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An Introduction To Legislative Advocacy for Government Attorneys
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The legislature is a diverse body made up of “citizen legislators”. There are 14 lawyer members of the Arkansas General Assembly By comparison, there are 18 farmers.
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Despite jokes to the contrary, lawyers are viewed as learned professionals in the legislature and are respected for their knowledge. That does not mean your job as a lawyer advocating at the legislature will be easier because you are a lawyer. To the contrary, it may be more difficult…
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Legislators do not. Legislators talk like Arkansans. Therefore you have to learn how to talk like an Arkansan, not a lawyer. Avoid legal terminology when possible, speak in every day English. Just because you deal with an issue every day, it does not mean legislators understand what it is you do.
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Part-time legislators are aware that you know more about a topic then they do. Do not remind them of this. Sound knowledgeable and respectful. Legislators are elected because they are viewed by their communities as being the best person to represent them. Honor that.
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Legislators in a session are busy. Your initial pitch to them on why they should vote a certain way needs to be under two minutes. Be prepared to talk in depth if they ask. In instances where an extended dialog is needed, schedule a meeting with them.
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Know the rules. The House and The Senate Have joint rules and separate rules. The rules are adopted every session and can be found online or hard copies are available from the parliamentarian. For instances not covered by rules, Mason’s Manuel of Legislative Procedure is used.
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Who comprises the committee you are working? Committee’s have personalities and tendencies. Know how they have treated bills that are similar to yours. Just because you’ve worked the committee before does not mean that it will have the same temperament this time.
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You do not need to be their friends, but you do need to have some idea of who you are dealing with. Use examples that they can relate to. Try to learn a few personal facts about them. Talk to them like they are PEOPLE, not votes!
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The Bureau of Legislative Research (BLR) has a bill drafting guide on their webpage. Use it. Use concise language. Remember that your bill will become a law that will be read years after you are gone. Draft for clarity. As you draft, anticipate questions the draft will raise. Syntax is most important! Understand BLR’s processes in drafting a bill.
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Find a member who cares about the subject of your bill. Try to get a member of the committee you are working to be a sponsor. Try to get a House and a Senate sponsor. When needed, get co-sponsors. Know when to avoid co-sponsors.
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First and Foremost, if you work for the Governor, does he support it? Is it controversial or non-controversial? Does it take specialized knowledge? Does it have a partisan slant? Timing is important; when should you run it?
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Never run a bill if you do not know the vote. Talk to each member and ask them directly to vote for your bill. If they will not commit, ask them to explain their hesitation and offer to address their concerns. Do not be afraid to amend the bill. Try to get commitments of support, but know these can change.
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Talk to the sponsor of the bill you are opposing first. Try to reach a compromise, if possible. Even if the member is rude to you, be as nice as possible back to them. Never, ever, ever take it personal. It’s politics and it’s business and it’s never personal… Unless it is personal, then try to mend the fence. If you can’t, then take your gloves off and fight.
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Political gamesmanship should only be a last resort. Win based on your arguments. Power is a formidable ally. Use it when needed, but use it sparingly. A hold on your budget simply means the member wants to talk. Don’t stress too much, they won’t defund your agency. Never put anything in writing that you don’t want on the front page of the paper, especially if it is an unkind word about a legislator.
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Information is the coin of the realm. Listen as much as you talk…or more than you talk. Avoid social media commentary on political topics. Remember that this is only one session. Try to avoid making enemies. You will have to work with (or possibly for) these legislators in the future.
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Don’t be afraid to ask questions. Talk to people who have been there and have experience. Always dress up, but don’t be afraid to be unique. Always, always, always tell the truth. If information is coin of the realm, your reputation is what earns you information. If you don’t know the answer, don’t be afraid to say you don’t know. Be earnest, sincere and most of all…
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Any questions?
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800.482.8982 oag@ArkansasAG.gov AGLeslieRutledge AGRutledge AGLeslieRutledge ArkansasAG AGRutledge Attorney General Leslie Rutledge
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