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ARNOLD v. KEMP

No. CR 91-60.

813 S.W.2d 770 (1991)

306 Ark. 294

Blair ARNOLD and Thomas E. Allen and Suzan A. Jernigan, Appellants, v. The Honorable John Dan KEMP, Circuit Judge of the Independence Circuit Court, Sixteenth Judicial District, State of Arkansas, Appellee. Suzan A. JERNIGAN, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

July 15, 1991.

Attorney(s) appearing for the Case

Blair Arnold, Tom Allen, John Norman Harkey and H. David Blair, Batesville, for appellants.

Clint Miller, Asst. Atty. Gen., Little Rock, for appellees.

Ralph G. Brodie, Jeff Rosenzweig, Little Rock, for amici curiae Ark. Bar Assn.

HOLT, Chief Justice.

This case involves the constitutionality of Ark.Code Ann. § 16-92-108 (1987), which relates to the legislative limitation of expenses and fees imposed upon court-appointed attorneys for indigent clients accused of crime. We find, under the circumstances of this case, the expense and fee "caps" contained in section 16-92-108 to be unconstitutional and that the contempt citation should be vacated. We remand to the trial court for proceedings...

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