ARRA News Service
News Blog for social, fiscal & national security conservatives who believe in God, family & the USA. Upholding the rights granted by God & guaranteed by the U.S. Constitution, traditional family values, "republican" principles / ideals, transparent & limited "smaller" government, free markets, lower taxes, due process of law, liberty & individual freedom. Content approval rests with the ARRA News Service Editor. Opinions are those of the authors. While varied positions are reported, beliefs & principles remain fixed. No revenue is generated for or by this "Blog" - no paid ads - no payments for articles. Fair Use Doctrine is posted & used.
Blogger/Editor/Founder: Bill Smith, Ph.D. [aka: OzarkGuru & 2010 AFP National Blogger of the Year]
Contact: editor@arranewsservice.com (Pub. Since July, 2006)
    Home Page
   

One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Friday, March 16, 2018

Lawmakers Nearly Voted to Let You Unknowingly Waive Your Right to a Jury Trial?

Jerry Cox, Contributing Author: What a week! Let me tell you what happened at the Arkansas Capitol.

On Tuesday, legislators convened for a special session of the Arkansas Legislature. Two identical bills that caught our attention were H.B. 1006 by Rep. Bob Ballinger (R-Hindsville) and S.B. 5 by Sen. Jeremy Hutchinson (R-Little Rock).

In a nutshell, these bills made it possible for people to unknowingly waive their right to a jury trial when signing a contract. If a company wanted to, they could include language saying that you waive your right to a jury trial in any contract they make you sign—including contracts for admission into a nursing home or hospital, leases, insurance, loans, and so on.

The bills made the waiver irrevocable—meaning once you signed away your right to a jury trial, you couldn’t get it back.

The bills also said that you could not get your right to a jury trial back by arguing that you didn’t read the waiver, didn’t understand the waiver, or didn’t know you were forfeiting your right to a jury trial.

Our chief concern was that nursing homes would force residents to waive their right to a jury trial in order to live in the nursing home. If a grandmother were injured or killed due to nursing home neglect, she or her family would not be able to take her case before a jury.

The bills were filed at 9:00 AM on Tuesday. An hour later H.B. 1006 was in the hands of legislators on the House Judiciary Committee.

Our staff quickly analyzed the bill and drove to the Capitol. The bill’s ink practically was still wet when I sat down to testify in the committee room.

As politely as I could, I told lawmakers why we opposed the bill. “This affects old people,” I finally said. “How many old people in Arkansas even know this bill is being debated right now?”

Fortunately, the bill narrowly was defeated. Had Family Council not been there to oppose it, I am not sure what would have happened.

Several different lawmakers told me the legislation was prompted by a recent court case regarding a dispute over a loan. Lawmakers wanted to make it possible for borrowers and lenders to settle their differences outside of the jury trial system. Personally, I don’t object to that, but passing a blanket proposal that would let elderly nursing home residents and their families unknowingly sign away their right to a jury trial is just plain irresponsible.

After H.B. 1006 failed in committee, Sen. Hutchinson amended S.B. 5. He narrowed the bill so that it only applied to loans, and he took out the language about people being able to sign the waiver unknowingly and the waiver being irrevocable. We decided we could live with those changes, so Family Council quit opposing S.B. 5.

The amended version of S.B. 5 passed the Arkansas House yesterday and has gone to Gov. Hutchinson to be signed into law.

This isn’t the first time lawmakers have tried to take away Arkansans’ right to a jury trial.

Fifteen years ago Family Council spent almost an entire legislative session battling it out with members of the nursing home industry who wanted to shield themselves from lawsuits. At that time, they wanted to take away nursing home residents’ right to go to court. Our staff attorney, Martha Adcock, spent more hours than I can count working with lawmakers to defeat that bad proposal.

I am glad we were successful this week, and I am deeply grateful to the state legislators who helped defeat H.B. 1006 and amend S.B. 5 to address our concerns.

Sadly, this fight is not over. Rep. Bob Ballinger, a sponsor of the bill, plans to continue advocating for the passage of the portions of the bill that lawmakers rejected. Rep. Ballinger told lawmakers that work needs to continue in order to help the business community.
--------------
Jerry Cox is the founder and president of Family Council and the Education Alliance and a contributing author to the ARRA News Service.

Tags: Jerry Cox, Family Council, Lawmakers, Nearly Voted, to Let You Unknowingly, Waive Your Right, to Jury Trial? To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service and "Like" Facebook Page - Thanks!
Posted by Bill Smith at 5:30 PM - Post Link

0 Comments:

Post a Comment

<< Home


View U.S. National Debt

Don't miss anything!
Subscribe to the
ARRA News Service
It's FREE & No Ads!

You will receive a verification email
& must validate you subscribed!

You Then Receive One Email Each AM
With Prior Days Articles / Toons / More


Also, Join & leave conservative posts & comments on
Facebook.com/ARRANewsService


Recent Posts:
Personal Tweets by the editor:
Dr. Bill - OzarkGuru - @arra
#Christian Conservative; Retired USAF & Grad Professor. Constitution NRA ProLife schoolchoice fairtax - Editor ARRA NEWS SERVICE. THANKS FOR FOLLOWING!

Action Links!
State Upper & Lower House Members
State Attorney Generals
State Governors
The White House
US House of Representatives
US Senators
GrassFire
NumbersUSA
Ballotpedia

Facebook Accts - Dr. Bill Smith
Pages:
ARRA News Service
Arkansans Against Big Government
Alley-White Am. Legion #52
Catholics & Protestants United Against Discrimination
End Taxpayer Funding of NPR
Overturn Roe V. Wade
Prolife Soldiers
Project Wildfire 4 Life
Republican Liberty Caucus of Arkansas
The Gold Standard
US Atty Gen Loretta Lynch, aka Eric Holder, Must Go
Veterans for Sarah Palin
Why Vote for Hillary (Satire)
FB Groups:
Arkansas For Sarah Palin
Arkansas Conservative Caucus
Arkansas County Tea Party
Arkansans' Discussion Group on National Issues
Blogs for Borders
Conservative Solutions
Conservative Voices
Defend Marriage -- Arkansas
FairTax
FairTax Nation
Arkansas for FairTax
Friends of the TEA Party in Arkansas
Freedom Roundtable
Pro-Life Rocks - Arkansas
Republican Network
Republican Liberty Caucus of AR
Reject the U.N.

Patriots
Exchange
Links

Request Via
Article Comment

Links to ARRA News
A Patriotic Nurse
Agora Associates
a12iggymom's Blog
America, You Asked For It!
America's Best Choice
ARRA News Twitter
As The Crackerhead Crumbles
Blogs For Borders
Blogs for Palin
Blow the Trumpet Ministry
Boot Berryism
Cap'n Bob & the Damsel
Chicago Ray Report - Obama Regime Report
Chuck Baldwin - links
Common Cents
Conservative Voices
Diana's Corner
Greater Fitchburg For Life
Lasting Liberty Blog
Liberal Isn't Amy
Marathon Pundit
Patriot's Corner
Right on Issues that Matter
Right Reason
Rocking on the Right Side
Saber Point
Saline Watchdog
Sultan Knish
The Blue Eye View
The Born Again Americans
TEA Party Cartoons
The Foxhole | Unapologetic Patriot
The Liberty Republican
The O Word
The Path to Tyranny Blog
The Real Polichick
The War on Guns
TOTUS
Twitter @ARRA
Underground Notes
Warning Signs
Women's Prayer & Action
WyBlog

Editor's Managed Twitter Accounts
Twitter Dr. Bill Smith @arra
Twitter Arkansas @GOPNetwork
Twitter @BootBerryism
Twitter @SovereignAllies
Twitter @FairTaxNation

Editor's Recommended Orgs
Accuracy in Media (AIM)
American Action Forum (AAF)
American Committment
American Culture & Faith Institute
American Enterprise Institute
American Family Business Institute
Americans for Limited Government
Americans for Prosperity
Americans for Tax Reform
American Security Council Fdn
AR Faith & Ethics Council
Arkansas Policy Foundation
Ayn Rand Institute
Bill of Rights Institute
Campaign for Working Families
CATO Institute
Center for Individual Freedom
Center for Immigration Studies
Center for Just Society
Center for Freedom & Prosperity
Citizens Against Gov't Waste
Citizens in Charge Foundstion
Coalition for the Future American Worker
Competitive Enterprise Institute
Concerned Veterans for America
Concerned Women for America
Declaration of Am. Renewal
Eagle Forum
FairTax
Family Research Council
Family Security Matters
Franklin Center for Gov't & Public Integrity
Freedom Works
Gingrich Productions
Global Incident Map
Great Americans
Gold Standard 2012 Project
Gun Owners of America (GOA)
Heritage Action for America
David Horowitz Freedom Center
Institute For Justice
Institute for Truth in Accounting
Intercollegiate Studies Institute
Judicial Watch
Less Government
Media Reseach Center
National Center for Policy Analysis
National Right To Work Foundation
National Rifle Association (NRA)
National Rifle Association (NRA-ILA)
News Busters
O'Bluejacket's Patriotic Flicks
OathKeepers
Open Secrets
Presidential Prayer Team
Religious Freedom Coalition
Renew America
Ron Paul Institute
State Policy Network
Tax Foundation
Tax Policy Center
The Club for Growth
The Federalist
The Gold Standard Now
The Heritage Foundation
The Leadership Institute
Truth in Accounting
Union Facts



Blogs For Borders

Reject the United Nations

Presidential Prayer Team

Thousands of Deadly Islamic Terror Attacks Since 9/11


FairTax Nation on FaceBook
Friends of Israel - Stand with Israel
Blog Feeds
Syndicated - Get the ARRA News Service feed Syndicated!
ARRA Blog Feed

Add to Google Reader or Homepage

Add to The Free Dictionary

Powered by Blogger


  • To Exchange Links - Email: editor@arranewsservice.com!
  • Comments by contributing authors or other sources do not necessarily reflect the position the editor, other contributing authors, sources, readers, or commenters. No contributors, or editors are paid for articles, images, cartoons, etc. While having reported on and promoting principles & beleifs beliefs of other organizations, this blog/site is soley controlled and supported by the editor. This site/blog does not advertise for money or services nor does it solicit funding for its support.
  • Fair Use: This site/blog may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. Such material is made available to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. This constitutes a 'fair use' of such copyrighted material as provided for in section Title 17 U.S.C. Section 107 of the US Copyright Law. Per said section, the material on this site/blog is distributed without profit to readers to view for the expressed purpose of viewing the included information for research, educational, or satirical purposes. Any person/entity seeking to use copyrighted material shared on this site/blog for purposes that go beyond "fair use," must obtain permission from the copyright owner.
  • © 2006 - 2020 ARRA News Service
Creative Commons License
Creative Commons Attribution Noncommercial Share Alike 3.0 Unported License.