Group forming to push amendment to deal with state sovereign immunity
by January 24, 2018 10:16 am 643 views
On the heels of an Arkansas Supreme Court decision last week, a new ballot initiative group has formed to address concerns regarding sovereign immunity cases against the state.
The Committee to Restore Arkansans’ Rights, led by Alex Gray, an attorney affiliated with law firm of State Sen. Jeremy Hutchinson and a group pushing for a casino amendment, has requested Arkansas Attorney General Leslie Rutledge to approve their measure for signature gathering.
The amendment would add clarifying language to Article V, Section 20 of the state constitution to grant authority to the Legislature to allow lawsuits against the state.
The ballot title and language for the proposed amendment simply reads, “An amendment to Article V, Section 20 of the Arkansas Constitution authorizing the General Assembly to waive the State’s sovereign immunity.” You can read the full amendment here.
Last week, the Arkansas Supreme Court, in a 5-2 decision, dismissed a case against the state declaring that the state of Arkansas could not be made a defendant in state courts.
According to the Committee to Restore Arkansans’ Rights, “the potential implications of the Court’s decision are far-reaching. Arkansas citizens no longer have an avenue in state court to challenge a broad array of state laws or regulations.”
The two dissenting justices in the case, as well as political observers, have said the decision calls into question whether the Freedom of Information Act would be valid as well as cases such as the monumental Lake View decision, illegal exaction cases, and lawsuits regarding civil rights and child welfare.
The proposed constitutional amendment would in effect give the Arkansas General Assembly the responsibility of writing into law the thresholds outlining sovereign immunity.
AG Rutledge’s office must review the language of the ballot title and the proposal and decide if it is cleared for signature gathering to qualify for the November ballot.
Attorney Alex Ray is a partner in the Little Rock law firm of Steel, Wright, Gray and Hutchinson.
Talk Business & Politics will update this story later today.