Judiciary Committee - Senate

Meeting so we won't be here very long we're going to introduce some on or yes we have with us today first of all I want to say welcome. That would for descend on that will be sent a lot of you are on a regular basis because I recognize a lot of places that of same before not served on this committee for eight years so thank you for being here today of first thing I wanna do is introduce my co chair Senator flowers you anything say. Well as I do. Good morning. Glad to be here. I was a. Upstairs visiting with some international visitors from the. US department of state's leadership program they were from different parts of Africa and it was my pleasure they have a lot of interest that this committee deals with so hopefully you all get to see them later and say hello to all but I look forward to the work of this committee this year. Thank you senator flowers in fact I talked to the state department and this group from Africa and the three interpreters are later about them being in that is schedule conflicts so maybe we can see in my before the end of the meeting but before going further on each member if you will to just state your name and the district you represent anything you want to say about yourself. bart Hester that represent about a third of Benton County and the first time on this committee look for to. I district six hot springs Garland County we'll be disallowing County. Alan Clark district seven sling County Garland County Hot Spring County Greene County. Clarke Tucker district fourteen which we're in right now so I'd like to welcome everyone to Senate district fourteen which covers downtown little rock through midtown out the west little rock. Ben Gilmore district one which comprises most of Southeast Arkansas down from White Hall of way down to the Louisiana line over the Mississippi. A good morning Terry Rice district five of the district all or parts ten counties is within eighteen miles of shin all parkway the Oklahoma border from Portsmouth to Kirby Arkansas you huge rural area Also it served on Judiciary this will be the thirteenth out of starting the fifteenth year enjoy Judiciary G. Hodges judiciary and I can say it correctly sometime Never thought I would want to be on it but I saw people is on it and I think. appreciate. Calling Senator Tucker we used to be full of lawyers and now what they're more rare but I think of some good the variety of viewpoints is always good were dating with concerns that affect our citizenry thank you. I'm not sure Senator Rice couldn't pass the bar exam is banners along. Anyway to the more important people that we could not operate without it probably a three ring circus with Adam they stood they've been with me for eight years and city county local in this barber Brown Marat and Cantor NO a can or north I'm not you know you're not getting a north can also invite. A lawyer. Thank you senator well. All right we're gonna go around the room. We're going to go around the room and we'll start over here and just to have people introduce themselves that are going to be here on the regular semi regular basis and there is some self. Yes hi pardon pardon me just a minute hold on just a second I'd promised Chief Justice Kemp because I know he's on a tight schedule and I almost forgot this we are honored this morning to have a Chief Justice camp here and also the honorable Attorney General Tim Griffin is here with us this morning just say a few words of judge camp if you want to start out we appreciate you being here. Thank you of chairman Stubblefield appreciate the invitation to be here of apologize for my voice is like to change the weather's kind of gotten to me but hopefully I'm not danger to anybody. what kind of introduce myself to everyone I was born and raised in Mountain View graduated high school there. And after I graduated law school I went back to Mountain View and started to practice in nineteen seventy six and then in nineteen seventy seven was appointed by the governor has municipal judge for Mountain View Stone County or a servant and a half years following that collected a circuit judge or a service for thirty years. In the S. sixty judicial district which was independence Cleburne stone is written for counties and then in twenty sixteen I was elected as Chief Justice may have been serving for six years in that capacity. So the opportunity to serve in all three levels of their judicial branch the District Court in which at that time known as municipal court which is a traffic court misdemeanours small claims. Then there's the a circuit court a court of general jurisdiction we have civil criminal domestic relations probate and juvenile jurisdiction and then of course appellate jurisdiction on the Arkansas Supreme Court. So the I guess as unique perspective of serving all three levels of our judicial branch which has been helpful for me as Chief Justice. During the past the last twelve years of my service as a circuit judge has served as a drug court judge and I currently serve as chairman of the especially court program advisory committee or we set standards for specialty court's. Such as juvenile drug courts adult drug court said that strict records and we're looking with your sister city expansion of some of specialty courts such as a domestic violence courts. I just wanted to appear today to mention to you thanks any way that we can be helpful for you this was present providing any information about the process procedure for courts or the. Right down over course and the different levels I believe Marty Sullivan the director of administrative office the courts has given Barbara I hand out for you that listing or a District Court judges across the state and also list have circuit court judges so you can see for your own districts what to who the judges are in that district I would encourage you to try to go to their course to observe the courts or set up a meeting with them or contact Marty and he'll assist in setting up a meeting if you'd like to do with any of those judges to gain greater knowledge about their courts. Something to address the I guess it was two sessions ago was coffee with the chiefs so I didn't get a chance to do that to the last session because the code but I'm going to try to start that up again this session so it's a problem Wednesday morning early have coffee available the available to visit with you come back to have a Cup of coffee I don't have any agenda we just opportunity to get to know each other better and so if you the opportunity stop by. So again thank you for this opportunity to appear can introduce myself and like I say if there's anything that we could do to assist you in of becoming more knowledgeable about the court system you'll feel free to contact me or Marty would be glad to hopefully provide that for you thank you thank you judge camp and if any of you haven't visited the Justice Building I would encourage you to go over because it's it's a beautiful building they're doing a lot of work over there and I'm sure Marty would be glad to give your due the Justice Building by the way I did give judge camp since China has such a choke hold on or antibiotics and decongestants nowadays and we can only give him that I gave him home remedy that I think would work real good it's when you suspect taking. When you sent back in the eighteen hundreds nobody's died yet so. All right the. Attorney General the honorable Tim Griffin. Thank you chairman thank you vice chairman felt like old home week. It's good to be back up down here in the Senate and I appreciate you all give me a few minutes to to say a few words I want to just first of all say that I completely understand and embrace the role of the legislature with regard to the AG's office I understand constitutionally your role I was on the Judiciary Committee and and house representatives in Congress and I respect your oversight role I respect the role that you play in helping us find our office and and do what we have to do and saw I want to say that up front let you know that we will be working cooperatively with all of you all and if there's ever anything that you have a question about your understand why we would do something. Just call me call me tex me all you have my cell phones or at my cell phone already and I also got some great staff that it could help us draw down on some of the stuff the other thing I would say aye. We're all in this together when we have to spend a ton of money in court it's taxpayer dollars if we can sometimes can't avoid that defending laws what have you but if we can. Spend less by working on the bill. Over here helping you all help get it right and getting it to so that we have a. Less chance of being challenged better chance of winning when it is challenge I think that's just smart use taxpayer dollars to do the work on the front end we are ready to help in fact this afternoon at two o'clock so my staff or a meeting with senator Elliots representative over here on some bills to help navigate an issue or two and so we want to do that we want to we want to be really engage with you all I'm gonna be extremely engaged the legislature because I understand how. Order the role your role as and and I respect that in just want to know that anytime you want to talk about anything I'd love to do that obviously will be working very closely with the governor and and and her staff as well and I just think that to the extent we can all be on the same page as much as possible that's going to be helpful. A I am working on criminal justice reform a public safety issues with a number of you and look forward to continuing to do that I will say this I know chairman you've been really interested and and in China tictoc low way in law these technology companies that or rich they're based in China I have been. Very aware of the role that China plays technology for a long long time because in the military we get briefings on this and I just want to say to your credit this is not some scrolling issue on cable news the topic of the day this is a serious serious matter that people in the intelligence community and in the military I've known about for a long long time the public generally has not known what's going on but but China is not your friend and aw and we need to be concerned about a lot of these technologies particularly. Like me who have three young kids and so when applaud you for what you're doing there I understand a lot of this is primarily at the federal level and and I deal with a lot on the military side but there is a role to play because we do not want states to be seen as the soft underbelly that is not protected the way the federal government is and some anyway so applaud what you doing on that I think that there there's a lot more to be said about that NO be a lot more to be done on these China technology issues. Down the road but I appreciate you at a minimum German raising awareness on this issue because it is not just the topic of the day up for people who watch cable news this is a really big deal and it impacts most Americans anybody that has one of these attached to them like I do and that's most of us and so I appreciate that Also I'd like to talk a little bit do it don't have a couple more minutes Sherman oaks okay I like talk a little bit about the culture of our office the AG's office. I understand and therefore I'm demanding that everybody in my office understand just like one Senator Gilmore work from many years ago before he was a highly esteemed Center Gilmore now work for him I've always work for the people of Arkansas but let me just say that it is imperative that everybody in my office I understand that we must respect spending of taxpayer dollars and it doesn't matter whether it comes from the taxes people pay or the litigation that we win using tax money we're going to respect that money so I'm going through the budget announce to figure out or what we can say I know there's been great concern about past spending. With the public service announcements. That's going to happen on my watch it in the way that it did and so we're making significant significant changes there and I'll be announcing more on that later the other thing that I would tell you I know the lot of you have had great concerns about leg audit recommendations reports referrals going to prosecutors in some times. They don't get any action. And I've heard from several of the about that and I've already met with with with will Jones The New prosecutor here Pulaski County Perry County he's good friend we are going to work seamlessly on a lot of this stuff I think sometimes the problem is for a lot of different things going on in our prosecuting attorneys do amazing job but they're they're overwhelmed with the number of crimes that they're dealing with and they have to prioritize. In other instances there may be a conflict in a small community where everybody knows each each other so there are a lot of different reasons why some of these lag on it recommendations referrals have not been pursued so what will not have talked about is the fact that the law currently allows for the AG's office to pursue a leg audit case when the prosecutor decides not to the biggest challenge has been. Communication. Because when a prosecuting attorney gets that packet from like audit. We don't get that. We may find out about it but we don't get that so we don't know to track that one right now we may have seen some hearings or something but generally we don't know to track that so there's gonna be. Lots of communication of already been over to the plaza prosecuting attorney's office to to will Jones office mad about this staff to staffing and and will to me and we're going to communicate seamlessly on these issues so if he's not going to pursue it then we'll talk about whether we should pursue it and sometimes we have capabilities resources that may be a prosecuting attorney somewhere else may not have one thing that we are wanting to do and I think I've already spoken with some senators about this simple little fix to the law where. When that Legarda report goes to the prosecutor the relevant prosecutor we get C. seat on it that way we know that that has been issued and we can pick up the phone and call that prosecuting attorney I think that little change will make a huge difference because there's been a lot of frustration from senators at least I've heard it we're gonna fix that by communication and and maybe get the old tweak into the law So also want to mention I have some staff here got some great folks that are working with you all here the legislature I'll be over here a lot if you'll let me of I'll be down having breakfast and hang it out and I'll come over anytime you need me to talk about issues talk about whatever but Alex Benton Alex business my system AG for inter governmental affairs she's Allen all the state federal of affairs A. as well as municipal council her focus right now is the the session Alex you stand up. She's assistant AG she knows what she's talking about she's awesome she's a rockstar really really really happy to have her on staff and you'll see around here a lot so please feel free to to grab her call or Joseph Luedtke is not here because he's sick today but I want to mention him he's assistant Attorney General for criminal division he's open with this committee during session and who will be around this Adam Jackson who is here. Assistant AG four from the criminal division and he'll be helping out here's what course you can always call me I'm probably gonna ask Alex to help but you can always call me text me and we'll be happy to help you in anyway so I appreciate your time look forward to working with you subject to your questions. But anyone have any questions for the AG. Thank you turn general would chase you being here today I also I also appreciate your involvement in and to talk Especially the national security issues involved around that time but also you know former secretary of state Mike Pompeo gave a stern warning to parents about what does that was doing to two small children especially girls and the things that they were putting out to store are you so I'll let my kids only. I already said no and I said no thank you Sir. All right we're going to start. We can gain some name that we've changed the people so we start right here if you were to go around the room introduce yourself. Just introduce yourself of. All. Arkansas thank you for being here we may need you for this. Thank you so. You will. I want. Bills. Prosecutor. Hi. No words. The. The she's. Held. Our seniors. Is. All. Make sure that we're here to help question of Legislative. I'm. Hello. Services. I have legal side of the. Our is one twenty two personal or. Licensing. The staff budget legislative affairs. All the so. All your questions. Thank you. The. Got it. Our. Your house. We're going to start on the on the first row. Where cross. Jackson at the office. I will also price. All right. The sound is. I'll always answer. I thank you I think we already have your number we're gonna make sure each member gets it so thank you for. Arkansas. All possible. Our radar. Das recht. All. Works. All the you Marty. Warren Mr. Corrections. Los. A wrecker. All. Operation. Welcome we we're glad you're here today I've been looking forward to meeting you. You've got your hands full. Thank you for being here your inner staff. Gonzales. Welcome. Yes on the wires I. So it's five of. Eight five seven eight. Make sure you get all these governor's office people written down. House. That. Red or. Per. Thank you for being here. Is is that now we've got side where. Yeah let's move up. Rob. Well Arkansas we. They are after all right. This report is seventy Mark. As used. S.. Also. Thank you Sir. Or certain. Bills. Also. Mission. Also. Policy. Arkansas. Slobs. Okay is that it. All right thank we have about six senators who want to file tort reform bills if the trial lawyers would meet over here on this side. So we can get all the all together a. No if the members would if the members would look over the rules just for a second I'll give you a second before we vote on those make sure you we do have a rule in there that no verbal amendments will be allowed. In this committee. Senator Clark. Please term you might to amend that that we are allowed to make technical a technical of. Amendment spoke of punctuation or one two three words within the committee for the second time are we have a motion to make technical corrections. Second. I have a second any discussion on the motion. Senator Clark. Tucker thank you just a question I just want to because when you say one two three words sometimes that can make a huge difference in the and in the meaning of a bill so if we talk about punctuation I'm I'm I got no issue there and if it's just for limited only to where year to technical corrections you're not changing the meaning of a bill that I'm good I just want to clarify the kind of the extent to which the motion's may. That's just what I said and it can make a difference but of it's always up to the committee and that's what we've done in the Judiciary Committee for the last two sessions. Without any problems. Are any other questions on the motion. SKUs flowers. I'm wondering how difficult it would be for drafters I think. We we need to understand that because. If it's amended in the committee. Then I think the bill will have to go to the floor. To be approved as amended. Bill. I'm not sure how that works in. I. Is it possible for us to come back to that particular motion. that senator Clark is made and adopt the rules without it. Today so that we can find out what the difficulty of any it would pose to the staff. A manner that would be prudent Mr chairman I speak yeah let me interject something real quick and then I'll let you speak Senator Clark so. Mr cook apartment during regular recommended against any verbal amendments. Of any kind what would be punctuation marks or anything that was his recommendation I'm just stating the what he says so it's up to committee decide. In answer to Senator flowers question any amendment is handled the same on the floor there still has to be an amendment. and it still has to be adopted. Right. Senator flowers. You know. I think. We've taken Much effort to be transparent to the public. So if we change words. That has the ability to significantly change a bill. With no notice to the public. I just don't think that's where we want to go and I think that's country already. To transparency so I would not want to adopt such an amendment in terms of the we're it's. Change. Are any other discussion on the motion Sir Clark the motion again was technical corrections where we catch. words and punctuation that. Our technical in nature it saves people week of just to fix it of and be able to move on we're not talking about. Anything that of would not be transparent we're not talking about anything substantial and the Committee always rules. Our SunTrust. Follow up that because we have done that before that was my point I want to make in the said it in the committee agrees or or not and and I think we've given deference to committee members I wish they had a problem with it was awarded to the same more substantive that that committee member capacity it's not be so we voted no support committee does at that time if there's an objection. Our. Any discussion on the motion. I have a motion to pass. I have a motion to motion and a second. All those in favor say aye aye All opposed. Motion carries. All right of I need a motion to adopt these rules. With the men as amended. Motion I have a motion to adopt the rules is amended. A discussion on the motion. All in favor of adopting these rules as amended. Hi I'll close. Our. Motion carries. Nicks. Okay we're gonna We will start hearing bills money morning ten o'clock it'll be our first meeting will actually hear bills. Leave this coming Monday. major ten o'clock right here in this room Mondays Wednesdays This Is committee will meet on Fridays inmate on Mondays and Wednesdays. Senator flowers you're recognized do we have any bills that have been I don't see any on the. Yes we have. Four what would we gonna get a copy of the. Are you gonna passes out today. I mean which ones are on their. We could pass it up to him. She can send it to anyone. But it'll be posted online for the public would you be. The what are you going to side with these people whatever bills whatever bills are are decided to be on the agenda for money will. We'll put them on the agenda. But I know there's I know there's three or four three four at least it's going to be on the agenda. Because I've talked with House sponsors of the bills. This. To be. What what Austin will send you an email out send your name and I'll tell you which bills will be on the agenda for money. When will the public no a committee the bill or. To the. Right to. Yeah it'll be two days before the meeting. They will get in two days before the meeting so released last Saturday right yeah so that we can for them today yeah. Any questions about this any other questions. All right anyone else have anything else to say. Judge camps already mentioned that that tonic for throat so. A. With nothing else nothing else to add we are germane to Monday morning. Ten o'clock.