FAYETTEVILLE -- The Arkansas Supreme Court on Thursday threw out a local order prohibiting the Washington County Circuit Clerk's office from accepting guardianship or estate filings from individuals wishing to represent themselves.
Justices said local rules by judges are no longer allowed.
"It has recently come to this court's attention that, via an order entered on January 28, 2015, five judges that hear cases in the Washington County Circuit Court ordered that the county clerk return, unfiled, any and all pleadings and/or motions submitted in guardianship and estate matters by persons other than attorneys duly licensed to practice law in this state," justices said. "The order was apparently issued by the judges due to concern that, given the nature of guardianship and estate proceedings, any persons other than licensed attorneys who filed pro se pleadings or motions in those cases would be engaging in the unauthorized practice of law."
Justices said, while they appreciated the judge's concerns, the order wasn't proper and shouldn't have been taken without Arkansas Supreme Court approval.
Justices said they abolished in 1983 the set of rules of civil procedure allowing courts to make local rules. Since then, under Amendment 80 to the state constitution, the Arkansas Supreme Court has exercised general control over all courts in the state as well as making rules for pleading, practice and procedure, according to the order.
"Under the authority granted to us by Amendment 80, we hereby set aside the order prohibiting the county clerk from accepting pro se filings in guardianship and estate proceedings in the Washington County Circuit Court," justices wrote. "Anyone wishing to address the issue of pro se filings in estate and guardianship cases is invited to propose a change to our rules using the proper procedures."
NW News on 11/06/2015