On April 14, 2005, Intervenor Rogers School District filed a Motion to Recall Mandate, Reappoint Masters, and for an Order Directing the State Defendants to Show Cause Why They Should Not Be Held in Civil Contempt for Failure to Comply with the Court’s Previous Orders. Similar motions were tendered to the Supreme Court Clerk on April 25, 2005, by both the Barton-Lexa School Districts, as Successor in Interest to Lake View School District, and by the Earle and Helena-West Helena School Districts. On that same day, motions to intervene or to file amicus curiae briefs were filed by Forrest City School District, et al., and DeQueen School District, et al. The State has moved this court to dismiss each of these motions.
Pursuant to Ark. Sup. Ct. R. 5-1 (a), this court may at its discretion and on its own motion set any case for oral argument when it appears to the court that the matters presented for consideration are such that oral arguments are appropriate for a full presentation of the issues. We find this to be such a case. We hereby order oral arguments on the motions to recall the mandate and to reappoint the Masters to be held at 9:00 a.m. on Thursday, May 19, 2005. Supplemental briefs, while not required, will be permitted should the parties wish to file them. Any supplemental briefs shall be filed no later than Friday, May 13, 2005. No reply briefs will be permitted. The issues to be argued shall include, but will not be limited to:
(1) this court’s jurisdiction to hear the instant motions;
(2) whether the General Assembly at its 2005 regular session retreated from its prior actions to comply with this court’s directives in Lake View Sch. Dist. No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002), particularly with respect to the General Assembly’s actions or inactions in relation to Act 57 and Act 108 of the Second Extraordinary Session of 2003;
(3) whether the foundation-funding levels for the next biennium assure a continual level of adequate funding for Arkansas students; and
(4) whether the General Assembly’s commitment to facilities funding meets the adequacy criterion.
Participation in oral argument shall be limited to movants that seek to recall the mandate. Requests to participate in oral argument shall be submitted to the court in writing no later than Friday, May 13, 2005.
Oral arguments set for 9:00 a.m. Thursday, May 19, 2005, on motions to recall mandate and to reappoint Masters.
Supplemental briefs permitted.
Clerk directed to file motions and briefs of Barton-Lexa School District and Earle and Helena-West Helena School Districts.
Motions to file amicus curiae briefs by Forrest City School District, et al., and DeQueen School District, et ah, granted.
Special Justice Carol Dalby joins. Hannah, C.J., concurs. Glaze, J., dissents. Imber, J., not participating.