Arkansas: House committee amends Senate plan to make Supreme Court rules subject to legislature; system similar to one in place in other states

The Arkansas House Judiciary Committee last night voted on its plan to change the way rules adopted by the Arkansas Supreme Court for pleading, practice, and procedure are handled. Currently the state’s constitution vests exclusively authority in this area with the court.

SJR 8, as approved by the senate, would make three key changes

  1. any rules adopted by the Arkansas Supreme Court would not become effective until approved by 3/5ths of the legislature
  2. the legislature could by 3/5ths majority amend or repeal any rule
  3. the legislature could by 3/5ths majority create a rule

The House Judiciary Committee version, however, effectively drops the first provision requiring legislative approval and keeps the other two.

By a three-fifths vote of each house, the General Assembly may enact laws: (A) Amending or repealing a rule of pleading, practice, or procedure prescribed by the Supreme Court; and (B) Adopting on its own initiative a rule of pleading, practice, or procedure.

That super-majority provision is similar to ones in place in 4 other states, but each handles it differently.

  1. Alaska’s constitution provides the supreme court the power to make and promulgate rules governing the administration of all courts as well as governing practice and procedure in civil and criminal cases. “These rules may be changed by the legislature by two-thirds vote of the members elected to each house.”
  2. Florida’s constitution gives the supreme court the power to adopt rules for the practice and procedure in all courts. The legislature has the ability to repeal such a rule by general law enacted by two-thirds vote of the membership of each house of the legislature.
  3. South Carolina has two provisions in this area. The first provides the supreme court “shall make rules governing the administration of all the courts of the State. Subject to the statutory law, the Supreme Court shall make rules governing the practice and procedure in all such courts.” The second provides rules created by the supreme court “shall become effective ninety calendar days after submission [to the General Assembly’s Judiciary Committees] unless disapproved by concurrent resolution of the General Assembly, with the concurrence of three-fifths of the members of each House present and voting.”
  4. Utah’s constitution gives that state’s supreme court the power to “adopt rules of procedure and evidence to be used in the courts of the state.”  However, with respect to Rules of Procedure and Evidence, the legislature may make amendments upon a vote of two-thirds of all members of both houses of the Legislature.