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July 25, 2003

More Signs of a Walkout

By Byron LaMasters

Charles has it covered. Yesterday several Democratic Senators were pretty open about their intentions:

Sen. Mario Gallegos, D-Houston, said he believes 11 of the Senate's 12 Democrats are committed to a walkout if they decide it is necessary to stop redistricting. He said he hopes Perry will back off and not call another special session.

And:

"I'm ready to walk," said Sen. John Whitmire, D-Houston, the Senate's longest-serving member.

And:

Asked to rate the possibility of a Senate walkout on a scale of one to 10, Whitmire jokingly replied: "About 11."

Then, with a straight face, he said: "I can only tell you it's a very serious option."


Meanwhile, the legal battle over what the DPS can or cannot do continues:


Democratic state senators contemplating a walkout to block congressional redistricting might be constitutionally protected from arrest by state police if they flee the Capitol, a lawyer has advised the senators.

Criminal defense attorney Keith Hampton also told the Senate Democratic Caucus that an arrest by a Senate sergeant at arms or a private security agency to force senators to the Senate floor for a vote might be prosecutable as kidnapping under state law.

"And it gets worse than that. If someone in the Legislature directed them to do that, there is the crime of conspiracy to commit aggravated kidnapping," punishable by up to life in prison, Hampton told the Houston Chronicle Thursday.

[...]

Fifty-five state House Democrats blocked redistricting in last spring's regular session by fleeing the Capitol to break quorum.

State troopers searched for those legislators, but state District Judge Charles Campbell, a Democrat, said earlier this month that he plans to rule in a civil suit arising from the search that it violated state law.

Attorney General Greg Abbott plans to appeal Campbell's order once it has been filed.

Dewhurst, who presides over the Senate, evaded questions about whether he would order the Democrats arrested if they broke the Senate quorum.

"I will continue to follow state law. I understand that (Campbell's) ruling has been appealed by the attorney general," Dewhurst said.

Campbell's ruling applied state law, and Hampton said it will provide a starting point for any challenge to Department of Public Safety authority to bring in legislators who break quorum.

House Speaker Tom Craddick cited House rules in ordering the search for the missing state representatives in May. House Sergeant at Arms Rod Welch deputized the Texas Department of Public Safety to conduct the manhunt.

Hampton said the Senate sergeant at arms has the authority to deputize individuals to return runaway senators to the floor to restore a quorum. But he said there is a question of what is legal enforcement and what becomes kidnapping.

"I don't know if they (Senate leaders) can do anything more than make a major effort to persuade them, because a senator has every right to say no," Hampton said.

"They (senators) may find going home and mowing the lawn more productive."

Senate Sergeant at Arms Carleton Turner declined comment.

DPS spokeswoman Tela Mange said the agency has not decided what to do, in light of Campbell's ruling, if Democratic senators bolt.

"If we are asked to help in rounding up folks, I'm sure we will call the attorney general's office and consult with our lawyers and see what they want to do," Mange said.

Abbott spokeswoman Jane Shepperd said no appeal has been filed because Campbell has not officially entered his order.

[...]

Hampton said if the Democratic senators decide to break quorum, then Campbell's ruling likely will be used as the basis for a Texas Supreme Court challenge on whether the use of state police to enforce Senate rules violates constitutional separation of powers.

Article II of the state constitution defines the three "departments" or branches of state government.

It continues, "No person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others."

The DPS, an executive branch agency, would become an arm of the legislative branch if drawn into the search, Hampton said.

"It has been conveyed to DPS and the executive branch that they would be in violation of the constitution were they to interfere in the affairs of one single House or Senate member," Hampton said.

"I don't think your law enforcement agents want to be enforcing some political positions."


I'll be waiting for the fireworks next week!

Posted by Byron LaMasters at July 25, 2003 11:39 AM | TrackBack

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