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In re Committee on Professional Ethics of Arkansas Bar Ass'n for the Establishment of Trustee Proceedings
Citations: 273 Ark. 496; 621 S.W.2d 623; 1981 Ark. LEXIS 1431Docket: 81-100
Court: Supreme Court of Arkansas; September 21, 1981; Arkansas; State Supreme Court
The Arkansas Bar Association's Committee on Professional Ethics petitioned the Court to establish a rule granting probate judges the authority to appoint trustees for lawyers who are disabled, deceased, or missing. The proposed trustee would be responsible for inventorying the attorney's files and bank accounts, preparing an accounting, and potentially referring files to another attorney or the client, though the proposal does not address the disposition of the funds. The Court declined to adopt the proposal, emphasizing that probate courts operate under special and limited jurisdiction defined by the constitution or statute. The Court noted that the proposal addresses substantive law rather than procedural law, which courts are hesitant to amend via rule, particularly when it may conflict with existing legislation. Specifically, the proposal would contradict statutory frameworks for guardianship and decedents’ estates under Arkansas law. Although there are no direct probate statute conflicts for missing attorneys, there are conflicting statutes indicating that chancery courts hold jurisdiction over the estates of missing persons. The Court concluded that it is unlikely to create a rule allowing probate courts to administer trusts, citing historical precedent that has consistently placed trust matters under the jurisdiction of chancery courts since 1842.