Lawyers questioned on immunity ruling

Sen. Jeremy Hutchinson, R-Little Rock, quizzed state attorneys Wednesday about the impact of a recent high court decision over “sovereign immunity,” as the attorneys defended their offices against monetary claims that were being reviewed by lawmakers.

Hutchinson, who is a private attorney, serves as the vice chairman of the Joint Budget Committee’s Claims Subcommittee, which reviews decisions by the state Claims Commission.

In a recent ruling, the Arkansas Supreme Court said the Legislature could not waive the state’s immunity from lawsuits and directed monetary claims to the commission.

Hutchinson asked a Department of Community Correction attorney — who was arguing that the commission didn’t have the authority to hear a civil rights complaint by a former prisoner — whether she would make the same case in a state court, thus eliminating two avenues of relief for plaintiffs. The attorney, Amber Schubert, said she would not raise a sovereign immunity defense in state court, and noted that inmates can also sue in federal court, which is not bound by the decisions of state justices.

Hutchinson, who has spoke critically of the state Supreme Court’s decision in newspaper reports, said Wednesday that he believes the court’s opinion has a more far-reaching effect than state attorneys are acknowledging.

— John Moritz