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Committee advances bill sending facial constitutional challenges to Court of Appeals; judges warn of logistical and fiscal impacts
Summary
House Bill 1832 would move initial jurisdiction for facial constitutional challenges to the Arkansas Court of Appeals. Supporters say it reduces forum-shopping; Court of Appeals officials warned of possible caseload, evidence-taking and reporter costs.
The Senate Judiciary Committee approved House Bill 1832, which would transfer initial jurisdiction for facial constitutional challenges to the Arkansas Court of Appeals rather than circuit courts.
Representative Matthew Shepherd, the bill's presenter, said the change is narrow and limited to "facial" challenges — cases that seek to invalidate a law in all its applications. He told the committee, "This bill is only covering challenges in which a claimant is seeking to invalidate an act or rule, of the general assembly." Shepherd said the intent was to have…
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