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Arkansas House committee lawmaker withdraws bill to let JPs serve as police officers

2350229 ยท February 19, 2025
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Summary

Representative Steinle withdrew House Bill 1212 from the City, County & Local Affairs Committee after consultation with the Attorney General's Office found the measure likely conflicts with the state constitution and would require a constitutional amendment to proceed.

At a meeting of the City, County & Local Affairs Committee โ€” House, Representative Steinle withdrew House Bill 1212, a proposal that would have allowed justices of the peace (JPs) to serve as qualified law enforcement officers outside their district, after the Attorney General's Office flagged a likely constitutional conflict.

Steinle told the committee the bill was intended to help rural counties fill law enforcement vacancies. "Qualified law enforcement officers are tough to find and fill the needs of rural counties and communities," he said. He added the measure as drafted would likely conflict with constitutional language that limits holding a civil office, and he said his office consulted Mark Whitmore and the attorney general's staff before deciding to withdraw the bill.

Committee members asked questions about the source of the constitutional concern and next steps. Representative Richardson asked, "Why is it unconstitutional?" In response, Steinle said, "Because there's some language in there where they're not allowed to hold a civil office based on their, the term limits that, they're that they run." He told the committee the Attorney General's Office advised there would likely be a conflict and that resolving it would require a constitutional amendment.

Representative Holcomb asked Steinle what prompted the proposal; Steinle described a constituent JP, a long-serving former sheriff from Fulton County who wanted to continue serving as a police officer outside his JP district. Steinle said the JP was about 76 years old and sought to work for a department in Salem, Arkansas. Steinle said he and others pursued drafting a workaround but concluded it "didn't pan out." He said, "It's gonna require a constitutional amendment."

Other committee members voiced support for continuing to study the issue. Representative Schultz, who said he formerly served as a JP, noted lingering ambiguity in JP duties and urged further work to address outdated language in law.

With no further questions, the committee chair permitted Steinle to withdraw the bill. Steinle closed by saying he will continue to explore options, including placing a constitutional amendment on the ballot in the future.