Arkansas: constitutional amendment to subject supreme court rules to 3/5ths legislative approval clears Senate 21-10; effort wrapped up in “tort reform” laws

A constitutional amendment discussed here to subject rules of practice and procedure adopted by the Arkansas Supreme Court to legislative approval cleared the Senate this week. SJR 8 would, among other things related to damage awards in tort cases, require all rules of pleading, practice and procedure be subject to 3/5ths legislative approval or, by 3/5ths, allow the legislature to amend or repeal any rule.

SJR 8 also includes elements of a “tort reform” package that was stricken from the ballot last year by the Supreme Court. Moreover, the effort to curtail or remove the supreme court’s rulemaking power dates back at least 4 years to a 2013 ruling striking down portions of a 2003 “tort reform” law that violated the supreme court’s rulemaking authority.

SJR 8 is currently being held in the Senate prior to transmission to the House. If approved by that chamber it would then have to be approved by voters.