Can a county judge abolish all the townships in a county and redraw new ones, and what does that do to sitting constables?

Plain-English summary

Senator Blake Johnson asked AG Leslie Rutledge three questions about Ark. Code Ann. § 14-14-401, the statute that lets a county court divide a county into townships and alter township lines: whether a county judge could abolish all existing townships and create new ones, what that would do to constables already in office, and whether § 14-14-401 was constitutional.

AG Rutledge declined to answer any of them. She explained that the same body of law was already on appeal to the Arkansas Supreme Court in Clowers v. Edwards, et al., CV-19-965. The AG's office, as part of the executive branch, has a longstanding practice of declining to opine on questions that are simultaneously pending before the courts. The cited prior opinion was Op. Att'y Gen. 2018-146.

Practical effect: the readers got the statutory text reproduced in the opinion's footnote 1, the citation to the pending case, and confirmation that constable seats added or eliminated by township changes would be filled per Ark. Const. art. 7, § 50. They got no answer to the substantive questions. The opinion is a short procedural decline, not a merits ruling.

Currency note

This opinion was issued in 2020. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Why did the AG refuse to answer?
The questions Senator Johnson asked turned on the same statute and constitutional issues that were on appeal in Clowers v. Edwards. The AG's office consistently declined to issue opinions while the courts were resolving identical questions, to keep the executive branch from prejudging matters within the judiciary's authority.

What does Ark. Code Ann. § 14-14-401 actually say?
Subsection (b) gives the county court "authority to divide the county into convenient townships, subdivide those already established, and alter township lines." Subsection (c) requires the county clerk to record each township's name, boundaries, and election location. Subsection (d) requires the clerk to send the Secretary of State a certified copy within 30 days of any new or altered township. Subsection (f) addresses how additional township officers required by a boundary change get filled, by reference to Ark. Const. art. 7, § 50.

What did the AG do in place of answering?
Reproduced the statute, cited the pending case, and pointed to Op. Att'y Gen. 2018-146 (which collected prior opinions applying the same decline-to-opine rule). That was the entire substantive content.

Did the underlying case eventually resolve the questions?
The opinion does not say. Anyone needing the current state of the law on county judge authority over townships should pull the docket in Clowers v. Edwards (CV-19-965) and any subsequent Arkansas Supreme Court rulings or General Assembly amendments to § 14-14-401.

Background and statutory framework

Ark. Code Ann. § 14-14-401 is the basic statute governing how Arkansas counties subdivide their land for governance and election purposes. The county court (presided over by the county judge) holds the authority to divide and alter township lines. The county clerk's recording and reporting duties exist so the Secretary of State has an accurate map of township boundaries for election administration. Constable elections are tied to townships under Ark. Const. art. 7, § 50, which is why a township redrawing affects constable seats.

Clowers v. Edwards (CV-19-965) was on appeal to the Arkansas Supreme Court at the time of the opinion. The AG did not summarize the issues in that case, only that the case concerned "the body of law" on which Senator Johnson sought interpretation.

Citations

Statutes and constitutional provisions:

• Ark. Code Ann. § 14-14-401 (Repl. 2013) (county court authority over townships)
• Ark. Const. art. 7, § 50 (filling township officer vacancies)

Pending case at time of opinion:

• Clowers v. Edwards, et al., Docket No. CV-19-965 (Ark.)

Prior opinion referenced:

• Op. Att'y Gen. 2018-146 (decline-to-opine practice)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2020-007
September 1, 2020
STATE OF ARKANSAS
THE ATTORNEY GENERAL
LESLIE RUTLEDGE
The Honorable Blake Johnson
State Senator
P. O. Box 8
Corning, AR 72422

Dear Senator Johnson:

I am writing in response to your request for my opinion on several questions concerning Ark. Code Ann. § 14-14-401. You ask whether a county judge has authority under this statute, or otherwise, to abolish and create new townships. You also ask about the effect of any such authority on constables, and whether section 14-14-401 is constitutional.

[Footnote 1, reproducing § 14-14-401, provided that:
(a) Each county of the state shall divide its land area into convenient county quorum court districts in a manner and at times prescribed by the General Assembly.
(b) The county court of each county in this state shall have the authority to divide the county into convenient townships, subdivide those already established, and alter township lines.
(c) It shall be the duty of the clerk of the county court to enter on the minutes of the court a description of each township established by the court containing the name and boundaries of the township and the place appointed for holding elections and shall also note in the minutes every alteration that is made in any township lines.
(d) The clerk of the county court shall within thirty (30) days after establishing any new township or altering any existing township line, provide the Secretary of State a certified copy of the record made.
(e) If any county clerk in this state has not furnished the Secretary of State with a description of the several townships in the county, it shall be the duty of the county court to direct the clerk of that court to provide the Secretary of State with the description.
(f) Whenever the county court of any county in this state orders the formation of one (1) or more new townships or changes the boundary lines of any of the townships in the county, which formation or change shall require additional township officers, the additional township officer or officers shall be filled in accordance with Arkansas Constitution, Article 7, § 50.
Ark. Code Ann. § 14-14-401 (Repl. 2013).]

RESPONSE

I must respectfully decline to issue an opinion on your questions because of pending litigation. The body of law you have asked about is currently the subject of litigation on appeal to the Arkansas Supreme Court in a case styled Clowers v. Edwards, et al., Docket No. CV-19-965. My office adheres to the longstanding policy of the Attorney General's office, as a member of the executive branch, to decline to issue opinions on matters that are pending before the courts for resolution. The answers to these questions must be provided in the judicial forum.

While I cannot be of assistance in this matter, please feel free to contact me if I may be of future assistance in some other respect.

Sincerely,

LESLIE RUTLEDGE
Attorney General