Chapter 17 Special and Extraordinary Proceedings

• Library: Handling Appeals in Arkansas (2022 Ed.)

CHAPTER 17 SPECIAL AND EXTRAORDINARY PROCEEDINGS

Troy A. Price

B. What are the Common Types of Extraordinary Writs?

1. Writ of Mandamus

(a) General principles regarding the writ of mandamus

• Under Amendment 80, Section 2(E) of the Arkansas Constitution, the Arkansas Supreme Court may issue a writ of mandamus directing the Secretary of State to decide the sufficiency of a proposed initiative petition. Armstrong v. Thurston, 2022 Ark. 154, at 1. (Act 194 of 2023 returned the authority to review initiative petitions to the Attorney General rather than the Secretary of State.)

• A writ of mandamus may compel a circuit court to comply with its duty to timely act on filed pleadings, but not to compel a particular result. Evans v. State, 2022 Ark. 31, at 1-3, 638 S.W.3d 847, 848-49.

3. Writ of Certiorari

(a) General principles regarding the writ of certiorari

• Arkansas appellate courts can enforce writs of certiorari to complete the record by issuing a show-cause order. James Tree & Crane Serv., Inc. v. Fought, 2015 Ark. 6; Ark. Blue Cross & Blue Shield v. Freeway Surgery Ctr., 2023 Ark. App. 25; Woolford v. State, 2022 Ark. App. 463.

D. Certification Questions

The Supreme Court may rescind its decision to answer a certified question. Gerber Prods. Co. v. Mitchell, Williams, Selig,...