Another judge strikes down Arkansas criminal eviction law | Arkansas Blog

Wednesday, April 15, 2015

Another judge strikes down Arkansas criminal eviction law

Posted By on Wed, Apr 15, 2015 at 6:25 AM


Woodruff Circuit Judge Richard Proctor
has ruled from the bench in a case in Augusta that the state's criminal eviction law is unconstitutional. He'll be preparing an order to that effect.

The case was typical. The defendant allegedly failed to pay rent, was served a 10-day notice to vacate and did not. He was charged under the criminal eviction statute, convicted in district court of a misdemeanor and sentenced to a fine of $4,175 and $3,448 in restitution and a 30-day jail sentence, suspended on the ground that he vacate the property. He appealed to circuit court.

Pulaski Circuit Judge Herb Wright ruled similarly in January. There are a host of issues with the speedy criminal eviction procedure — lack of due process, cruel and unusual punishment and the prohibition against debtor's prison.

Some unscrupulous landlords love it, though. Efforts to amend the state's landlord tenant law with a long-discussed mild revision acceptable to many legitimate landlords failed in the recent legislative session. It was not a good session to be poor in Arkansas.

Happily, for now, the courts provide some relief from unconstitutional practices supported by the legislature.

As memorialized in the video above, Arkansas has been widely touted as having the worst landlord-tenant laws in the country.

Tags: , , , , ,

From the ArkTimes store

Favorite

Comments

Subscribe to this thread:

Add a comment

More by Max Brantley

Readers also liked…

  • Judge anticipates punishment of lawyers in Fort Smith class action case

    Federal Judge P.K. Holmes of Fort Smith issued a 32-page ruling yesterday indicating he contemplates punishment of 16 lawyers who moved a class action lawsuit against an insurance company out of his court to a state court in Polk County after a settlement had been worked out.
    • Apr 15, 2016
  • A response to police arrests becomes a tutorial on race, class and policing in Little Rock

    John Walker, the 79-year-old civil rights lawyer, and his associate, Omavi Shukur, 29, a young lawyer devoted to criminal justice reform, talked to press this afternoon about their arrests Monday by Little Rock police for supposedly obstructing governmental operations in observing and attempting to film a routine police traffic stop. It was a tutorial on sharp views of race, class and governance in Little Rock.
    • Sep 29, 2016
  • The LR chamber does the public's business. Is it accountable? Blue Hog on the case.

    Matt Campbell, lawyer and Blue Hog Report blogger, has sent a Freedom of Information Act request to Jay Chessir, director of the Little Rock Regional Chamber of Commerce, and Mayor Mark Stodola related to the publicity stunt yesterday  built around withdrawing from the mayor's rash pronouncement that the city would seek an Amazon HQ2 project even though the city  didn't meet the company's criteria.
    • Oct 20, 2017

Most Shared

  • Guest Playlist: Flap Jones of "Not Necessarily Nashville" schools us on real country music

    "Not Necessarily Nashville," which airs on KUAR-FM 89.1 every Saturday, 7 p.m.-9 p.m., celebrates three decades of the "best of the rest of country music" Saturday, October 21 at the White Water Tavern with Brad Williams of The Salty Dogs & The Creek Rocks, and we asked host Flap Jones to curate a playlist for us ahead of that anniversary celebration.
  • Discussion: State killing of the mentally ill

    The Arkansas Coalition to Abolish the Death Penalty and others will have a forum on mental illness and the death penalty at 6:30 p.m. Monday at the Bowen School of Law's Friday Courtroom.

Most Viewed

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation