Arkansas Criminal Eviction Statute found Unconstitutional

Judge Herbert Wright, 4th Division Circuit Court Judge in Pulaski County, found the “failure to vacate statute” unconstitutional in an Order issued today in Arkansas v. Smith. Legal aid attorneys from both the Center for Arkansas Legal Services and Legal Aid of Arkansas represented the Defendant who was criminally charged with “failure to vacate” arguing the unconstitutionality of the law.

The judge agreed stating, “In 2011, the Arkansas legislature created the Commission for the Study of Landlord-Tenant Laws. In 2012, they issued a report with the unanimous recommendation that the failure to vacate statute should be repealed. This Court agrees with the Commission’s findings, and it has been provided with no compelling argument to find otherwise.” See full Order here.

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signed order smith.pdf704.28 KB