Arkansas House committee hears four proposed constitutional amendments

One of the first constitutional amendments placed under consideration Monday (March 8) in the Arkansas House would give the legislature the power to determine the conditions under which the state Supreme Court might hear a case.

HJR1015 would give legislators the power to determine the practices, procedures, and pleadings rule making in court cases. The sponsor of the bill, Rep. Jim Dotson, R-Bentonville, said during a committee meeting it would take a three-fifths vote in both legislative chambers to make a rule or rules changes.

Dotson said he proposed the amendment to provide a check on the judicial branch of government, and noted that similar laws are in effect in several different states, and the federal government has a similar law. His proposal was met with strong opposition from elected officials and others who spoke against it moving past the committee stage. Rep. Josh Miller, R-Heber Springs, said he was worried that if the amendment were approved, it would create more government corruption.

“Votes are bought down here. … Everyone would agree with that,” Miller said. “Is this bill not going to let that happen?”

Dotson, along with several others who support the amendment, admitted it wouldn’t stop corruption, but the system already has a certain level of corruption.

Arkansas Bar Association President Paul Keith, along with several others, argued that special interests groups could try to “pay off” legislators to change the rules in the courtroom to allow for more favorable verdicts. An example might be a company being sued for negligence that caused an injury to a worker or customer. If the company were able to “persuade” enough legislators it could significantly interfere with the just outcome of a civil or even criminal case. Keith also argued that the three branches of government need to remain independent of each other.

“It would make one branch of government subservient to another branch of government,” he said.

Dotson said he thinks the judicial branch has no checks under state law. He noted that in 2015 the legislature passed a law allowing for comfort dogs to be present for certain victims who had to testify. A judge struck the law down under the provision that it fell under the umbrella of judicial rule making.

Other amendments presented before committee:
• HJR1001
The amendment would allow the legislature to meet in a special session if it was deemed necessary by the leader of the state House and Senate. The amendment would have no impact on the governor’s ability to convene a special session, noted sponsor Rep. Fran Cavenaugh, R-Walnut Ridge.

• HJR1006
This amendment would install a recall mechanism for all elected officials in the state. For a recall to take place, it would require 25% of voters who cast ballots in the previous governor’s election to sign a recall petition, said Cavenaugh, who also sponsored this bill. She said Arkansas doesn’t have a method for recalling an elected official.

• HJR1009
This amendment would restructure the Arkansas Highway and Transportation Commission. It would create a Transportation Commission and would replace the director with a cabinet secretary.

None of the four amendments presented before the committee were voted on during the Monday session.