SJR9
A Constitutional Amendment Permitting The State Of Arkansas To Be Sued As A Defendant In State Court To Enforce Constitutional Rights Or As Otherwise Provided By Law.
Last Action (May 5, 2025): Died in Senate Committee at Sine Die adjournment.
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AI-Generated Summary
Senate Joint Resolution 9 proposes an amendment to Article 5, Section 20 of the Arkansas Constitution. The primary purpose of this amendment is to remove the current immunity that protects the State of Arkansas from being sued. If adopted, the amendment would explicitly permit the State of Arkansas to be named as a defendant in state court proceedings. This change would specifically allow legal actions brought for the purpose of enforcing constitutional rights or as otherwise permitted by law. As a constitutional amendment, the proposal requires approval by both houses of the Arkansas General Assembly and must subsequently be ratified by a majority of Arkansas voters at the next general election.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill would be Arkansas citizens and entities who believe their constitutional rights have been violated by the state. By allowing the state to be sued in state court, individuals would gain a legal avenue to seek redress, hold state government accountable for constitutional compliance, and potentially obtain judicial remedies that are currently barred by the doctrine of sovereign immunity.
Who Might Suffer?
The primary entity negatively impacted by this bill would be the State of Arkansas government itself, including its agencies and taxpayers. Removing sovereign immunity exposes the state to litigation, potential financial judgments, and increased legal defense costs. State officials and government operations may face greater scrutiny and a higher frequency of legal challenges, which could impact the state's budget and administrative processes.
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