Northwest Arkansas Democrat-Gazette

Vote against Issue 1

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Voters in Arkansas are in danger of losing several of their constituti­onal rights on Nov. 6.

Unless voters defeat proposed Issue 1, they will lose the right to a jury trial to punish people who deliberate­ly or negligentl­y ignore injury to their parents, family or friends.

Big business, such as for-profit nursing homes and other wealthy people, wants to limit punitive damages awarded by Arkansas juries. The purpose of punitive damages is just that: punishment as now provided by law. When big business fails to provide required protection for their paying customers, juries can punish them with what the law calls punitive damages. These verdicts are based not on prejudice or bias, but on facts. If the facts aren’t sufficient, an appeals court can reduce or eliminate punitive damages. The present law is fair to all.

Proposed Issue 1 also allows the Arkansas Legislatur­e to attack our Arkansas Supreme Court’s rulemaking governance by altering its ability to make its own rules, not only for itself but for the entire Arkansas court system. In effect, the Legislatur­e could control everything except the governor’s office. Do you want the Legislatur­e to control every court in Arkansas?

Finally, big business wants to control the last line of defense against power—the lawyers. For 40 years until I retired, I fought for the average Arkansan who was injured by actions of big money and the Legislatur­e by way of the contingenc­y fee. This means the lawyer doesn’t get paid unless he’s successful for his client. Most Arkansans can’t afford several thousand dollars, in advance, to hire a lawyer, so they take what they can get. Sometimes that’s nothing and when they’re hurt, that’s not fair to little people who work from payday to payday.

Forty years of law practice has taught me that Issue 1 will hurt all except the rich folks. For your own sakes, vote against Issue 1 on Nov. 6. ORVILLE CLIFT

Tontitown

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