Is a lease-purchase agreement entered into by the Judicial Department for the installation of electronic telephone system legal? It was not let on competitive bidding. ANSWER: Yes. The department is exempt from Arkansas Purchasing Law, 19-11-201 et seq., and thus competitive bidding requirement

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 - STEVE CLARK (501) 371-2007 ATTORNEY GENERAL OPINION NO. 86-56 March 18, 1986 Mr. Jack Jarrett Deputy Director Arkansas Judicial Department Justice Building Little Rock, AR 72201 Dear Mr. Jarrett: This office acknowledges receipt of your Fequest that this office issue an "Opinion of Counsel" letter in con- “nection with a lease-purchase agreement which has been entered into between your Department and The Equity Re- sources Group. ‘According to the information you have provided us the lessor has installed an electronic telephone system in the Judicial Department Offices Docated in the Justice Building ho and the Executive Office Building. You. have also informed us that the lease-purchase agree- ‘ment was not entered into as a result of competitive bid- ding. Before we can issue an "Opinion of Counsel" letter, . we must determine whether the Judicial Department is exempt from the bidding requirements of the Arkansas Purchasing -Law, Act 482 of 1979, as amended; Ark. Stat. Ann. §14-233 et —, Seq. “Ark.. Stat. Ann, §14-240(M) provides: - Exempt Agencies means the Constitutional - Departments of State, including the .. Legislative Council and the Legislative ~ ~ Audit Committee. ; . Based upon-the following analysis it is the opinion of this office that the Judicial Department is an exempt agency. The Supreme Court is an exempt agency because it is _a constitutional department. created by Article 7, Judicial Department, Arkansas Constitution. The Supreme Court has general superintending control over all inferior courts of ‘law and equity. Arkansas Constitution Article 7, Section - 4, The Judicial Department was created. by Act 496 of 1965 to provide the personnel to assist the Supreme Court in’ «1° | supervising the lower courts, and in carrying out the _jsc:AMJ:dc Mr. Jack Jarrett Page 2 March 18, 1986 Supreme Court's non-judicial functions. The Chief Justice is the administrative director of the Judicial Department. Ark. Stat. Ann. §22-142 (1985 Cum. Supp.). Because the Judicial Department is integrally related to the work of the Supreme Court, it should be treated as an exempt agency within the meaning of the Arkansas. Purchasing Law. Thus, this office will issue an "Opinion of Counsel!" letter that the aforesaid lease has been properly entered into by an agency which is exempt from the bidding require- Ments of the Arkansas Purchasing Law.. The foregoing opinion which I hereby approve was pre- pared by Assistant Attorney General Arnoid M. Jochums. Attorney General -