Opinion No. 2010-053

Mike Walden

Attorney General of Arkansas — Opinion
Opinion Delivered August 17, 2010

DUSTIN McDANIEL, Attorney General

The Honorable Mike Walden Prosecuting Attorney Second Judicial District Craighead County Courthouse

511 Union, Suite 342 Jonesboro, Arkansas 72401

Dear Mr. Walden:

This is my response to your deputy Alan Copelin’s question about the application of A.C.A. § 16-93-609(b) (Repl. 2006), a parole eligibility statute, in a particular case.

Mr. Copelin’s question is the subject of a pending petition under Ark. R. Crim. Proc. 37.1 in State v. Smith, No. CR-2008-982 (Circuit Court of Craighead County, Arkansas, W. Dist., Criminal Div., petition filed June 22, 2010). I have a statutory duty to render my opinion to legislators, prosecuting attorneys, and other state officials on certain matters of state law (see
A.C.A. § 25-16-706 (Repl. 2002)), but my office follows a long-standing policy against issuing opinions on matters that are in litigation. See, e.g., Op. Att’y Gen. 2009-089, 2008-183, and 2007-039 (and opinions cited therein). I must therefore respectfully decline to issue an opinion in this instance. Any opinion from my office would be executive comment on a question properly before a court.

Assistant Attorney General J. M. Barker prepared this opinion, which I approve.


DUSTIN McDANIEL Attorney General