Christopher Franklin, in His Official Capacity as Mayor of the City of Helena-West Helena, Arkansas v. State of Arkansas Ex Rel. Todd. H. Murray, First Judicial District Prosecuting Attorney
CourtSupreme Court of Arkansas
Date FiledNovember 5, 2026
StatusPublished
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Full Opinion
Cite as 2026 Ark. 181
SUPREME COURT OF ARKANSAS
No. CV-25-590
Opinion Delivered: November 5, 2026
CHRISTOPHER FRANKLIN, IN HIS
OFFICIAL CAPACITY AS MAYOR APPEAL FROM THE PHILLIPS
OF THE CITY OF HELENA-WEST COUNTY CIRCUIT COURT
HELENA, ARKANSAS [NO. 54CV-25-208]
APPELLANT
HONORABLE CHRISTOPHER
MORLEDGE, JUDGE
V.
REVERSED, VACATED, AND
DISMISSED.
STATE OF ARKANSAS EX REL.
TODD. H. MURRAY, FIRST
JUDICIAL DISTRICT
PROSECUTING ATTORNEY
APPELLEE
NICHOLAS J. BRONNI, Associate Justice
Appellant Christopher Franklin was the elected mayor of Helena-West Helena,
Arkansas. The State alleges he abused his office and routinely violated the law. He was
fined, ordered to pay attorneys’ fees, and ultimately removed from office by the circuit
court. We do not reach the merits of the State’s claims. Instead, we hold that the summons
in this case was constitutionally defective and that, as a result, the circuit court never
obtained jurisdiction over Franklin. For that reason, we reverse the decision below, vacate
all orders entered in this matter, and dismiss this case without prejudice.
Facts and Procedural Background
Christopher Franklin is a frequent character in our recent case law, and this is just his
latest appearance. Franklin was elected mayor of Helena-West Helena, and he assumed
office in January 2023. Two years later, in June 2025, the State filed this case against
Franklin seeking civil penalties, damages, attorneys’ fees, and Franklin’s removal from office.
It alleges that Franklin engaged in a plethora of illegal conduct and abused his office.
That lawsuit began in an unusual way. Normally, a plaintiff, like the State here, files
a complaint in circuit court and the circuit court clerk (or a deputy clerk) issues and signs a
summons soon after. That did not happen here. Instead, on June 24, 2025, the State
apparently handed its complaint to the circuit court judge in open court and the circuit
court judge then issued and signed the summons himself. That summons was issued in the
name of the State and contained a deadline for responding to the complaint and an
accompanying motion for a restraining order. The next day, those documents were filed
with the circuit court clerk, and on that same day, the circuit court entered an ex parte
temporary restraining order enjoining Franklin from exercising any mayoral authority and
barring him from municipal buildings.
Four days later, on June 29, 2025, Franklin filed a motion to dismiss, a motion for a
continuance, a notice of appearance, a jury demand, a motion to dissolve the ex parte TRO,
and his first (of many) motions asking the circuit court judge to recuse from the case. Most
importantly for our purposes, Franklin argued that the summons was fatally defective
because it had been issued and signed by a circuit court judge rather than the circuit court
clerk or a deputy clerk.
The day after Franklin filed these motions and a second motion seeking the circuit
court judge’s recusal, the circuit court held a hearing on the ex parte TRO and various other
matters. At that hearing’s conclusion, the circuit court announced that it was imposing civil
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penalties, assessing attorneys’ fees, and removing Franklin from office because Franklin had
violated state fiscal responsibility and management laws and had violated court orders in
another pending matter, City of Helena-West Helena v. Williams, CV-23-575. The circuit
court reduced its rulings to writing in two separate orders published on July 8, 2025.
On July 10, 2025, Franklin filed a motion under Rule 60(a) of the Arkansas Rules
of Civil Procedure requesting to have the circuit court’s written orders vacated. See Ark.
R. Civ. P. 60(a). Then, on July 31, 2025, Franklin filed a third motion seeking the circuit
court judge’s recusal. The circuit court did not rule on Franklin’s Rule 60 motion, and
after 30 days, it was deemed denied by operation of law. See Ark. R. App. P. Civ. 4(b)(1).
This appeal followed.
Discussion
Franklin raises multiple issues on appeal. But to resolve this appeal, we need only
address his argument that the summons in this case was invalid. Because the State failed to
serve Franklin with a constitutionally valid summons within 120 days of filing its complaint,
the circuit court never obtained personal jurisdiction over Franklin. That renders the
proceedings below void ab initio and requires that we dismiss this case without prejudice.
We begin with the basics of service of process. Under Arkansas law, a plaintiff must
serve the defendant with a valid summons “within 120 days after the filing of the complaint
or within the time period established by an extension granted” upon “a showing of good
cause.” Ark. R. Civ. P. 4(i)(1)-(2). If that does not happen, the circuit court never acquires
personal jurisdiction over the defendant and “the action shall be dismissed as to that
defendant without prejudice on motion or on the court’s initiative.” Ark. R. Civ. P. 4(i)(1);
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see Nucor Corp. v. Kilman, 358 Ark. 107, 122, 186 S.W.3d 720, 729 (2004) (“Service of valid
process is necessary to give a court jurisdiction over a defendant.”). Personal jurisdiction,
moreover, is not a mere technicality; it “is an essential element of jurisdiction without which
the court is powerless to proceed to an adjudication.” Ruhrgas AG v. Marathon Oil Co., 526
U.S. 574, 584 (1999) (cleaned up). Thus, as relevant here, absent service of a valid summons
within the period set by the rules of civil procedure, the circuit court would—absent
waiver—lack jurisdiction over Franklin and correspondingly the power to enter the orders
that it did below.
On that much, at least, the parties agree. They disagree on whether that happened
here. First, they disagree over whether the summons undisputedly served on Franklin
within the period set by Rule 4(i) was itself defective. Second, they disagree over whether
Franklin waived that defect. On both issues, Franklin has the better argument.
1. Start with the parties’ arguments over whether the summons was defective.
Franklin argues that the summons was defective because it was signed by the circuit court
judge rather than the circuit court clerk or a deputy clerk; the State says that was not required
because the complaint was filed in open court. The State is wrong. As relevant here, the
rules of civil procedure clearly and unambiguously say that a “summons shall be . . . dated
and signed by the clerk or a deputy clerk.” Ark. R. Civ. P. 4(b). Moreover, far from a
mere technicality or rule of convenience, that rule effectuates the Arkansas Constitution’s
command that “[a]ll writs and other judicial process, shall run in the name of the State of
Arkansas, bear test and be signed by the clerks of the respective courts from which they issue.”
Ark. Const. art. VII, § 49 (emphasis added). Indeed, reflecting that, we have previously
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held that the failure to strictly comply with that requirement and the rules implementing it
renders a summons invalid and that dismissal is required where a valid summons is not served
within the period set by law. See Gatson v. Billings, 2011 Ark. 125, at 5 (2011) (applying
our constitution and Rule 4(b)); see also Jones v. Douglas, 2016 Ark. 166, at 6-7, 489 S.W.3d
648, 652-53 (applying Rule 4(b)).
Applying that rule here, the summons was invalid and dismissal is required. Neither
the circuit court clerk nor a deputy clerk signed the summons. Instead, it was signed by the
circuit court judge. And the State does not cite any rule empowering the circuit court judge
to sign a summons. On the contrary, the State merely cites Arkansas Rule of Civil
Procedure 5(d)’s language allowing judges to “permit papers or pleadings to be filed with
him” and requiring a judge who does so to “note thereon the filing date and forthwith
transmit them to the office of the clerk.” Ark. R. Civ. P. 5(d). To be sure, Rule 5 does
discuss methods of service, but critically, it does not say anything about signing a summons.
In fact, Rule 5 uses the word “summons” just once, when discussing default judgments, and
even then, it only says that “[n]o service need be made upon parties in default for failure to
appear, except that pleadings asserting new or additional claims for relief against them shall
be served in the manner provided for service of summons in Rule 4.” Id. at 5(a).
Furthermore, even if we were inclined to read language into Rule 5 that is not there or—
perhaps being more generous to the State’s argument—squint, wink, and claim we have to
harmonize Rule 4(b) with Rule 5’s language permitting filings in open court, it would not
matter because the constitution says that a summons shall be signed by the clerk. We thus
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conclude that the only summons served in this case was constitutionally defective and—
absent waiver—Rule 4(i) requires that we dismiss this case.
2. Next, yet no less flawed, is the State’s alternative argument that Franklin
waived that defect. A party can waive jurisdictional defects—even constitutional ones—by
appearing and not raising the issue. See, e.g., Ins. Corp. of Ireland v. Compagnie des Bauxites
de Guinee, 456 U.S. 694, 703 (1982) (“Because the requirement of personal jurisdiction
represents first of all an individual right, it can, like other such rights, be waived.”).
Consistent with that principle, our rules require a party who objects to service or jurisdiction
to do so in its first responsive pleading, whether that is an answer or a motion under Rule
12. See Farm Bureau Mut. Ins. Co. v. Campbell, 315 Ark. 136, 141, 865 S.W.2d 643, 645
(1993). Where a party does that, its objection is preserved for appeal unless it later seeks
“affirmative relief.” Id. To constitute affirmative relief, we have previously said that a
party’s conduct must be “more than a defensive action.” Id. “An example of such
affirmative action is where a defendant file[s] a cross-complaint,” id., a third-party
complaint, or a non-compulsory counterclaim that “invokes the jurisdiction of the court”
and indicates the defendant “submits to it[s]” jurisdiction. Ark. Game & Fish Comm’n v.
Lindsey, 292 Ark. 314, 319-20, 730 S.W.2d 474, 478 (1987).
That did not happen here. Franklin’s first responsive pleading—his motion to
dismiss—argued that the summons was defective and sought dismissal on that basis. That
preserved the objection unless Franklin sought affirmative relief, and on that score, the
State’s claims fall well short. First, the State says that Franklin’s actions were more than
defensive because his discovery requests were really “a fishing expedition to dig up potential
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claims against opposing counsel.” But the State’s disagreement with Franklin’s discovery
request hardly demonstrates that he sought affirmative relief from the court. See Farm
Bureau, 315 Ark. 136, 141, 865 S.W.2d 643, 645-46 (rejecting claim that participating in
discovery waives jurisdictional objection); Carter v. Livingston, 2021 Ark. App. 363, 8, 635
S.W.3d 351, 357 (requests for admission, deposition notices, motion for summary judgment,
motion to compel, and motion to exclude evidence did not constitute “request[s] for
affirmative relief” and waive properly preserved service objection); see also Lechoslaw v. Bank
of Am., N.A., 618 F.3d 49, 55 (1st Cir. 2010) (defendant did not waive jurisdictional
objection by propounding discovery requests).
Second, the State argues that Franklin sought affirmative relief when he asked to join
other potentially essential parties. That argument is better, but it too ultimately falls short,
because “[i]t is not inconsistent for a defendant to object that a court has no jurisdiction but
prefer to endure only one trial to a void judgment.” Dolan v. Lichtsinn Motors, Inc., 2024
Ark. App. 501, at 6, 701 S.W.3d 772, 778. Indeed, in combination, the State’s argument
essentially suggests that to object to insufficient process, a defendant must simply sit still, and
that is not the law. See Farm Bureau, 315 Ark. at 141, 865 S.W.2d at 645-46. Accordingly,
we hold that Franklin did not waive his meritorious objection to the summons and dismiss
for failure to serve a valid summons within the period set by law.
Conclusion
Our decision today is very narrow. We hold only that the State’s failure to serve a
valid summons—that is one, as our constitution says, signed by the clerk—within the period
set by Rule 4(i) requires dismissal. We express no opinion concerning the State’s allegations
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about Franklin or the merits of the circuit court’s decision to remove him from office.
Rather, our decision merely enforces the plain text of the constitution and the rules
governing civil actions throughout Arkansas. Furthermore, since we do not reach the merits
of the underlying action, our dismissal is without prejudice, leaving the State free to pursue
additional proceedings against Franklin that are consistent with this opinion and, most
importantly, our constitution.
Reversed, vacated, and dismissed.
Special Justice CORY COX joins.
BAKER, C.J., concurs.
WOOD, J., concurs in part and dissents in part.
WEBB, J., not participating.
RHONDA K. WOOD, Justice, concurring in part and dissenting in part. Once
again, I am concerned that this court is raising and addressing a constitutional issue without
adequate briefing. For the reasons explained below, I concur with the disposition but dissent
from the analysis.
The appellant argues that the court-issued summons violated Rule 4(b) of the
Arkansas Rules of Civil Procedure, which requires that the summons be signed by the clerk.
The State does not contest this reading of Rule 4(b) but points out that Rule 5(d) allows
“papers or pleadings” to be filed with the judge. Our court should respond to the arguments
presented and decide whether the Rule 5(d) allowance of a judge to file “papers or
pleadings” includes signing a summons.
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Instead, the majority creates confusion by raising and deciding the case on an
Arkansas constitutional provision that requires “[a]ll writs and other judicial process . . . be
signed by the clerks of the respective courts from which they issue.” Ark. Const. art. 7, §
49. The parties neither cited this clause nor raised this argument.
My concern is the effect this may have on courts in Arkansas that use Arkansas Rule
of Civil Procedure 5(d) to perform their judicial functions. Many counties have this issue
when a circuit judge is sitting in one county but needs to sign and file something quickly in
another county in the judge’s circuit. By deciding that “all judicial process” includes a
summons, the majority raises the question whether other filings constitute “judicial process.”
The majority may be inadvertently abolishing Rule 5(d) of the Arkansas Rules of Civil
Procedure. Does a judge need a deputy clerk to countersign a show-cause order?
The majority creates unnecessary confusion. Our court should avoid raising and
making constitutional pronouncements when another reasonable alternative can resolve the
appeal. See Solis v. State, 371 Ark. 590, 598, 269 S.W.3d 352, 358 (2007) (“[I]f we can
resolve a case without reaching constitutional arguments, it is our duty to do so.”). It would
be wiser to decide the case on the grounds raised and briefed by the parties.
I would hold that Rule 5(d)’s filing provision does not include executing the clerk’s
signature on a summons. The Rule 4(b) signature requirement is distinct from Rule 5(d),
which allows courts to file “paper and pleadings.” I would reverse and dismiss accordingly.
For this reason, I concur in part and dissent in part.
Terrence Cain, for appellant.
Tim Griffin, Att’y Gen., by: Julius J. Gerard IV (“Jay”), Ass’t Att’y Gen., for appellee.
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