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On
November 3, 1992, Arkansas voters adopted Amendment
73 to the Arkansas Constitution. The "term limits
Amendment" limited the members of the State House
of Representatives to three, two-year terms and Senators
to two, four-year terms. By 2000, this Amendment has
resulted in significant turnover in the members of
the Arkansas General Assembly. One unexpected impact
was the decrease in the number of lawyers serving
in the General Assembly.1 In 2000, the Arkansas Bar
Association created a legislative task force to examine
the legislative program of the Association and to
identify the ways in which the Arkansas Bar Association
could improve its impact on the law-making process
in Arkansas. The decrease in the number of lawyers
serving in the Legislature was identified as a growing
problem. After much debate and consideration of other
potential measures, the task force ultimately recommended
the formation of the Ark Bar PAC. The recommendation
included the proviso that the funds raised by the
PAC should be distributed only to Association member
candidates for election to the Arkansas Legislature.
The program would hopefully create a pool of campaign
funds to be used to successfully elect our peers to
office.
After this proposal
was implemented by the governing bodies of the Arkansas
Bar Association in 2004, fund raising activities began.
Although the total sums raised in 2004 were somewhat
modest, the PAC was able to make contributions to
nine lawyer candidates in their 2004 campaigns. In
2005, the response has been better but more participants
are needed in order to allow the PAC to make a more
significant impact for lawyer candidates.
Some have questioned
the stated purpose of the PAC and whether it is needed
at all. A recent article in the Arkansas Democrat-Gazette
questioned a need for such an organization. There
is no secret plan for lawyers to assume control of
the Legislature. A citizen-based legislature should
be made up of a cross-section of society, with members
of many different professions and occupations. The
life experiences of our legislators allow them to
address issues before the General Assembly from many
different points of view.
The concern of the PAC
is to attempt to maintain the level of participation
by lawyers in the House of Representatives and to
improve the participation level in the Senate. The
General Assembly adjourned with twenty lawyers serving
in the 100-member House of Representatives, a significant
increase over the 1999 Session, and two lawyers serving
in the thirty-five member Senate. In the legislative
sessions in the 1990's, the Senate was populated with
fourteen to sixteen lawyers in each Session, many
of whom served on the Senate Judiciary Committee.
In the 2005 Legislative Session, only one member of
this committee was a lawyer. Again, this is not a
clarion call for a Senate Judiciary Committee composed
of only lawyers. However, on issues which involve
the state judiciary and the administration of justice
in general, more lawyers should be involved in the
process.
Many articles have been
written about the need for lawyers in the Legislature
and the roles that are played by these legislators.
I commend to you the article by David Matthews in
the Fall 2002 Arkansas Lawyer and his "seven
good reasons why the presence of good lawyers in the
Legislature is essential to our State's future."
The points made by Mr.
Matthews illustrate the unique roles which can be
played by lawyers in the legislative process. Our
educational background, legal training and participation
in the dispute resolution process make lawyers uniquely
qualified for service in the Arkansas Legislature.
Finally, it must be
noted that lawyers are the ones who must work with
the enactments of the Arkansas Legislature on a day-to-day
basis. This should make lawyers' interest in the process
self-evident.
It has been said that
in many ways, a PAC is like a business. It is only
as successful as the level of support it receives
from the people whose interests it has been established
to serve. The Ark Bar PAC is in its infancy, therefore,
the initial support levels are to be expected. If
it is to remain a viable entity, much greater support
must be generated from our membership, both in the
numbers participating and in the dollars contributed
to the PAC. Membership is open to all. Your contribution
can be added to your annual membership renewal by
checking off a PAC contribution on your membership
renewal form. You may also contact the office of the
Arkansas Bar Association and sign up for PAC membership
anytime.
I had the privilege
to serve as Chairman of the Arkansas Bar Association's
Legislation Committee during four sessions of the
Arkansas Legislature. I received many calls from our
members concerning disbelief that our Legislature
could pass ill-advised legislation while our association
was supposed to be acting in the role of a watchdog.
I repeatedly reminded those callers of the decrease
in the number of lawyer legislators and how the advice
and counsel of lawyer legislators was not being heard
due to the decreased numbers. The same holds true
today. If we, as an association, desire to return
to the days when lawyers were serving in substantial
numbers in the Legislature, we must act. A contribution
to the PAC is not an imposition. It is a step in the
direction of returning this association to a position
where it can effectively make a positive impact on
the legislative process in Arkansas.
1.
In the 1999 General Assembly, six lawyers served in
the Senate
and seven lawyers served in the
House of Representatives.
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