0283 9 1
RFSOLUTICN NO, 283 -81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JACKSONVITLF., ARFANSAS,
REQUESTING THE PROSECUTING AaauRNEY OF THE SIXTH JUDICIAL DISTRICT
SUPPLY ON A Cct1PINUOUS BASIS THE CITY OF JACKSONVIT1F AND SURROUNDING
AREA WITH A DEPUTY PROSECUTING ATTORNEY.
WHEREAS, the City of Jacksonville is aware of the present financial
plight of the Prosecuting Attorney of the Sixth Judicial District; and
WHEREAS, the City of Jacksonville has been without a Deputy
Prosecuting Attorney with any type of regular office hours for at least
seven months and has been canpletely without a Deputy Prosecutor for well
over a month; and
WHEREAS, the City of Jacksonville is the only city in the State of
Arkansas, with a population of over 10,000, that does not have a Deputy
Prosecuting Attorney; and
WHEREAS, only a duly appointed Deputy Prosecuting Attorney can
properly execute the responsibilities of the Prosecuting Attorney's
office, being part of his staff, i.e. prosecuting a criminal case up to
Circuit Court; and
WHEREAS, the Jacksonville Police Department is entitled to a local
Deputy Prosecutor to give it legal advice for the expedient administration
of justice and for the Police to obtain Warrants of Arrest for criminal
prosecution since the Police are required to have a warrant to arrest
individuals in many incidences and the trip to Little Rock to obtain this
warrant, while being time consuming, can also make their work more
difficult, if not sometimes impossible, because by the time the Police
go to Little Rock, get the warrant, and then return, the suspect has
usually fled; and
WHEREAS, the Citizens of Jacksonville are entitled to a local Deputy
Prosecuting Attorney to give than legal advice on whether prosecution is
possible under the criminal law and to obtain Warrants of Arrest for
criminal prosecution because not all Jacksonville citizens are able to make
the trip to Little Rock to get a warrant whether it be due to illness,
injury, lack of transportation or other legitimate reason; and
WHEREAS, in the last six weeks the City Attorney has been forced to
act as the Deputy Prosecuting Attorney under the authority granted City
Attorneys in Ark. Stat. Ann. 19 -913 (Repl. 1980), and as such he has been
giving advice and issuing warrants as the County Prosecuting Attorney would;
and
WHEREAS, this effort is now consuming much more than half of the City
Attnrn s time i e. during the week of Jul 27 through 31, 1981, he issued
sY r MJ July 9 r r
more than 35 warrants and on Monday through Wednesday of that week he did
not have time to do anything other than the prosecutor's work; and
WHEREAS, the budget of the Prosecuting Attorney is $813,426.02 for
1981, part of that amount having cane from the taxes paid by the citizens of
Jacksonville; and
WHEREAS, in addition to the aforementioned budget, the Prosecuting
Attorney is paid $10.00 for every warrant issued and $20.00 for every case
prosecuted in the Jacksonville Municipal Court (the City Attorney receives
no compensation for these services); and
WHEREAS, the City of Jacksonville represents approximately
RESOLUTION NO. 283 -81 Page Two
10 percent of the population of Pulaski County, not including
the surrounding area which is supposed to be ministered by the
Deputy Prosecuting Attorney in Jacksonville; and
WHEREAS, it would take less than one percent of the Pros-
ecuting Attorney's budget to supply a Deputy Prosecutor to
Jacksonville;
NOW THEREFORE BE IT RESOLVED, that the City Council of
Jacksonville goes on record requesting that the Prosecuting
Attorney of the Sixth Judicial District supply on a continuous
basis a Deputy Prosecuting Attorney to the City of Jacksonville.
AND, BE IT RESOLVED, that a copy of the Resolution be placed
in the permanent records of the minutes of the City Council of
Jacksonville, Arkansas.
WITNESS our hands and seals this 6 day of August
1981.
CITY OF JACKSONVILLE, ARKANSAS
ATTEST:
CITY CLERK •
APPROVED AS TO FORM:
CITY ATTORNEY