Panel rejects measure on court rules

LITTLE ROCK, Ark. (AP) — A proposal to change Arkansas’ constitution to allow lawmakers to write court rules for civil cases failed Wednesday before a legislative panel after opponents warned the move would make it easier for lobbyists to influence the courts.

The joint Senate panel deadlocked on the proposal by a 4-4 vote. Lawmakers can refer up to three amendments to place on the ballot next year.

The proposal by Sen. Eddie Joe Williams, R-Cabot, had the backing of several business groups, including the state Chamber of Commerce, which argued the change is needed to address recent court rulings that overturned parts of a 2003 tort reform law Arkansas enacted.

“What we have now is an upset in power with our system, as interpreted by the court,” Williams told lawmakers.

Williams’ proposal would allow the Legislature to enact laws regarding procedural or evidentiary matters in civil cases. Any proposals that would amend or repeal an existing rule would have required a three-fifths vote in the Legislature.

The measure also would have capped punitive damages in civil lawsuits at five times the amount of compensatory damages awarded.

The Supreme Court currently sets the rules of procedure for the state’s courts. The Arkansas Bar Association and the Arkansas Trial Lawyers Association have opposed the measure, saying it gives too much power to the Legislature.

Sen. David Johnson said he was worried the proposal went too far, noting it could also affect rules regarding civil matters such as contracts and divorce cases.

“If we have a multimillion dollar lawsuit between two corporations and they do they math and figure out if we can hire a lobbyist for $30,000 or $40,000 and send them down to the Capitol and try to get this rule changed, we can stop this evidence that’s going to kill us in court,” Johnson, D-Little Rock.