Press Releases

Question 1a: Does the provision of A.C.A. § 16-23-102(c)(1), which provides the county law library board custody and care over the county law library’s property, constitute a violation of Amendment 55, § 3?

Question 1b: Is it in conflict with A.C.A. §§ 14-14-1101(a)(5) and 14-14-1102(b)(3)?

Question 1c: Does the county judge have custody and care over county law library property by virtue of Amendment 55 and its implementing legislation?

Question 1d: Or does Act 284 of 1971, adopted before Amendment 55 and A.C.A. §§ 14-14-1101 and 14-14-1102, continue to survive and operate to deny the county judge the authorities vested under the Arkansas Constitution under Amendment 55?

Brief Response: The provision of A.C.A. § 16-23-102(c)(1) that gives the county law library board “custody and care of county law library’s property” does not violate Amendment 55, § 3 of the Arkansas Constitution or A.C.A. §§ 14-14-1101(a)(5) and 14-14-1102(b)(3) because the county law library’s property is not the property of the county. Accordingly, the county judge does not have custody and care of county law library property by virtue of Amendment 55 and its implementing legislation. In addition, A.C.A. § 16-23-102 was not repealed by implication and remains in effect.

2a: Does the provision of A.C.A. § 16-23-102(c)(3), which provides the board the capacity to dispose of personal property of the county law library, constitute a violation of Amendment 55, § 3?

2b: Is it in conflict with A.C.A. §§ 14-14-1101(a)(5), 14-14-1102(b)(3), and 14-16-106?

2c: Does the county judge have custody and care over county library property, including sale and disposal of county law library surplus property, by virtue of Amendment 55 and its implementing legislation?

2d: Or does Act 43 of 2013 defeat and operate to deny the county judge the authorities vested under the Arkansas Constitution under Amendment 55?

Brief Response: The provision of A.C.A. § 16-23-102(c)(3) that allows the board to “dispose of the personal property of the county law library” does not violate Amendment 55, § 3 or A.C.A. §§ 14-14-1101(a)(5), 14-14-1102(b)(3), and 14-16-106 because the county law library’s property is not the property of the county. Accordingly, the county judge does not have custody and care of county law library property, including authority over the sale or disposal of surplus county law library property. Act 43 of 2013 reinforces this conclusion.

Question 3a: Does the provision of A.C.A. § 16-23-102(c)(1), which provides that the board shall direct the expenditure of funds derived for county law library purposes under this chapter, constitute a violation of Section 3 of Amendment 55 of the Arkansas Constitution?

Question 3b: Is it in conflict with A.C.A. §§ 14-22-112, 14-20-104, and 14-20-106?

Question 3c: Are the expenditures of the law library subject to the appropriation of the quorum court?

Question 3d: Are the expenditures of the law library required to be budgeted, appropriated, and paid in accordance with the county claims process, pursuant to A.C.A. § 14-23-101, et seq.?

Question 3e: May the county treasurer disburse county funds from the county general fund or any funds from the county law library in the hands of the county treasurer without an approved claim?

Brief Response: The provision of A.C.A. § 16-23-102(c)(1), which provides that “[t]he board shall direct the expenditure of funds derived for county law library purposes … and any other funds received by the county, or the board, for the use of the county law library[,]” does not violate Amendment 55, § 3 or conflict with A.C.A. §§ 14-22-112, 14-20-104, and 14-20-106. Accordingly, the expenditures of law library funds in the hands of the county law library board are not subject to appropriation of the quorum court and are not required to be budgeted, appropriated, and paid in accordance with the county claims process. The county treasurer, however, must always follow the county claims process. But the county treasurer cannot disburse funds from the county law library fund unless that claim has also been approved by the county law library board.

Question 3f: May the law library board enter into contracts without the approval of the county judge? May the county judge refuse to approve contracts, and if so, on what bases?

Brief Response: Under A.C.A. § 16-23-102(d)(1), the law library board may not enter into contracts without the approval of the county court. The county court may disapprove contracts if it finds that the board has acted outside of its authority.

Question 4a: Is the county law library board constituted under A.C.A. § 16-23-102 vested with authority to own, hold title to, and sell the real property where the law library is located?

Question 4b: Or is the county, through the county judge, vested with the authority to own, hold title to, and sell the real property where the library is located?

Brief Response: As discussed in the opinion, a reviewing court would likely find that neither the county law library board nor the county law library is vested with authority to own, hold title to, or sell real property. Accordingly, I cannot definitively conclude that the county law library board or the county law library possesses such authority or owns the real property on which the law library is located. Instead, Garland County likely owns the real property on which the law library is located.

Question 4c: In the event of such a sale, would the county, through the county judge, have custody, control, and authority over any net sale proceeds?

Question 4d: What are the permitted uses of such sale proceeds?

Brief Response: Because your questions do not indicate how the real property at issue was purchased or obtained, I am unable to provide definitive opinions in response to Questions 4c and 4d. The answer likely depends on the source of the funds used to acquire the property. If the property was purchased solely with funds dedicated to county law library purposes, then any sale proceeds would likewise be restricted to county law library purposes, and the board would have authority over those proceeds.

Question 5: Once created, is there any authority to dissolve or otherwise terminate a law library? If so, what is the process?

Brief Response: Yes. Whatever a county government “may do by a majority vote, it may undo by a majority vote.” Here, creating a county law library is permissive: “[a]ny county of this state is authorized to own, operate, and maintain a county law library[.]” Accordingly, the same process the county used to create the law library may be employed to dissolve it.

Question 6: May a law library board use its funds to pay for legal representation?

Question 7: Does a law library board constitute a body corporate and politic with all the attendant authority, including the authority to sue and be sued?

Brief Response: As to disputes with the county court, county judge, or quorum court, a reviewing court could conclude that the board has limited implied authority to seek judicial relief and obtain legal representation when necessary to protect its statutory powers and responsibilities. As to third parties, a reviewing court would likely find that the board is not a body corporate and politic and does not possess general authority to sue, be sued, or expend funds on legal representation in disputes with third parties.