ELECTRONICALLY FILED
Pulaski County Circuit Court
Larry Crane, Circuit/County Clerk

2015-Dec-02 10:51:11
60CV-15-3153
C06D06 : 3 Pages

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
SIXTH DIVISION
MARISA N. PAVAN and TARRAH D. PAVAN,
individually, and as parents, next friends, and
guardians of T.R.P., a minor child
LEIGH D. W. JACOBS and JANA S. JACOBS,
individually, and as parents, next friends, and
guardians of F.D.J., a minor child
COURTNEY M. KASSEL and KELLY L. SCOTT,
individually, and as parents, next friends, and
guardians of A.G.S., a minor child
VS.

PLAINTIFFS

Case No. 60CV-15-3153

NATHANIEL SMITH, MD, MPH,
Director of the Arkansas Department of Health,
in his official capacity, and his successors in office

DEFENDANT

NOTICE OF APPEAL
COMES NOW Nathaniel Smith, MD, MPH, Director of the Arkansas Department of
Health (“ADH”), in his official capacity, and his successors in office, by and through
undersigned counsel,1 and for his Notice of Appeal, states as follows:
1.

ADH hereby notifies this Court and the Plaintiffs that ADH appeals to the

Arkansas Supreme Court from the Order and Memorandum Opinion entered by the Court on
December 1, 2015.
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ADH is represented herein by the Office of the Arkansas Attorney General pursuant to
Ark. Code Ann. § 25-16-702(a), which requires the Attorney General to serve as counsel for
state agencies and entities when requested. See id. (“The Attorney General shall be the attorney
for all state officials, departments, institutions, and agencies. Whenever any officer or
department, institution, or agency of the state needs the services of an attorney, the matter shall
be certified to the Attorney General for attention.”).

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 2.

The State hereby appeals to the Arkansas Supreme Court pursuant to Arkansas

Supreme Court Rule 1-2(a)(1), because this appeal involves the interpretation or construction of
the Constitution of Arkansas. The State also appeals pursuant to Rule 1-2(b)(1), because this
appeal involves issues of first impression; pursuant to Rule 1-2(b)(4), because this appeal
involves issues of substantial public interest; and pursuant to Rule 1-2(b)(5), because this case
raises significant issues requiring clarification or development of the law.
3.

The State designates as the record on appeal all pleadings and other papers filed

of record, the transcript of all hearings and proceedings, and all exhibits, constituting a complete
record.
4.

The State will order the transcript from the reporter of the proceedings in this

case, and will undertake financial arrangements required by the court reporter pursuant to Ark.
Code Ann. § 16-13-510(c).
WHEREFORE, Nathaniel Smith, MD, MPH, Director of the Arkansas Department of
Health, prays that the Court accept his Notice of Appeal, and prays for all other just and
appropriate relief.
Respectfully Submitted,
LESLIE RUTLEDGE
Arkansas Attorney General
By:

/s/ Colin R. Jorgensen
Colin R. Jorgensen, Ark. Bar # 2004078
Assistant Attorney General
323 Center Street, Suite 200
Little Rock, AR 72201
Phone: (501) 682-3997
Fax: (501) 682-2591
Email: colin.jorgensen@arkansasag.gov
Attorneys for the Defendant

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 CERTIFICATE OF SERVICE
I, Colin R. Jorgensen, Assistant Attorney General, certify that on this 2nd day of
December, 2015, I electronically filed the foregoing with the Circuit Court Clerk using the
Arkansas Judiciary’s eFlex electronic filing system, which shall provide electronic notification to
the following:
Cheryl K. Maples
Attorney for the Plaintiffs
ckmaples@aol.com
/s/ Colin R. Jorgensen

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