Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Criminal Justice Process topic
No spam. Unsubscribe anytime.
Committee approves bill letting sheriffs bill for each attempt to serve legal papers; witnesses say documentation must support attempts
Summary
A bill from the sheriffs' association that would allow sheriffs to charge for each attempted service of process was presented and passed; the association said the change would not raise base fees but would let sheriffs recoup costs for multiple attempts, and witnesses emphasized documentation that would stand up in court.
Senator Gilmore, presenting House Bill 1872 on behalf of the sheriff's association, told the committee the measure would not increase established fees but would allow law-enforcement officers to be paid for each attempt to serve legal papers when multiple attempts are required.
Gilmore said attempts can require additional fuel and manpower when deputies try three, four or five times to serve a person. Senator Brian asked what qualifies as an "attempt to serve," pressing on how agencies would document an attempt and guard against claims that a deputy recorded an attempt when one was not made. Gilmore and witnesses said attempts must be documented in a manner that could "stand up in court." Scott Bradley, director of the Arkansas Sheriffs Association, said sheriffs are not asking for a fee increase but for a mechanism to recoup expenses to keep up with inflation.
Committee members asked practical questions about how the process would operate for requesters who prepay service fees and whether repeated attempts would result in repeat charges. Witnesses suggested a fillable form or dated logs for each attempt so private parties and courts could reconcile attempts and fees. No one in the audience registered opposition at the committee.
The committee moved and passed the bill by voice vote.
