Cite as 2015 Ark. App. 729
ARKANSAS COURT OF APPEALS
EN BANC
No. CV-15-168
Opinion Delivered December 16, 2015
LIBERTY BANK OF ARKANSAS, AS APPEAL FROM THE POPE
TRUSTEE OF THE VERNON E. COUNTY CIRCUIT COURT
ARNOLD REVOCABLE TRUST [NO. CV-2013-201]
APPELLANT
HONORABLE WILLIAM M.
V. PEARSON, JUDGE
CLYDE E. BYRD, JR., EXECUTOR REBRIEFING ORDERED
OF THE ESTATE OF ARDELLIA D.
BYRD ARNOLD, DECEASED
APPELLEE
PER CURIAM
Liberty Bank of Arkansas (the bank), as trustee of the Vernon E. Arnold
Revocable Trust (the trust), appeals from the order of the Pope County Circuit Court
imposing a constructive trust on the trust’s assets in favor of appellee Clyde Byrd.
Byrd cross-appeals from the circuit court’s award of attorney’s fees to the bank from
assets subject to the constructive trust. We do not reach the merits of the appeal and,
instead, order rebriefing because of both parties’ lack of compliance with
Administrative Order No. 19.
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Cite as 2015 Ark. App. 729
Administrative Order No. 19 pertains to access to court records, and Arkansas
Supreme Court Rule 4-1(d) requires compliance with its protective requirements for
confidential information. Section VII(A) of Administrative Order No. 19 details the
information to be excluded from public access and deemed confidential absent a court
order to the contrary. Such information includes Social Security numbers and account
numbers of specific assets, liabilities, accounts, credit cards, and personal identification
numbers. Ark. Sup. Ct. Admin. Order No. 19 (VII)(A)(4) & (5).
Both parties indicated in their informational statements that this appeal involves
confidential information as defined by section (III)(A)(11) and (VII)(A) of
Administrative Order No. 19. Further, both parties certified that they have complied
with Administrative Order No. 19. However, there are several instances where full
bank account numbers and Social Security numbers are not redacted. For example,
there is one exhibit that consists of unredacted bank statements over a period of
several years. There are several tax returns included in the addendum. Most have the
parties’ Social Security numbers redacted; however, there are at least two sets that are
not redacted. Also, the circuit court’s final order, as well as an amendatory order, sets
out full account numbers. Byrd’s brief on cross-appeal contains a twenty-five page
summary of transactions. Although the account number is redacted at the top of each
page, some of the transactions reference Edward Jones accounts with the account
number not redacted.
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Cite as 2015 Ark. App. 729
We recently ordered rebriefing in a similar situation. Cummings v. Cummings,
2015 Ark. App. 517. We noted that, with the benefit of technological advances, the
failure to redact is particularly egregious because our records are available online and
easily accessible by the public, potentially leading to the abuse of the parties’
confidential information.
As in Cummings, we order rebriefing. The parties are directed to file redacted
briefs in compliance with Administrative Order No. 19 within fifteen days from the
date of this per curiam.
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