Breaking: 14 Democrats given until 4 p.m. to return or be 'apprehended ... with or without force'

News of the north ^ | 3-3-11 | Editorial Staff

[Mozilla]

MADISON -- The 14 missing Senate Democrats have until 4 p.m. today to return to the Capitol or face apprehension tantamount to arrest “with or without force."

GOP Majority Leader Scott Fitzgerald (R-Juneau) ordered the apprehension of the senators who fled the state two weeks ago to Illinois to avoid a vote on Gov. Scott Walker's budget repair bill.

Republicans voted 19-0 to give the Democrats until 4 p.m. Thursday to appear before the Senate.

"They have pushed us to the edge of a constitutional crisis," Fitzgerald said. "We simply cannot have democracy be held hostage because the minority wants to prove a point."

The Senate also voted for a "call of the house," which is the mechanism used to compel senators to return to the chamber.

That means the Senate sergeant at arms Ted Blazel can "with or without force" and with or without the help of any law enforcement officers in the state to take them into custody and bring them to the state Capitol.

[ScottinVA]

So it’s just another toothless resolution in a long line of them this week.

They don't have jurisdiction anywhere else but WI. It's simply a state matter.

[Outraged At FLA]

Hearing rumors over at DU that one of the Senators is balking and may come back to “save 1,500” jobs. Don’t hold me to it, probably just CommunCrat BS but it is going around..

[in the wind]

Yes, I know that. Which makes it another in an ever growing line of toothless resolutions. My point is they should be legislating, producing bills for Walker to sign that accomplish something. Not standing in front of the cameras, stamping their feet. Their putting on a good show, but that is all it is.

[in the wind]

Yes, I know that. Which makes it another in an ever growing line of toothless resolutions. My point is they should be legislating, producing bills for Walker to sign that accomplish something. Not standing in front of the cameras, stamping their feet. They’re putting on a good show, but that is all it is.

[ScottinVA]

They’re putting on a good show, but that is all it is.

I completely agree. Instead of jumping to the nearest microphone they could find, the GOPers should've plowed into ever possible piece of conservative non-budgetary legislation on their wish list. They could've re-made the political landscape of WI for many years to come, but with each passing day, as they instead mug for the cameras and try to out-soundbite each other, those opportunities are waning fast. By now, they could've passed voter-ID, strict immigration and anti-abortion (for starters) bills. So, they need to go to the grindstone and get to work.. with or without the dems. The dems have made it clear they're going to flout the law, so the GOPers need to make them pay.

[Benchim]

Victory is very near and there shall be no mercy!!!!!

[NoRedTape]

The dim Dunces showing their true colors. We are Nation; a great Nation, divided. Schlub dims are in a faded world of their own. Very sad.

[OneWingedShark]

>Hey Dem-wits: Welcome the rule of law.
>Yes, it will be an arrest.
>Yes, it will be on your record.

As per the WI state Constitution it cannot be an arrest; Article IV, §15 — Exemption from arrest and civil process:
Members of the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.

Arguably they could be considered in “breach of peace” because of the protesters; however, that is dubious as the missing legislators were not among the protesters. A better route, IMO, would be to declare the seats vacated and act on the previous section; Article IV, §14 — Filling vacancies:
The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature.

[Yet_Again]

How Scott Walker can hit a home run:

Pass a law in Wisconsin that (1) makes the collection of property tax on any homestead by any entity illegal. As part of the law, write in the requirement that a supermajority will be required to repeal or modify it.

This will make the Governor a hero with the vast majority of people who just got a tax cut that makes it easier for them to stay in their homes...

...while instantly cutting the gravy train that funds these teachers, fire fighters, and rebel stormtroopers making massive layoffs inevitable.

[Gabrial]

“As per the WI state Constitution it cannot be an arrest; Article IV, §15 — Exemption from arrest and civil process:

Members of the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.”

I do not agree. I think they certainly could be be arrested. Per the above, they are not exempt from arrest if they commit a felony. And, per the statutes, it is a Class I felony to fail to perform a ministerial duty (such as the duty to show up for work).

Here are the applicable Wisconsin statutes:

946.12
946.12 Misconduct in public office. Any public officer or public employee who does any of the following is guilty of a Class I felony:

946.12(1)
(1) Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the officer’s or employee’s office or employment within the time or in the manner required by law; or

946.12(3)
(3) Whether by act of commission or omission, in the officer’s or employee’s capacity as such officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer’s or employee’s office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another;