Arkansas Law Overview
Arkansas's legal system reflects its Southern heritage and conservative political traditions. The state constitution, adopted in 1874, has been amended numerous times but retains many original features. Arkansas is known for its historically landlord-friendly tenant laws and was one of the last states to adopt a comprehensive medical marijuana program.
The state has a unique criminal justice system that includes the distinction of still allowing criminal penalties for failure to pay rent. Arkansas has been modernizing its legal framework in recent years, including updates to its business laws and adoption of a medical marijuana constitutional amendment in 2016.
ArkansasGovernment & Politics
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Main article: Politics and government of Arkansas
As with the federal government of the United States, political power in Arkansas is divided into three branches: executive, legislative, and judicial. Each officer's term is four years long. Office holders are term-limited to two full terms plus any partial terms before the first full term.[132]
Executive
Main article: Governor of Arkansas
See also: List of governors of Arkansas and Arkansas Cabinet
The governor of Arkansas is Sarah Huckabee Sanders. Sanders is a Republican and was inaugurated on January 10, 2023.[133][134] The six other elected executive positions in Arkansas are lieutenant governor, secretary of state, attorney general, treasurer, auditor, and land commissioner.[135] The governor also appoints the leaders of various state boards, committees, and departments. Arkansas governors served two-year terms until a referendum lengthened the term to four years, effective with the 1986 election. Individuals elected to these offices are limited to a lifetime total of two four-year terms per office.
In Arkansas, the lieutenant governor is elected separately from the governor and thus can be from a different political party.[136]
Legislative
Main article: Arkansas General Assembly
The Arkansas General Assembly is the state's bicameral bodies of legislators, composed of the Senate and House of Representatives. The Senate contains 35 members from districts of approximately equal population. These districts are redrawn decennially with each US census, and in election years ending in "2", the entire body is put up for reelection. Following the election, half of the seats are designated as two-year seats and are up for reelection again in two years, these "half-terms" do not count against a legislator's term limits. The remaining half serve a full four-year term. This staggers elections such that half the body is up for reelection every two years and allows for complete body turnover following redistricting.[137] Arkansas House members can serve a maximum of three two-year terms. House districts are redistricted by the Arkansas Board of Apportionment.
In the 2012 elections, Arkansas voters elected a 21–14 Republican majority in the Senate and the Republicans gained a 51–49 majority in the House of Representatives.[138] The 2012 elections established a Republican dominance in both bodies of legislature.
The Republican Party's majority status in the Arkansas State House of Representatives after the 2012 elections, is the party's first since 1874. Arkansas was the last state of the old Confederacy to not have Republican control of either chamber of its house since the American Civil War.[139]
Following the term limits changes, studies have shown that lobbyists have become less influential in state politics. Legislative staff, not subject to term limits, have acquired additional power and influence due to the high rate of elected official turnover.[132]
Judicial
Main article: Courts of Arkansas
Arkansas's judicial branch has five court systems: Arkansas Supreme Court, Arkansas Court of Appeals, Circuit Courts, District Courts and City Courts.
Most cases begin in district court, which is subdivided into state district court and local district court. State district courts exercise district-wide jurisdiction over the districts created by the General Assembly, and local district courts are presided over by part-time judges who may privately practice law. 25 state district court judges preside over 15 districts, with more districts created in 2013 and 2017. There are 28 judicial circuits of Circuit Court, with each contains five subdivisions: criminal, civil, probate, domestic relations, and juvenile court. The jurisdiction of the Arkansas Court of Appeals is determined by the Arkansas Supreme Court, and there is no right of appeal from the Court of Appeals to the high court. The Arkansas Supreme Court can review Court of Appeals cases upon application by either a party to the litigation, upon request by the Court of Appeals, or if the Arkansas Supreme Court feels the case should have been initially assigned to it. The twelve judges of the Arkansas Court of Appeals are elected from judicial districts to renewable six-year terms.
The Arkansas Supreme Court is the court of last resort in the state, composed of seven justices elected to eight-year terms. Established by the Arkansas Constitution in 1836, the court's decisions can be appealed to only the Supreme Court of the United States.
Sourced from Wikipedia (CC-BY-SA 3.0).
Arkansas
Arkansas state laws, regulations, court decisions, and active legislation
Arkansas Court Structure
Arkansas's court system includes district courts (replacing the former municipal and justice of the peace courts), circuit courts as the general trial courts, the Court of Appeals, and the Supreme Court of Arkansas. The state uses a nonpartisan judicial election system for appellate courts and circuit courts.
Supreme Court of Arkansas
Dan Kemp
250 total judges
- Court of Appeals
- Circuit Court
- District Court
- Drug Court
- Juvenile Division
- Probate Division
Arkansas consolidated its trial courts in 2001, merging chancery, probate, and circuit courts into a unified Circuit Court system with specialized divisions.
Notable Arkansas Legal Distinctions
- •Arkansas is one of the few states that allows criminal penalties for failure to pay rent
- •The state has a unique 'right to hunt and fish' constitutional amendment
- •Arkansas prohibits any tax increase without a three-fourths supermajority legislative vote
- •The state's medical marijuana program was enacted by constitutional amendment, making it harder to modify
Arkansas Legal Landscape
Arkansas operates with a conservative legal framework emphasizing property rights and limited government regulation. The state has minimal tenant protections, a right-to-work environment, and relatively strict drug laws despite the medical marijuana program. The state's legal system is slowly modernizing but retains many traditional features.
Official Arkansas Resources
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Key Arkansas Laws (27)
Driving While Intoxicated
Arkansas prohibits driving with a BAC of 0.08% or higher, or while intoxicated by drugs. First offenses bring 24 hours to one year jail (often replaced with public service), $150-$1,000 fines, and six-month license suspension. Fourth offenses become felonies.
Permitless Carry of Concealed Handguns
Arkansas allows permitless concealed carry for those 18+. No assault weapon bans, magazine limits, or waiting periods. Strong Castle Doctrine and Stand Your Ground protections. Local gun laws are preempted. Optional carry licenses are available for interstate reciprocity.
Arkansas Medical Marijuana Amendment (Issue 6)
Arkansas has a medical marijuana program allowing patients with qualifying conditions to purchase up to 2.5 ounces per 14 days. Home cultivation is banned. A 2022 recreational legalization ballot measure was rejected by voters. Employers may still enforce drug-free workplace rules.
Security Deposits – Residential Tenancies
Arkansas limits security deposits to two months' rent with a 60-day return deadline. The state is notable for allowing criminal penalties for failure to pay rent — one of few states to do so. No rent control or just cause eviction. Very landlord-friendly overall.
At-Will Employment and Minimum Wage
Arkansas is an at-will, right-to-work state with an $11.00/hour minimum wage (since 2021). No mandated paid sick leave or family leave. Employment discrimination protections apply to employers with 9+ employees.
Deceptive Trade Practices Act
Arkansas's Deceptive Trade Practices Act bans false advertising, bait-and-switch, and deceptive debt collection. Consumers can sue for actual damages or $200 minimum per violation, with possible treble damages for willful conduct. The AG can impose $10,000 civil penalties per violation.
Child Custody – Best Interest Standard
Arkansas courts use the best interest standard for child custody with a presumption favoring joint custody. A relocating parent must give 60 days' notice if moving 100+ miles. Grandparent visitation is available when a significant relationship exists and it serves the child's interest.
Criminal Sentencing – Felony Classifications
Arkansas felonies range from Class Y (10-40 years/life) to Class D (up to 6 years). Parole eligibility begins at one-third of the sentence, or 70% for violent/sexual offenses. The death penalty remains on the books for capital murder. Habitual offender laws enhance sentences for repeat offenders.
Grounds for Divorce
Arkansas allows divorce on no-fault grounds (general indignities or 18 months separation) and fault grounds (adultery, felony conviction, drunkenness, cruelty). At least one spouse must be an Arkansas resident for 60 days before filing. Property is divided equitably.
Assault in the Third Degree
Third-degree assault in Arkansas covers purposely creating fear of imminent injury. It is a Class C misdemeanor with up to 30 days jail and $500 fines. Common in domestic disputes and minor altercations. Restraining orders often accompany charges.
Battery in the Third Degree
Third-degree battery in Arkansas covers purposely or recklessly causing injury, or drugging someone without consent. It is a Class A misdemeanor with up to one year jail and $2,500 fines. Higher degrees apply for serious injuries or weapons. Restitution is common.
Possession of a Controlled Substance
Possessing controlled substances in Arkansas brings penalties scaled by drug schedule and quantity. Less than 2 grams of cocaine, meth, or heroin is a Class D felony with up to 6 years prison and $10,000 fines. Marijuana under 4 oz is a misdemeanor first offense. Drug court diversion is available.
Theft of Property
Arkansas theft penalties scale with value: under $1,000 is a Class A misdemeanor; $1,000-$5,000 is a Class D felony; $5,000-$25,000 is a Class C felony; over $25,000 is Class B. Firearms theft is always Class B; livestock theft is Class C. Restitution is mandatory.
Child Custody and Best Interests
Arkansas presumes joint custody is in the child's best interests, rebuttable by evidence. Courts consider parent fitness, stability, the child's preferences, and any domestic violence history. Material change is required for modification. Domestic violence creates a presumption against the abuser.
Child Support Guidelines
Arkansas switched to an income shares model in 2020 under Administrative Order No. 10. Combined parental income determines a basic obligation, then each parent pays a proportional share with adjustments. Support continues until age 18 or high school graduation, no later than 19.
Minimum Wage
Arkansas's minimum wage is $11.00/hour as of 2021, set by voter initiative. It applies to employers with 4+ employees. Tipped wage is $2.63 if tips bring total to $11.00. No state daily overtime rule; federal weekly overtime over 40 hours applies.
At-Will Employment with Public Policy Exception
Arkansas is an at-will state with a public policy exception for terminations that violate clear public policy, such as firing for refusing illegal acts or filing workers' comp claims. Discrimination based on race, sex, religion, age, and disability is prohibited.
Wage Payment and Final Wages
Arkansas does not mandate paid sick, vacation, or family leave for private employers. Employees must be paid at least semi-monthly, with final wages due within 7 days of discharge. Federal FMLA provides 12 weeks of unpaid leave at large employers.
Security Deposits
Arkansas caps security deposits at two months' rent only for landlords with six or more units. Landlords have 60 days after move-out to return the deposit or send an itemized statement. Wrongful withholding can mean double damages, but only if a forwarding address was provided.
Termination for Nonpayment of Rent and Eviction
Arkansas requires a 3-day written notice for nonpayment, then unlawful detainer in circuit court with 5 days for the tenant to respond. Arkansas is uniquely the only state with a criminal failure-to-vacate statute, though it has faced constitutional challenges.
LLC Formation
Arkansas LLCs file a certificate of organization with the Secretary of State for $45-$50. The name must include 'LLC' and a registered agent must be designated. Annual franchise tax report ($150 minimum) is due by May 1. An operating agreement is recommended but not filed.
Deceptive Trade Practices Act
Arkansas's DTPA bans deceptive consumer practices including misrepresentation, unconscionable acts, and concealment of material facts. The AG can seek $10,000 civil penalties per violation. Consumers can recover actual losses plus attorney fees. Class actions are sometimes allowed.
New Motor Vehicle Quality Assurance Act (Lemon Law)
Arkansas's Lemon Law covers new vehicles for 24 months or 24,000 miles. A vehicle is presumed a lemon after three failed repair attempts (or one for safety defects), or 30 days out of service. Consumers can demand replacement or refund. Manufacturer dispute resolution may be required first.
Intestate Succession
Arkansas retains historical dower and curtesy concepts in intestacy. With descendants, the spouse takes a one-third life estate (after 3+ years of marriage) and descendants take the remainder. Without descendants, the spouse may take everything if the marriage lasted 3+ years.
Execution of Wills
Arkansas wills must be written, signed by the testator (age 18+, sound mind), and witnessed by two people. Holographic wills entirely in the testator's handwriting are valid without witnesses. A self-proving notarized affidavit speeds probate.
Maximum Speed Limits
Arkansas default speed limits are 25 mph residential, 30 mph urban, 55 mph rural, and 75 mph rural interstates (70 for trucks). School zones are 15-25 mph. Driving 15+ mph over may be careless driving; willful excess speed can be reckless driving.
Small Claims Jurisdiction
Arkansas small claims handles disputes up to $5,000 in district court. Attorneys are not allowed; corporations may appear through officers. Hearings are informal. Either party can appeal de novo to circuit court within 30 days.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.