Page:Mendoza v. WIS International, Inc.pdf/8

 Williams, 2012 Ark. 75, 386 S.W.3d 493, wherein this court considered the constitutionality of a statute giving medical-care providers the privilege to refuse to testify as to certain matters. The issue in Bedell was whether Arkansas Code Annotated section 16-114-207 was unconstitutional. In Bedell, we held the following: "This court has specifically given the General Assembly the power to enact statutes regarding testimonial privilege. See Ark. R. Evid. 501 (no person has a privilege to refuse to testify or prevent another from being a witness "except as otherwise provided by constitution or statute") (emphasis added). Therefore, this section does not violate the separation-of-powers doctrine." Bedell, 2012 Ark. 75, at 17, 386 S.W.3d at 505. Mendoza asserts that our holding regarding Rule 501 should be applied to Rule 402, with the end result being that the legislature is empowered to determine relevance by statute based on the language "except as otherwise provided by statute." Ark. R. Evid. 402. Mendoza's argument contradicts our holding in Johnson that the legislature cannot enact a statute that "clearly limits the evidence that may be introduced." Johnson, 2009 Ark. 241, at 11, 308 S.W.3d at 142.

Bedell and Johnson are distinguishable. We have previously ruled that a statute granting a privilege is substantive law. ''See Cato v. Craighead Cnty. Circuit Court'', 2009 Ark. 334, at 9, 322 S.W.3d 484, 489 (2009) (holding that a statute granted a "privilege" to members of the organized militia serving military duty by granting them exemption from civil process). We held that the creation of such a privilege was substantive legislation.

In Rule 501 of the Arkansas Rules of Evidence, we granted the legislature the authority to enact statutes regarding privilege because the power of the legislature to enact statutes regarding privilege is substantive law and does not conflict with amendment 80 and