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Legislation

At the 1787 Constitutional Convention there was a proposal to limit the standing army to 5,000 men. George Washington sarcastically agreed with this provision as long as a stipulation was added that no invading army could number more than 3,000 troops.

Sometimes, legislatures just do not get it.

That is why McCutchen & Sexton – The Law Firm co-founder Joey McCutchen has broadened the scope of his advocacy from courtrooms to the chambers of the state legislatures. Protecting the rights of individuals is Joey’s passion, which is evidenced by the statewide impact of his legislative activities.

Joey has been actively challenging legislation that hurts the people and Arkansas of Oklahoma and helping draft fair legislation that protects the rights of consumers.

In 2001, Joey McCutchen spoke against HB2411, which severely limited nursing home residents’ rights. Joey tirelessly called on the state capitol until the bill was defeated.

In 2003, Joey McCutchen opposed HB1038, which later became signed into law as Act 649, “The Civil Justice Reform Act of 2003.” Joey argued that the bill compromised the constitutional rights of injured people, and testified before the House Judicial Committee outlining its unconstitutionality and offering the alternative of “Insurance Reform.” Finally, in 2009, the Arkansas Supreme Court ruled that two sections of Act 649 were unconstitutional.

In 2005, Mr. McCutchen testified on behalf of SB43, which later was signed into law as Act 490, the “Any Willing Provider” law. The bill protects consumer rights to choose medical providers rather than being financially forced by insurance companies to seek care from pre-selected providers. Joey demonstrated that while insurance company CEOs were being paid millions of dollars in salaries and bonuses, consumers were being treated unfairly by strict insurance reimbursement restrictions placed on their healthcare services.

In 2009, Joey McCutchen drafted a bill which became SB251 and was sponsored by Senator Denny Altes. The bill protected consumers from predatory marketing practices of various professional services by placing a 30-day waiting period for motor vehicle accident reports to be used for contact purposes. At the time, many accident victims were receiving solicitations in the mail and by door-to-door callers immediately after an auto accident, while they are most vulnerable. Although SB251 did not become law, Joey lobbied tirelessly but faced monumental opposition from those who prey on accident victims.

During the 2009 Regular Session, Mr. McCutchen also supported SB217, a law requiring mandatory chemical testing of drivers involved in accidents that caused death or the likelihood of death. The bill was signed into law as Act 423 of 2009.

Also in 2009, Joey devoted time and attention to HB 1013. The law improves the safety of roads for all drivers by prohibiting drivers from using handheld wireless telephones to engage in text messaging. A version of the bill was signed into law as Act 181 of 2009.