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RESOLUTION NO. 13,430
3 A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO FILE A
4 PETITION WITH THE ARKANSAS SUPREME COURT TO SEEK
5 CONCURRENT JURISDICTION ON TRUANCY ISSUES WITH THE
6 CIRCUIT COURT AND THE DISTRICT COURT; AND FOR OTHER
7 PURPOSES.
8
9 WHEREAS, under State law, each school district is required to establish a maximum number of
10 absences before a student is referred to the Juvenile Justice System for truancy; and,
11 WHEREAS, in a large county such as Pulaski County the point can be reached that it takes months
12 before a truancy matter can be heard; and,
13 WHEREAS, with appropriate jurisdictional guidelines an initial appearance on a truancy change can
14 be handled in District Court, and if necessary referred to Circuit Court for additional services; and,
15 WHEREAS, it can literally take months from the time the student reaches the ninth unexcused
16 absence -- in the Little Rock School District -- before referral for a truancy action, the time of the first
17 appearance before the circuit court; and,
18 WHEREAS, this approach could change to days the time frame between the issuance of the truancy
19 notice to the first court appearance on the issue from the weeks and months that it now takes; and,
20 WHEREAS, a petition has been drafted that asks the Arkansas Supreme Court to consider such a
21 jurisdictional grant to the district courts, consistent with Amendment 80 to the Arkansas Constitution, and
22 calls for comments and suggestions by interested parties; and,
23 WHEREAS, District Judge Mark Leverett, who handles day and nighttime curfew violations, has
24 been involved in the discussions of this issue and wishes to participate in the initial truancy hearings if his
25 Court is granted the authority to do so;
26 WHEREAS, the City of Little Rock, Arkansas, would like to see this issue publicly addressed:
27 NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE BOARD OF DIRECTORS OF
28 THE CITY OF LITTLE ROCK, ARKANSAS:
29 Section 1. The City Attorney is authorized to file a petition like that attached as exhibit A to this
30 resolution, and to respond at the appropriate time to any request of the Arkansas Supreme Court for such
31 response.
32 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
33 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
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adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
resolution.
Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
with the provisions of this ordinance are hereby repealed to the extent of such inconsi ency.
ADOPTED: January 17, 2012
ATTEST: APPROVED:
y, City Clerk
AS TO LEGAL FORM:
Thomas M. Carpenter, City A orney
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Dean Ku �s, Vice Mayor