concurring. I agree with the results reached in this case. The most violated provision of the Arkansas Constitution is Amendment 14 which reads: “The General Assembly shall not pass any local or special acts.” Perhaps it is in the nature of legislatures to want to pass local and special legislation to please their constituents. It should be the nature of this court to routinely strike down those acts as contrary to Amendment 14. Our record in that regard has not been consistent. This court has carved out an exception to Amendment 14. For the benefit of the courts, this court has consistently found that special legislation is valid if it is essential to the administration of justice. Amendment 14 does not say “The General Assembly shall not pass any local or special acts except for the administration of justice." This court’s finding that such an exception exists is unwarranted, improper, and contrary to the constitution and should cease. Those cases which uphold that exception should be overruled without discussion because they are wrong legally and this court cannot in good conscience apply Amendment 14 to everyone except the courts. Buzbee v. Hutton, 186 Ark. 134, 52 S.W. 2d 647 (1932); McLellan v. Pledger, 209 Ark. 159, 189 S.W. 2d 789 (1945).
There is no valid reason given why courts should be excepted from that provision. Laws can be passed which apply generally to all court clerks, judges, and to the administration of justice. To continue to support that exception simply because it has been recognized for years is also no good reason. Those decisions have not become rules of property. To continue to follow them without good cause is to avoid the continuing responsibility this court has to guard the constitution.
The act in question applies only to Pulaski County and for that reason it is a local act. There is no doubt that it was passed for Joann Beard. That is conceded. We should clearly put behind us once and for all any toleration of such exceptions and local legislation.
Special Justice Jim Burnett joins in this concurrence.