one could FOIA this information and the information could not be listed on any website or social media account. Counties are custodians of public records; we are not custodians of private records. Your team here at the AAC along with the Arkansas Land Title Association are watching this one closely and working with the sponsor.

We are in the stretch run to conclude the 95th General Assembly’s regular session. Please keep up to date on your emails, specifically your legislative updates from the AAC. Your leadership teams have been working hard at the Capitol, but we are not finished. We must finish strong. Stay engaged and call or email us if you have any questions.

www.arcounties.org

AAC RISK MANAGEMENT SERVICES

Due process requirements

Within our § 1983 inmate litigation, we have recently seen an increase in due process claims. As many county detention centers hold mostly pre-trial detainees, it is important to have due process procedures in place that are in compliance with the 14th Amendment of the U.S. Constitution, as well as the specific requirements laid out in Wolff v. McDonnell, 418 U.S. 520, 564-70 (1974).

Due process requires that a pre-trial detainee cannot be punished prior to an adjudication of guilt. Bell v. Wolfish, 441 U.S. 520, 537 (1979); see also Martinez v. Turner, 977 F.2d 421, 423 (8th Cir. 1992) (“Pretrial detainees are presumed innocent and may not be punished.”). However, pre-trial detainees may be subjected to certain restrictions and conditions without due process if necessary to maintain order and security in the jail. Bell, 441 U.S. at 538–40 (“Thus, if a particular condition or restriction of pretrial detention is reasonably related to a legitimate governmental objective, it does not, without more, amount to ‘punishment.’”).

However, if the conditions or restrictions imposed on a pretrial detainee may be deemed discipline or privilege deprivation, then the inmate is entitled to some due process protections. These due process requirements, set forth in Wolff v. McDonnell, include written notice of the charge; a written statement by the factfinder as to the evidence relied on and the reasons for the disciplinary action; the right of the inmate to be present, call witnesses, and present documentary evidence; and, in limited situations, a counsel substitute. 418 U.S. 539, 564-70 (1974). The Court further noted that “[p]rison disciplinary proceedings are not part of a criminal prosecution, and the full panopoly of rights due a defendant in such proceedings does not apply.” Id.

In Dible v. Scholl, the Eighth Circuit described what is required in a written notice of a disciplinary infraction. The Court stated:

The written notice must be adequate to enable the accused prisoner to “marshal the facts and prepare a defense.” Wolff, 418 U.S. at 564, 94 S. Ct. 2963; Freitas v. Auger, 837 F.2d 806, 809 (8th Cir.1988). Due process aims “to prevent arbitrary deprivations without threatening institutional interests or imposing undue administrative burdens.” [Superintendent v. Hill, 472 U.S. 445, 455, 105 S. Ct. 2768 (1985)]. To prevent arbitrary deprivations, the notice should spell out “more than a conclusory charge; an inmate must receive notice of at least some specific facts underlying the accusation.” Sira v. Morton, 380

F.3d 57, 70 (2d Cir. 2004) (internal quotation omitted). If known, prison officials should provide general information about the date, place, and nature of the alleged misconduct. Id. at 72. Specific facts may be withheld, however, when necessary to protect informants from intimidation and violent reprisals. Wolff, 418 U.S. at 565–66, 94 S. Ct. 2963; see Freitas, 837 F.2d at 809.

506 F.3d 1106, 1110 (Eighth Cir. 2007). And more recently, this Court has held that a “threadbare” due process form was insufficient to establish as a matter of law that a pretrial detainee received due process. Rupert v. Boyd, No. 3:17-CV-119-DPM-BD, 2018 WL 1778471, at *1 (E.D. Ark. April 13, 2018) {“Without support in the record, we cannot infer that the lack of specific facts in the disciplinary notice was justified by countervailing correctional needs. This record reveals no reason why Rupert couldn’t have been given more particulars about the disciplinary charge at issue.” (quoting Dible v. Scholl, supra)}. The written notice of charges must be given to the inmate at least 24 hours prior to the disciplinary hearing to allow the inmate adequate time to prepare their defense. Wolff also requires “a written statement by the factfinders as to the evidence relied on and reasons for the disciplinary action.” Wolff, 418 U.S. at 564. Thus, after the disciplinary hearing, there must be a written finding to place in the inmate’s file, which provides the outcome of the hearing and the reason for the finding, including the specific facts and information that was relied upon when making the determination of guilt.

Having the above-discussed documentation readily available for defense counsel is vital to defending an inmate’s due process lawsuit. These documents are provided directly to the court to prove the inmate did receive proper due process prior to losing privileges. However, if the above documents were not created, or are otherwise not available for defense counsel to provide to the court, it is likely that the case will be required to proceed to trial and/or a settlement conference.

If the due process procedures that your detention center currently have in place do not contain the above-stated requirements, please give JaNan Thomas or me a call to discuss. We are happy to review your facility’s due process procedures and to suggest any changes that may be needed.

Melissa Dugger
RMS Litigation Counsel

Saving for retirement made easier

The 457(b) deferred comp plan

When you join your employer’s 457(b) deferred compensation (comp) plan, you get a wealth of online resources to help you set your goals, research investment options and decide how much to save for retirement.

But you also get attentive service from Nationwide® Retirement Specialists. We’ll take time to understand your situation so we can provide personalized guidance as you:

Identify your retirement goals

Enroll in your employer’s retirement plan

Determine your contribution level

Develop a personalized long-term investment strategy

Keep track of your plan over time

What matters is where you want to go and how you’re going to get there. Let us help.

Association of Arkansas Counties Scholarship Application

The Association of Arkansas Counties (AAC) established its Scholarship Trust in 1985 to provide college financial assistance to the children, stepchildren and grandchildren of Arkansas county and district officials and employees. AAC has since awarded more than a quarter of a million dollars in scholarships.

Along with the AAC, the following county associations contributed to the scholarship trust in 2025: the County Judges Association of Arkansas, the Arkansas Circuit Clerks Association, the Arkansas County Treasurers Association, the Arkansas County Clerks Association, Arkansas Coroners Association, Arkansas Association of Quorum Courts, Arkansas Sheriffs Association, Arkansas County Tax Collectors Association, and the Arkansas County Assessors Association.

Qualifications for those seeking scholarship:

•Applicant must plan to attend or already attend a college, graduate school or other qualifying education institution.

•Applicant must have a financial need.

•Applicant must have a current grade point average of 3.0 or above and a minimum ACT score of 18.

•Applicant must be or will be a high school graduate of the state of Arkansas.

• Applicant must be a child, grandchild, adopted child, or stepchild of a current or retired county employee of Arkansas.

Instructions for completing application:

• Download the application at www.arcounties.org.

• Application is to be completed by applicant.

• All parts of the application must be completed in full.

• Please type or print in black or blue ink.

• Attach the following information to the completed application. Without the following information, application will not be processed:

1. Three (3) character reference letters, one from a county employee other than a relative.

2. An official transcript of courses taken along with ACT/SAT scores.

3. A biographical statement, including family and educational background, financial need, work history and other pertinent information about yourself.

Send completed application with attachments to: Scholarship Trust Association of Arkansas Counties 1415 W. Third Street Little Rock, Arkansas 72201

Completed applications must be received between January 1 and May 1, 2025 in order to be considered for that year’s scholarship.

Association of Arkansas Counties Scholarship Application

ASSOCIATION OF ARKANSAS COUNTIES SCHOLARSHIP APPLICATION

Applicant’s Name:

Permanent Address: City, State, Zip:

Age: ____ Marital Status: _______ Number of Dependents: Home Phone Number:

Are you currently employed? Yes _______ No _______

Name of current/last employer (if any)?

Position: Salary/Wages:

Are you a child, grandchild, adopted child or stepchild of a current or retired county employee of Arkansas? Yes: No: Is the employee retired? Name of relative

Which county? _____ ________ Department relative employed:

Relationship to county employee:

Source and amount of funds available for year in which scholarship is requested: REQUIRED INFORMATION

Parents projected income: $

Own projected income: $ Scholarships (current or anticipated): $ ____________ Government Grants: $ Personal Savings: $ Other (i.e. spouse income): $ ____________

Have you previously received assistance from the Association of Arkansas Counties Scholarship Trust? Yes: _______ No:

Educational Institution Applicant is now Attending:

Institution Name: City, State, Zip: Major: ____

Academic Classification (check one)

Grade Point (on a 4.0 scale):

Highest ACT or SAT Score:

_____ High School Senior College Junior

_____ College Freshman College Senior _____ College Sophomore Graduate Student Other

Educational Institution in which enrollment is desired:

Institution Name: City, State, Zip:

Course of Study: Degree Sought:

Expected Date of Completion: Amount of tuition/fees per semester: $

By my signature, I hereby authorize the Association of Arkansas Counties or its agents to make inquiry as to my enrollment status at the educational institution noted above and to seek reimbursement of scholarship funds should I fail to attend a qualifying educational institution.

Signature Date

It starts with us: preventing opioid overdoses

In 2023, 510 Arkansans died of an opioid overdose. If that number doesn’t alarm you, it should. Since 2016, Arkansas has had the second-highest opioid prescribing rate, and in 2024, we went the wrong direction — climbing to No. 1. But the opioid epidemic isn’t just a statewide problem; it’s a national one.

The Centers for Disease Control (CDC) declared a public health emergency regarding opioid overdoses in 2017, but the epidemic stems from the overprescription of opioids in the 1990s, long before the addictive and destructive power of these drugs was fully understood. According to the CDC, over 727,000 people in the U.S. died from an opioid overdose between 1999 and 2022.

While many Americans turn to their doctor or licensed provider for prescriptions or refills, others seek opioids from the medicine cabinets of loved ones and friends or through illicit street sources. Many of these street drugs are being laced with fentanyl, a dangerous, easy-to-make synthetic opioid. Today, seven out of 10 street pills seized by the Drug Enforcement Administration (DEA) contain a lethal dose of fentanyl. Despite the challenges we have faced in opioid overdose prevention and rhetoric around illegal drugs entering our communities, there’s been a surprising decrease in drug overdose deaths in the past year. According to the National Center for Health Statistics, overdose deaths nationally have decreased by 10.6 percent, with Arkansas being one of a handful of states with the sharpest decline in the past two years. It’s a good start, but we still have a long way to go.

One way we’re inspiring action against the Arkansas opioid epidemic is through Arkansas Drug Take Back Days. These events were created by the DEA in 2010 to combat the epidemic by collecting unused or expired prescription drugs straight from the hands of our community and safely disposing of them. Arkansas was an early adopter of Take Back Days, starting its statewide program that same year.

BALLOT

• Requires separate votes on bills and emergency clauses.

• Simplifies signature collection by allowing declarations instead of notaries.

The Attorney General rejected the proposed ballot measure as drafted on March 25, citing ambiguities in both the onepage ballot title and the text of the measure, a little over four pages. The sponsor will be able to resubmit language with the suggested changes from the Attorney General. If the proposal

Our program empowers Arkansans to secure, monitor and safely dispose of unwanted, unused or expired prescription medications at two Arkansas Drug Take Back Days per year, one in the spring and another in the fall. But every day is a day that we can act and take back our state by utilizing one of the more than 300 permanent take-back boxes that are available anytime.

To date, Arkansas has safely destroyed 314,731 lbs. of unused prescription medications. This collective effort bridges the gap between federal and statewide efforts, uniting everyone under a singular cause — to put an end to the unnecessary deaths caused by opioid-related overdoses, as well as preserving our environment.

On Oct. 26, 2024, I watched countless Arkansans participate in Arkansas Drug Take Back Day, disposing of 23,307 pounds of medication across the state.

By educating our communities and neighbors on the opioid crisis and the simple steps they can take to combat it, lives can be saved, and real results can happen. A 10.6 percent national decrease in drug overdose deaths is only the tip of the iceberg. It takes a village; only together can we win the day.

For Arkansas, for families, for our neighbors, we won’t stop our mission until that decrease reaches 100 percent and no one and no family suffers the devastating impact of a drug overdose.

Kirk Lane serves as executive director of the Arkansas Opioid Recovery Partnership. Lane has 33 years of experience in law enforcement and served as Arkansas State Drug Director from 2017 to 2022. He currently serves on the National Board of Directors for the National Community Anti-Drug Coalitions of America.

Continued From Page 22 <<<

is approved, it will require 90,704 signatures to qualify for the general election ballot in 2026. Many of the bills presented affecting signature petitions this session have emergency clauses that, if approved with a 2/3 vote, would go into effect upon the Governor’s signing the bills into act. Otherwise, the bills will go into effect 90 days after the General Assembly’s sine die adjournment, typically around the end of July or first of August.

Kirk Lane ARORP Director

Left: Former Johnson County Judge Mike Jacobs, who passed away in February, served as president of the County Judges Association of Arkansas and as AAC Board president during 15 years of his 18-year tenure on the AAC Board of Directors. Those who knew him well said he left a legacy of strong leadership and true friendship. He also left a mark on the AAC’s annual conference by calling the Hogs and singing “You are my Sunshine.”

Former judge, AAC Board President passes

Longtime Johnson County resident and public servant

Mike Jacobs passed away on Sunday, Feb. 2, 2025. Jacobs, 77, served as Johnson County Judge from 1991 to 2014. During that time, he also sat on the AAC Board of Directors. Jacobs served as president for 15 years.

Those who knew him well said Jacobs was a strong leader and a true friend.

“Mike was a dedicated servant to his county and state. He was a true friend and mentor. He always encouraged me during my tenure as AAC Legislative Chair, a seat to which he appointed me to,” said Debbie Wise, Randolph County Circuit Clerk and AAC Board President, noting that Jacobs always put a special touch on AAC’s annual conference.

“We never had an AAC conference that we didn’t call the hogs or end the conference singing ‘You are my Sunshine,’” she said.

AAC Consultant Eddie A. Jones said Jacobs was president of the AAC board during his entire tenure as AAC executive director.

“Mike was always in his element as a leader. No one could keep a group of people on the same page quite like Mike,” Jones said. “I admired Mike for his leadership abilities, but I cherished him as a great friend. … Mike was a true friend to so many and a true friend is never really gone because his spirit will live on in the memories of all of us who loved him for the man he was.”

Jacobs held many leadership roles — president of County Judges Association of Arkansas (CJAA), the West Central Association of Conservation District, the West Central Planning and Development District, the executive board of Counseling Associates, the Western River Valley Regional Solid Waste Management District, and the Johnson County Development Corporation Board.

He accomplished much during his tenure as County Judge, including establishing the 911 system, the Public Defender’s Office, a new jail and road department building, and more. He also championed the establishment of a recycling program and

oversaw the restructuring of the county hospital, according to his obituary. In addition, he served on many local boards in Johnson County and received several recognitions.

“Mike was an incredible leader in Johnson County, the state of Arkansas, and nationwide,” AAC Executive Director Chris Villines said. “His connections through the CJAA, AAC, and National Association of Counties were earned through his disarming and friendly personality and solidified by his traits of intelligence and leadership.”

Perhaps that is why in 2011, Jacobs was one of only six county judges from across the nation to testify before Congress about the importance of the Secure Rural Schools program.

“He was a man of such depth,” Villines said. “He was equally comfortable meeting a farmer about a county road and testifying before a congressional committee. We will all miss our friendships with him, and his voice for county government.”

Jacobs was a 1965 graduate of Clarksville High School and a 1969 graduate of the University of Arkansas, where he was a linebacker for the Razorbacks football team. He began his career in marketing with Exxon Company U.S.A. He also was involved in Jacobs Entertainments (vending), owned and operated the Starlight skating rink, and worked as a cattle farmer and contractor.

“Mike was unparalleled in his leadership skills and belongs in the pantheon of county officials. He was blessed with an abundance of common sense and sound judgment,” said Mark Whitmore, AAC chief legal counsel and liaison to the Judges’ Association. “His personality, like his physical frame, was bigger than life. Mike had a level of determination and an array of skills that led to many accomplishments for the counties and AAC.”

Following his tenure as county judge, Jacobs continued to serve Johnson County as the District 1 Justice of the Peace, a seat he held until his passing.

Board display unveiled in AAC lobby

The AAC Board of Directors received a surprise prior to the start of their Dec. 4 meeting. The AAC staff unveiled a newly installed display featuring photos of the 18 Board members.

The AAC communications staff worked with Dodge Chrome, a Silver Spring, Md., based company over a period of several months to finalize the design. The same company had created in 2017 a similar Past Presidents display for the National Association of Counties (NACo) in Washington, D.C.

In addition to supplying the metal rails and side pieces, Dodge Chrome printed board members’ photos on acrylic panels. The panels slide into the rails.

A Little Rock company, Pinnacle Signs, designed, created and installed the acrylic top panel with the AAC logo and lettering.

The display was covered with a black curtain and then revealed. Board members said they were surprised and grateful for the display, which greets visitors as they enter the AAC’s main lobby.

— Top photo by Sarah Perry; Left photo by Christy L. Smith

Throughout his eight years in office, Hot Spring County Judge Dennis Thornton has been working to restore the courthouse at the heart of his community. He now feels that the courthouse is a place to be proud of for the community.

Eight years in the making

Hot Spring County celebrates completion of courthouse improvement projects

Hot Spring County Judge Dennis Thornton remembers spending summers as a child with his grandparents and every Wednesday, they would drive to Malvern to do their shopping. Thornton and his grandfather, who did not run for government office but was active in local politics, would visit the courthouse and venture into each office.

“It never got old to come to the courthouse. It was always exciting every week,” Thornton said.

Decades later, Thornton is proud that he has had the opportunity to renovate and make improvements to the courthouse.

“It was very exciting to me to be able to restore this build-

ing, and I wish he (his grandfather) was still here to see it,” he said.

The project to restore the almost 90-year-old courthouse began shortly after Thornton took office in 2017. Due to a lack of constant maintenance, the building was in disarray. There was mold and mildew, plaster flaking from the walls, and serious water leaks.

“I knew in order to save the building, we had to get started,” Thornton said. Not only had the look of the building been affected, some areas of the courthouse, such as the basement, had become a health concern.

“People understand that your courthouse is the center of your county, and it should be a place of pride,” he said. “I wanted to restore it not only because we needed to and

AAC FEATURE

PROJECTS

Continued From Page 31

it was the right thing to do, but I also wanted it to be something people are proud of.”

Thornton characterized the project as a doctor trying several options in hopes of diagnosing a patient.

“They say there are 10 different medicines that will correct this problem. You start a process of elimination,” he said.

In hopes of finding the source of several water leaks throughout the building, the membrane roof was replaced, and a total tuck point (when the old mortar is removed from each joint and replaced with new mortar) of the entire structure was completed.

Eventually the source of the leaks was found. The catch pans at the roof level had rusted causing the water to pour down the walls instead of going into the drain spouts. The catch pans and drain spouts were replaced with larger ones to prevent this issue from happening again, he said.

Then, because of raw sewage leaks in the building, the black cast iron pipe was replaced. The freshwater pipes which were severely corroded were replaced as well. When Thornton took office, only one restroom in the entire courthouse had hot water. Now there is hot water in each restroom, and a new breakroom was added.

With the leaks repaired, Thornton said the courthouse was replastered and repainted. New carpet was installed

in the courtrooms and more than 16 layers of wax were stripped from the other flooring.

Another piece of the project was the HVAC systems at the courthouse and other county buildings, which were at the end of their lifespans. Thornton expressed his concern that all the systems could shut down at the same time during a hot summer.

With the replacement of the system, which included the removal of the previous boiler and chiller system in the courthouse, county offices now have their own thermostats allowing each office to control its own environment.

Windows on two floors of the building were restored, including the removal of asbestos caulking. A tinted window also was installed inside the existing windows to assist with energy efficiency.

Other improvements include replacing drop ceiling tiles in the upper floors, adding a drop ceiling in the basement, cleaning the outside of the building and replacing blinds. Throughout the process, the county partnered with an energy savings company, McKinstry. The company completed an audit of the county’s buildings and assisted with finding funding for suggested improvements, including the construction of a five-acre solar array. Revenue generated from the array will cover the cost of electrical bills for

This photo of the Hot Spring County Courthouse was taken prior to the improvements, which included cleaning the exterior of the building.

years to come, Thornton said.

In total, $6 million in restoration work has been completed. The replacement of an outdated heating and air conditioning system was the only project completed without grant funding, he added.

In the beginning of the project, Thornton said he had a grant writing team comprised of 15 retired residents. While they came from a variety of professions, they all had experience in grant writing and wanted to give back to their community. This group met regularly at no cost to the county and researched grant opportunities.

Outside of preservation efforts, the county recently purchased a new security camera and panic button systems. These purchases were fueled by a recent shooting near the courthouse, after which the victim ran into the courthouse, he said.

The county was also experiencing issues with vandalism. Thornton hopes the new camera system will help identify responsible individuals, if another vandalism occurs.

Another improvement was the addition of electric vehicle chargers. Thornton said the chargers generate revenue for the county and were installed through grant funding. He added that the chargers are constantly used and help to bring interstate drivers into his community.

While Thornton feels that the courthouse is now a place where the county employees can be proud to work, he said that the process was not an easy one. Working in a construction zone day in and day out for the past eight years was difficult.

Thornton said he is satisfied with the current condition of the interior portion of the courthouse, but he has a few more projects he would like to complete on the courthouse property, including replacing the sidewalk, which has shifted causing safety concerns. Once the sidewalk is completed, he plans to install metal benches along the walk. The final level of windows and the basement at the ground level also need to be restored, he added.

Thornton also has been in talks with officials from the Arkansas Historic Preservation Program about removing some of the old jail cells on the top floor of the courthouse, which is currently being used to store old records. He expressed that with better use of the space, he hopes to organize these records and create an area where residents can conduct research.

When asked what advice he would give to county judges wanting to restore their courthouses, Thornton encouraged others not only to research grant options, but also to make maintenance a priority.

“We can’t keep pushing something forward. At times, just like with your own home, if you don’t keep constant maintenance, if you’re not careful, it gets to a point where you don’t have the funds to secure your building,” he said. “We’re always frugal with county taxpayers’ money, but sometimes we have to spend money on the front end so that years later it’s not costing us twice what it would have.”

Above Left: The basement before the drop ceiling was added. Above Right: Other projects included replastering and repainting the inside of the courthouse, replacing carpet, and stripping more than 16 layers of wax off other flooring.

AAC FEATURE

Longtime Risk Management director retires

For many the start of a new year brings a fresh start. For one longtime Association of Arkansas Counties (AAC) employee, the new year brought a new chapter of life: retirement.

In April 1988, Debbie Norman started her career at AAC as an administrative assistant. Later in 2001, she would move to the risk management director position.

Norman was introduced to the worker’s compensation field by chance. After working at a credit union for 15 years, starting at the age of 15, Norman wanted to try something different. Thanks to her mother’s friend, she started working on worker’s compensation claims at an insurance company. While later working with Sedgwick, she had AAC as one of her clients, and she began working closely with former AAC Executive Director Brenda Pruitt. Pruitt, who was working as the risk management manager at the time, took a chance on Norman and offered her a job as an administrative assistant.

“I was smart enough to take it,” Norman said. “She gave me that opportunity, and I just started off that way learning from her.”

When Pruitt moved into the AAC executive director role,

Norman was promoted to risk management director, a position she held until her retirement at the end of 2024.

In her more than 35 years working at AAC, Norman has worked with four executive directors.

Former Executive Director and current county liaison Eddie Jones shared some kind words about Norman:

“When I think of Debbie Norman the first word that comes to mind is ‘excellence’; a quality that people really appreciate, because it’s so hard to find. Excellence is the quality of being truly the best at something, and Debbie was just that. She served with excellence as director of risk management and insurance for AAC, a department of AAC that is extremely important to the 75 counties of Arkansas.

Debbie was such a hard worker and passionate about her responsibilities; the type of employee that any employer would be thrilled to have. Debbie’s unwavering dedication and commitment to her work was an inspiration to us all. Her contributions to AAC and the state’s county governments were invaluable.

She has earned this well-deserved retirement. There is a whole new kind of life ahead, full of experiences just waiting to happen. Some call it retirement. I think Debbie is already calling it bliss! Debbie, may your retirement be filled with joy, relaxation, and time to pursue your passions,” he said.

Conway County Judge Jimmy Hart (left) and Clark County Judge Troy Tucker (right) speak to Debbie Norman during her retirement party, held at the AAC office in December.

After working with Jones, Pruitt and David Morris, Norman worked with current AAC Executive Director Chris Villines for almost 15 years.

“We had a special relationship and friendship,” she said.

Villines agreed saying that Norman was a great co-worker and amazing friend.

“Debbie truly cared about our counties and their issues. I will always remember seeing her sincere facial expressions of care when she got a call from one of our counties with a claim. I’ve had to call my personal insurers with claims (now even done online) and never felt the empathy that she had, and it drove her work ethic and insistence on excellence,” he said.

“But more than that, Debbie was an amazing friend who helped dream and plan with me for a better AAC. She gave incredibly good advice and I will always consider her much more than a co-worker. I have already missed her warm smile, sharp wit and friendly dialogue that has shaped the culture of our organization for years to come.”

Norman said she is thankful for the relationships she has been able to build with AAC staff and board of director members, including some she has worked with for more than 20 years.

“It feels like family. I made it a little bit of a struggle to leave,” she said.

Conway County Judge Jimmy Hart has worked alongside Norman since he was elected in 2000.

When asked about his experience working with Norman, Hart had nothing but kind words to say.

Hart called her “an outstanding individual” and “a true friend to county government.”

Norman was proficient at her job and often spent lots of time working long after the office was closed each day, he said.

“She will be missed,” he said.

Polk County Judge Brandon Ellison shared a similar sentiment.

“With the retirement and departure of Debbie Norman, the AAC Risk Management organization will miss her capable leadership. Fortunately, Debbie had a period of time to spend with her successor, Brandy McAllister, to show her some of what she had learned over the years. Debbie learned from the ground up in this business. The organization grew to include all 75 counties, and other entities, during her time here. There is no way to measure how much money she saved Arkansas counties through her diligent efforts. Beyond her professional and competent work, Debbie is down to earth, easily approachable, and just a joy to be around. Personally, I am very happy for her, but I know that I will miss having her as a part of the AAC organization,” he said.

Throughout her three decades of working at AAC, Norman has witnessed plenty of changes and growth at the AAC. One change has been the expansion of staff and the building.

While cleaning out her office, she said she found an old picture of the AAC staff standing on the steps at the front of the building. At the time there were only 13 employees. Now the

association, employs more than 40 people.

“The growth in staff alone has just been incredible,” she said.

During her tenure, adjusters, a legal department and clerical staff all serving the Risk Management Fund have been added to the roster.

When she was hired, the Risk Management Fund was serving about half of the counties. Now all the counties voluntarily participate, and additional benefits have been added to the program.

Along with facing changes within AAC, she also had to go through changes within the industry.

“Every day was a learning experience. I felt like when I came in, there was never a dull moment. I felt like I continued to learn every day,” she said.

Following Norman’s retirement, her director role has been taken on by Brandy McAllister.

Because risk management encapsulates so many aspects and duties, McAllister worked side by side with Norman for a year as a form of training for the role.

Norman, who called her successor eager to learn and smart, said she feels confident about McAllister taking on this new role.

“I know she will do a great job taking care of everything,” she said.

McAllister began working with Norman in 2013, when she stepped in the RMS General Counsel role.

“In our time together, Debbie taught me about the insurance industry and claims handling, as well as the day-to-day business we attend to here. More importantly, she modeled steadiness and gentleness both personally and professionally; always providing a willing ear for the wins and the struggles alike. She is one of the hardest working people I have ever known, always committed to digging in, even on the hardest issues, until the best solution was found. I am honored by the trust she has in me to step into this role, and I will be forever grateful for the gift she gave me in 2024, letting me sit beside her every day asking endless questions, and teaching me all she could,” McAllister said.

She added that Norman has taken to retirement “like a duck to water.”

“Though I miss her terribly, I am filled with gladness for the time she has to focus on her family now,” McAllister said.

Norman and her husband, Larry, have two daughters, Amanda and Stacy, and three grandchildren, Hannah, 23, Bailey, 17, and Ethan, 13.

Norman and her husband are currently planning a bucket list trip to Hawaii later this year.

“Debbie has worked with counties for many years and has earned a great retirement. My hope is that she will have a fantastic journey in this new walk and I look forward to future updates from her on the adventure,” Villines said.

AAC MEET YOUR BOARD MEMBERS

County: Pope

Board Position: Member

Elected Office: Assessor

AAC Board Service: 2017-Present

County Service: 1999-Present

County: Saline

Board Position: Member

Elected Office: Coroner

AAC Board Service: 2017-Present

County Service: 2007-Present

Dana Baker

Where were you born and raised? Atkins

Employment background: I worked seven years in the circuit clerk’s office and seven years in the assessor’s office. I was elected assessor in 2012 and took office in 2013.

What is your No. 1 priority as part of the AAC Board of Directors? My No. 1 priority as part of the AAC Board of Directors is to represent the Assessors Association and every assessor throughout the state of Arkansas with knowledge and understanding. Always working towards the betterment of all positions within our counties and having the citizens needs

Kevin Cleghorn

Where were you born and raised? I grew up in Sheridan and moved to Bryant when I was 9.

Employment background:

I served as a paramedic in Saline County for more than 22 years and retired after 30 years in EMS. I began working as a part-time deputy coroner in 2007, then became chief deputy coroner in 2011. I was elected as coroner in 2014 and took office in 2015.

What is your No. 1 priority as part of the AAC Board of Directors? My No. 1 priority being a part of the board of directors would be to absorb as much information I can glean from other disciplines within county government and apply that education in attempts to improve the Ar-

and desires at heart. Good, clear legislation is so important to our positions in helping to maintain fair and equitable assessments throughout the state.

What have you gained from being active in the Arkansas County Assessor’s Association? I have gained so much knowledge from serving and being active in our Arkansas Assessors Association. There is always so much information to gain when you are actively involved. With other peers facing some of the same issues or situations as you, it is good to be able to hear their solutions and problem-solving skills.

kansas Coroners’ Association and those we serve across Arkansas. There are 74 other coroners across this state that are still struggling with various issues and need a voice at the state level fighting for them. To be that voice is an honor.

What have you gained from being on the Board? Joining the AAC Board of Directors has opened my eyes to the true world around me, not only at the state level but in my own community. Observing the multiple associations and gaining relationships with the elected officials that I serve alongside has brought a respect that I never knew existed. I never expected I would be serving in such a capacity, but am honored to do so and to know there are others such as those that sit on the board alongside me is a comfort that I wish the entire state could experience.

Craighead County JP honored by alma mater

Tnamed Craighead County Justice of Peace Garrett Barnes as one of its four 2024 Emerging Young Alumni. In addition, Barnes has been recognized by the ASU College of Education and Behavioral Science as its 2024 Alumni of the Year.

According to an article printed in the Fall 2024 issue of A-State Alumni Association’s magazine, Voices, this 2024 marked the sixth year of the Emerging Young Alumni program.

“Those selected as Emerging Young Alumni are those who, through personal participation, have made significant contributions to A-State, their profession or their community,” the article stated.

Barnes is a lifelong resident of Craighead County, hailing from Bono. He received a bachelor’s degree in man-

agement in 2010, followed by a master’s degree in education in 2017 and an education specialist degree in 2019. He has worked in public education, teaching at Rivercrest Junior and Senior High Schools and Douglas MacArthur Junior High School. Since 2018 he has served as assistant director of the Northeast Arkansas Career and Technical Center in Jonesboro. In addition, he operates Garrett Barnes Realty.

Barnes was named the 2023 Arkansas Young Democrat of the Year, and he has completed two terms as president of the Jonesboro Faculty and Staff Team, served as worshipful master of Jonesboro Lodge 129, been education chair of the Craighead County NAACP, and is a member of the University Heights Lions Club. He and his wife Maggie reside in Jonesboro with their two sons.

he A-State Alumni Association and Student Philanthropy Council at Arkansas State University (ASU) has

New Workers’ Comp claims adjuster brings more than 30 years of experience

Meet Jennifer Shook, the newest addition to the Association of Arkansas Counties’ Workers’ Compensation division. And with more than 30 years of experience in the field, she easily settled into her new role in January.

Shook joins claims adjusters Kim Nash and Renee Turner. She is a medical only adjuster, meaning she handles workers’ compensation claims in which the injured worker is not losing time from work, only seeking medical treatment, according to Senior Workers’ Compensation Claims Manager Misty Petrus.

Petrus said the volume of workers’ compensation claims had become so large that a third adjuster was needed.

“Adding a third person helped us investigate claims more thoroughly than before. With Jennifer joining our team, we can handle the claims more efficiently and effectively. Together, Renee and Jennifer are dedicating extra time to each claim’s details,” she said. “This teamwork not only improves their skills but also boosts our overall department’s expertise in workers’ compensation. As they learn together, they will become stronger assets to support our counties’ needs.”

Shook’s family is originally from Randolph County but relocated to Little Rock when she was young. Her father, who was in the U.S. Air Force, trained to be a perfusionist at the VA Hospital. Shook is married and has two grown daughters.

Her resume includes 17 years in workers’ compensation and collections at a neurosurgery office and 10 years as a workers’ compensation adjuster for the Arkansas School Board Association. She also has worked at the Arkansas Municipal League and for an orthopedic clinic.

Shook said she might work on 10 to 30 claims a day. That could include taking care of a bill, calling a claimant, calling providers for bills and other small tasks. A more difficult case might take up her entire day.

But she said she doesn’t mind the work.

“I find it interesting,” she said. “I like the investigation part, trying to learn everything you need to know about a claim.”

www.arcounties.org JENNIFER SHOOK

The AAC Workers’ Compensation Trust was established in 1986 and now provides workers’ compensation coverage for all 75 Arkansas counties, as well as other county government entities.

PARALEGAL — Ian Gaebel

Where were you born and raised? Jacksonville, AR (Pulaski County)

Family information: Both of my parents live in Jacksonville. I have one brother that lives on Lake Conway and another brother that lives in Kansas City, Missouri.

My favorite meal: Pizza, because the options are endless.

When I’m not working: I spend time with my girlfriend and our pets. (1 dog, 5 cats, 2 rabbits).

The accomplishment of which I am most proud: Being the first in my family to graduate from college and law school.

At the top of my bucket list is: To spend a week going through the Smithsonian in Washington D.C.

You might be surprised to learn that: I’m a massive WWII history nerd.

My pet peeve is: Highway construction

Motto or favorite quote: “If you ain’t first, you’re last.” – Ricky Bobby

When did you start at the AAC and what projects have you been working on? I started working at the AAC in October 2024. Since then, I have been working closely with our attorneys on automobile tort cases, as well as subrogation, restitution, collections, and EEOC claims.

LAW CLERK — Caroline Cole

Where were you born and raised? I was born in Shreveport, Louisiana, but I grew up in Hot Springs, AR (Garland County).

Family information: My parents live in Hot Springs. My brother lives here in Little Rock, and my sister lives in Washington, D.C.

My favorite meal: The Santa Fe South salad at Zaza’s. It’s the best.

When I’m not working: I am probably studying or playing video games.

The accomplishment of which I am most proud: Before law school, I worked as a business immigration paralegal. In that job, I was able to play a small role in helping people obtain their green card through their employment. It was hard work but very rewarding.

At the top of my bucket list is: Visit all the national parks.

You might be surprised to learn that: I majored in neuroscience in college.

My pet peeve is: Bad drivers

Motto or favorite quote: “It all comes out in the wash.”

Did an aspect of county government “make news” recently in your county? Did any of your county officials or staff get an award, appointment or pat on the back? Please let us know about it for the next edition of County Lines magazine. You can write up a couple of paragraphs about it, or if something ran in your local paper, call and ask them to forward the story to us. We encourage you or your newspaper to attach a good quality photo, too: e-mail csmith@arcounties.org.

Ian Gaebel
Caroline Cole

WHEN DISASTER STRIKES

THE AAC RISK MANAGEMENT TEAM IS THERE FOR YOU!

Just ask Garland County Judge Darryl Mahoney. When his county’s property was damaged by hail and fire, he relied on the Risk Management experts at the AAC to help.

“AAC RMF has never hesitated to engage in any claim we have turned over. They are always professional and looking out for Garland County’s best interest. We have had major claims on Easter and Christmas Eve, and the staff has always immediately responded to my registration of a claim, up to and including on Christmas Eve. They have also been amazing to allow us to have latitude to work through issues, prior to registering a claim, to reduce the extent of damage.

From offering suggestions about how to move forward with claims to approving work we started prior to having a good claim, AAC RMF has been the best team of insurance providers that I have ever worked with.”

• General Liability

• Auto Protection

• Property Protection

• Justice Bridge

• Ordinance Codification

• CDL Drug Testing

• Guardian Inmate tracking system

CIRCUIT CLERKS

The Arkansas Circuit Clerks Association met March 12-14 in Pulaski County after having to reschedule their meeting for winter weather.

Right: Pulaski County/ Circuit Clerk Terri Hollingsworth presents Lee County Clerk Millie Hill with a door prize at the close of the meeting.

Far Right: Washington County Circuit Clerk Kyle Sylvester updates the group about proposed legislation.

Above Left: Poinsett County Circuit Clerk Misty Russell leads a roundtable discussion. Looking on is Association President and Baxter County/Circuit Clerk Canda Reese. Above Right: Pulaski County Assistant Chief Deputy Clerk Debrah Mitchell talks with AAC Governmental Affairs Director Josh Curtis about legislation during a break.
Above Left: The circuit clerks gather for a photo at the front of the Arkansas State Capitol. Above Right: Cleburne County Circuit Clerk Heather Smith responds to a question made during a roundtable discussion.

AAC PHOTO RECAP ASSESSORS

The Arkansas County Assessor’s Association Spring Meeting was held March 4-6 in Pulaski County.

Right: Meeting attendees take a group photo while sporting association scarves.

Far Right: Arkansas County Assessor’s Association President Russell Hill is all smiles as he kicks off the meeting in Pulaski County.

Above: From left, Randolph County Assessor Krissy Massey, Randolph County Chief Deputy Assessor Michele Thielemier, Columbia County Assessor Shannon Hair and Columbia County Chief Deputy Assessor Lauren Dennis pose for a picture while sitting in the House of Representatives gallery.
Above: Clark County Assessor Mona Vance, left, and Fulton County Assessor Cari Long talk with Alan King after his presentation about improvement districts.
Far Left: Jefferson County Assessor Gloria Tillman looks at a handout while visiting with Ouachita County Assessor Tonya McKenzie.
Left: Mississippi County Assessor Brannah Bibbs asks a question during a presentation.

JUDGES

The County Judges Association of Arkansas gathered Feb. 26-28 in Pulaski County.

Far Left: Independence County Judge Kevin Jeffery, left, chats with Faulkner County Judge Allen Dodson. Left: Nevada County Judge Mike Otwell asks a question during a breakout session .

Above Left: AAC Legal Counsel Taylor Handford leads a presentation about district courts. Looking on is Greene County Judge and CJAA President Rusty McMillon. Above Right: Craighead County Judge Marvin Day, left, speaks with newly appointed ArDOT Director Jared Wiley, who spoke to the group.
Above Left: The county judges’ wives are all smiles while posing for a picture. Above Right: Stone County Judge Stacey Avey speaks about his county during a county spotlight portion of the meeting. CJAA President Rusty McMillon told his fellow judges that the county spotlight was an opportunity for them to learn more about other counties.

AAC PHOTO RECAP COUNTY CLERKS

The Arkansas Association of County Clerks met in Pulaski County Feb. 12-14.

Above: Hot Spring County Clerk Patty Griggs speaks with newly appointed Secretary of State Cole Jester.
Above: Pulaski County Chief Administrator Keith Rancifer, Benton County Chief Deputy Tiffany Underwood, Benton County Clerk Betsy Harrell and Pulaski County/Circuit Clerk Terri Hollingsworth have a discussion during a breakout session.
Far Left: Patrick Robinson, County Clerk Paula Brown and Linda Skyes of Crittenden County visit with Rep. Jessie McGruder during a luncheon at the AAC.
Left: Sharp County Clerk Alisa Black poses a question.
Above left: Sherry Logan, who was recently appointed to serve as county clerk in Cleburne County, asks a question during a breakout session. Above Right: A group of county clerks pose for a picture on the Arkansas Senate floor.

TREASURERS

The Arkansas Treasurers’ Association held its Winter 2025 meeting Feb. 5-7 in Pulaski County.

Members of the Arkansas Treasurers’ Association pose for a photo in front of the state Capitol prior to embarking on a tour that took them to the Land Commissioner’s office and the state Treasurer’s office.

Far Left: Saline County

Treasurer Holly Payne tells her fellow treasurers what they can expect during their summer meeting, which will be held in Benton/Saline County. Left: Boone County Treasurer Sandy Carter and Lawrence County Treasurer Connie Mullen visit with Rep. Ron McNair, whose District 5 includes Boone County.

Far Left: Craighead County Treasurer Terry McNatt poses for a photo with Reps. Jon Milligan and Dwight Tosh during a legislative luncheon. Left: Yell County Treasurer Debra Craig, Polk County Treasurer Tanya Fretz, and Polk County Chief Deputy Treasurer Lyndsay Ward visit the vault in the state Treasurers’ office. They were holding $600,000.

AAC PHOTO RECAP SHERIFFS

The Arkansas Sheriffs Association hosted its Winter Conference Jan. 26-29 in Pulaski County.

Above:Arkansas Sheriffs Association Executive Director Scott Bradley and AAC Chief Legal Counsel Mark Whitmore give sheriffs an update about the 95th General Assembly.

: The Arkansas Sheriffs Association Executive Board listens as Gov. Sarah Sanders serves as keynote speaker during a luncheon on the first full day of the conference.

Far Left: Little River County Sheriff Bobby Walraven asks a question during a discussion about the Prison Rape Elimination Act. Left: Jackson County Sheriff Russell Brinsfield visits with Arkansas State Police Lt. Colonel Jason Aaron between sessions.

Above
Above: The Arkansas Sheriffs’ Wives Association showcase trucker hats they made. Right: After losing a bet to ASA Executive Director Scott Bradley, ASA President Shane Jones, who is a Tennessee Vols fan, led the group in calling the Hogs.

NEWLY ELECTED JP TRAINING

A training for newly elected justices of the peace was hosted by the AAC on Dec. 13.

Right: AAC Legal Counsel Lindsey French leads a discussion about Freedom of Information Act Requests. Far Right: Faulkner County JP Joyia Yorgey poses a question.

Above Left: More than 100 new justices of the peace attended a training at the AAC office. Above

Right: Jefferson County JP Jimmy Fisher Sr. looks a handout pertaining to Robert’s Rules of Order motions. Far Left: Marion County JP Sandra Lee listens to a presentation. Left: Jackson County Justice of the Peace and President of the Arkansas Association of Quorum Courts is all smiles while welcoming new justices to the daylong training.

COLLECTORS

The Arkansas County Tax Collectors Association gathered Dec. 4-6 in Pulaski County.

Above Left : During a discussion about counterfeit currency, Crittenden County Collector Ellen Foote, left, looks through a pamplet as Deputy Collector Tawanna Brown examines a $20 bill. Above Right: Boone County Collector Amy Jenkins gives information about the officers election that was held on the final day of the meeting.

Right : Dr. Rickey Casey of Johnson County speaks about leadership. Far Right: Greene County Collector Cindy Tracer, is dressed as “Grandma Got Run Over by a Reindeer” for the Christmas-themed meeting. Also pictured is Pulaski County Treasurer/Collector Debra Buckner.

Far Left: Jason Lawrence, Commission on Law Enforcement Standards and Training deputy director, addresses the group during a presentation about active shooter situations. Left: Pike County Deputy Collector Kim Evans, far left, Cleburne County Collector Connie Caldwell, Pope County Collector Jennifer Haley, Little River Deputy Collector Elizabeth Johnson and Little River Chief Deputy Collector Mary Baker pose for a picture after touring the Arkansas State Capitol, which was decorated for Christmas.

AAC WORKERS’ COMPENSATION TRUST

When you participate in the AAC Workers’ Compensation Trust, you can relax in the hands of professional staff members who are going to take care of your needs. The AAC team has decades of experience in handling county government claims –they’re simply the best at what they do!

Did we mention that participants in our plan are accustomed to getting money back? Since we started paying dividends in 1997, the AAC Workers’ Compensation Trust has declared more than $32 MILLION dollars in dividends, payable to members of the fund. In fact, we mailed $550,000 in savings back to member counties in July 2024. The service is available for any size county government and other county government-related entities.

We’ve got you covered.

DID YOU KNOW?

We offer a Volunteer Firefighters Supplemental Income Protection Plan that provides additional protection for loss of income above the $20 per week Temporary Total Disability (TTD) offers!

COVERAGE INCLUDES

• Weekly temporary total disability benefits up to the maximum allowed

• Weekly benefits for 52 weeks or the period the firefighter is eligible to receive TTD benefits

• $10,000 death benefit to eligible

The rural volunteer fire department must be covered by a county participating in AAC Workers’ Comp Trust.

Cost is $20 per firefighter; with a minimum annual premium of $240 regardless of number of firefighters.

www.naco.org

About NACo – The Voice of America’s Counties

National Association of Counties (NACo) is the only national organization that represents county governments in the U.S. NACo provides essential services to the nation’s 3,068 counties. NACo advances issues with a unified voice before the federal government, improves the public’s understanding of county government, assists counties in finding and sharing innovative solutions through education and research and provides value-added services to save counties and taxpayers money.

NACo sends letter to congressional leadership urging SALT deduction reform

On Feb. 11, NACo, along with our partners from the International City/County Management Association, the National League of Cities, and the United States Conference of Mayors, sent a letter to the U.S. Congress urging state and local tax (SALT) deduction relief. The letter urges Congress to raise the cap on the SALT Deduction, to provide relief to American families facing double taxation and reverse an unfair double standard.

What is the State and Local Tax deduction?

The SALT deduction allows taxpayers to deduct state and local taxes from federal taxes, promoting the intergovernmental balance of taxation. Since the first Federal Income Tax Form in 1913, SALT has been a founding principle to Federalism and intergovernmental roles. The 2017 Tax Cuts

and Jobs Act (P.L. 115-97) capped the State and Local Tax (SALT) deduction at $10,000, ending the full deductibility of state and local taxes from federal taxes. Counties opposed this portion of the tax reform law and urge Congress to reform the SALT deduction.

As Congress looks to a new tax package, counties believe that relief from the SALT deduction cap will not only provide immediate relief to taxpayers but also enhance the ability of states and local governments to invest in our communities.

This publication was made possible with the support of these advertising partners who have helped to underwrite the cost of County Lines. They deserve your consideration and patronage when making your purchasing decisions. For more information on how to partner with County Lines, please call Christy L. Smith at (501) 372-7550.

Strong communities are built together.

We know what it takes to make better counties – strong infrastr ucture, inclusive experiences, happy families. For over 45 years, Crews & Associates has offer ed financing solutions to help build brighter futures all across Arkansas. Want to build something great? We’re ready when you are.

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.
Winter 2025 County Lines by associationofarkansascounties - Issuu