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Democrats may be free to flee - constitutionally protected, says lawyer
Houston Chronicle ^ | July 25, 2003 | R.G. RATCLIFFE

Posted on 07/24/2003 11:56:33 PM PDT by Cincinatus' Wife

AUSTIN -- 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.

As redistricting nears death in the current special legislative session, Gov. Rick Perry has signaled that he may call another session as early as next week to try again to pass a bill.

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.

"I know a stalemate when I see one, and I know when Texans have had enough," Gallegos said.

The state House passed a redistricting bill in this session, but a Senate procedural rule makes it unlikely that chamber will be able to vote on redistricting. Lt. Gov. David Dewhurst has said the procedural rule -- which essentially requires a two-thirds vote to pass a bill -- will not be in effect if there is another session.

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.

Each special session costs taxpayers an estimated $1.7 million. Perry called the current special session at the urging of House Majority Leader Tom DeLay, R-Sugar Land.

DeLay and other Republicans say that the state's congressional delegation should reflect the Republican voting trends in Texas. The state now sends 17 Democrats and 15 Republicans to the U.S. House of Representatives.

Redistricting plans passed by the state House and by a Senate committee would results in election of as many as seven more Republican representatives in next year's election.

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."

DPS officers searched unsuccessfully in 1979 for a group of senators -- known as the Killer Bees -- who boycotted the Senate in a fight over a presidential primary bill. The senators evaded state troopers long enough to win the legislative battle, and the troopers' authority to search for quorum-busting legislators was not challenged in court.

Any Democratic effort to break quorum in an upcoming special session could be ground down by Perry's threat to call another 30-day session each time one ended.

But Sen. Bill Ratliff, R-Mount Pleasant, the only Republican openly opposed to redistricting, said the leadership's loss of the power to use the DPS to enforce a quorum might allow a walkout to work.

"If the DPS can't come get them, I suppose they can just go home," said Ratliff, who does not plan to participate in a walkout. "I don't know how you compel them, unless it's in handcuffs."

The question of a boycott or walkout in a second special session arises because Dewhurst has said he will not allow a Senate minority to block the redistricting bill on a procedural vote.

In the current session, the 11 Democratic senators and one Republican senator pledged to vote against redistricting are empowered because other legislation serves as a roadblock on the Senate agenda. A two-thirds vote of the 31 members is required to take a bill out of order.

But because redistricting would be the only issue on the call of a second special session, a simple majority could pass a bill in the Senate.

Perry has indicated he will call a special session quickly if this one fails to pass redistricting. Exactly when is unclear.

Craddick spokesman Bob Richter said about 50 House members are signed up to attend the American Legislative Exchange Council convention next week in Washington. The meeting of the conservative group features a speech by Vice President Dick Cheney and possibly a White House tour.

Sen. John Whitmire, D-Houston, said some senators are afraid Perry will call a new special session immediately after the current session ends on Tuesday, while Democratic senators are still in the Capitol.

"You get a strong paranoia or concern that they are going to sine die (adjourn) at noon and call us back an hour later so they can lock us up in here," Whitmire said.


TOPICS: Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections; US: Texas
KEYWORDS: redistricting
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1 posted on 07/24/2003 11:56:34 PM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
Constitutionally protected, or out of season?

IIRC, there's only a three Democrat bag limit in TX.
2 posted on 07/25/2003 12:03:22 AM PDT by cryptical
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To: Cincinatus' Wife
texans should surround the legislature building.

How about a radio station putting out a bounty on Texahomans?
3 posted on 07/25/2003 12:34:57 AM PDT by longtermmemmory (Vote!)
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To: cryptical; longtermmemmory
I think the salaries of these "public servants" should be permanently revoked.

Thu Jul 24, 7:36 AM ET - A different type of quick getaway - By Bud Kennedy, StarTelegram Staff Writer

To the Texas Senate:

Pack your bags.

Come home. Nothing happening in Austin is good for Texas, particularly not when Republicans would rather waste $56,000 a day than compromise with Democrats enough to get a redistricting plan passed.

Better yet, now's the time for the other senators to grab a summer vacation.

We could call them the Traveling Twelve.

Without them, there is no quorum in the Senate and no point in blowing any more of our money. The Republicans' win-at-all-costs approach has cost us perhaps $1.4 million and counting. [End]

4 posted on 07/25/2003 12:54:46 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
I'm a bit puzzled by this whole business. Is it really possible (or rather, legitimate) to force someone, even a public servant, to be present for a vote? It's almost Kafkaesque...

Snidely

5 posted on 07/25/2003 1:14:22 AM PDT by Snidely Whiplash
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To: Snidely Whiplash
I expect they must honor their obligation to be present to do the people's business. This is monkey business - democrats unwilling to play by the rules and acknowledge their minority status.
6 posted on 07/25/2003 1:20:33 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
This is the top headline on the front page of the Houston Chronicle this morning. It's accompanied by the ninth house editorial in the past two months decrying redistricting.

Their cheerleading for the Rats has gone beyond irritating to completely laughable.

7 posted on 07/25/2003 5:28:16 AM PDT by Dog Gone
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To: MeeknMing; deport
You have to read this.
8 posted on 07/25/2003 5:29:17 AM PDT by Dog Gone
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To: Dog Gone
Their cheerleading for the Rats has gone beyond irritating to completely laughable.

It parallels their campaigning for Mayor Lee P. Brown.

9 posted on 07/25/2003 5:59:27 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
As a long time resident of a northern Illinois suburb of Chigago (now living in Texas), I have seen the machinations of the democrats going back to Richard J. Daley ("Da Boss"). In Chicago, as in Texas, it was all about power.
The only difference is that in Chicago, the democrats had the votes. In Texas, the republicans have the majority of state-wide votes and control ALL state offices. Democrats in Texas, as well as nationally, don't want to admit that THEY LOST.
10 posted on 07/25/2003 6:11:23 AM PDT by orchid (Defeat is worse than death, you have to LIVE with defeat.)
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To: Snidely Whiplash
I'm a bit puzzled by this whole business. Is it really possible (or rather, legitimate) to force someone, even a public servant, to be present for a vote?

The Texas Constitution specifically authorizes the arrest of missing lawmakers if they are needed to achieve a quorom.

11 posted on 07/25/2003 6:24:20 AM PDT by Dog Gone
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To: Dog Gone
What's the bounty hunter laws in Texas? Can the legislature hire a few and let them be employees of the Legislature and go get the lost ones if they run? That way they wouldn't be apart of the other branch of Gov't.

12 posted on 07/25/2003 6:28:01 AM PDT by deport (On a hot day don't kick a cow chip...... only democrat enablers..)
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To: Snidely Whiplash

The Texas Constitution

Article 3 - LEGISLATIVE DEPARTMENT

Section 10 - QUORUM; ADJOURNMENTS FROM DAY TO DAY; COMPELLING ATTENDANCE

Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.
13 posted on 07/25/2003 6:30:42 AM PDT by deport (On a hot day don't kick a cow chip...... only democrat enablers..)
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To: Dog Gone
Holy Cow !

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.

"I know a stalemate when I see one, and I know when Texans have had enough," Gallegos said.

I know that I have enough !! Enough of the 'RATS obstructing ! I may send Perry and Dewhurst an e-mail: FULL COURT PRESS !!

Now back to finish the article . . .


14 posted on 07/25/2003 9:39:37 AM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Coming Soon !: Freeper site on Comcast. Found the URL. Gotta fix it now.)
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To: Snidely Whiplash
How about:
It's their JOB !!

15 posted on 07/25/2003 9:54:25 AM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Coming Soon !: Freeper site on Comcast. Found the URL. Gotta fix it now.)
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To: Dog Gone
Thanks for the heads up. I need to write to Perry and Dewhurst. Seriously.

This is a bunch of BS !! If need be, take it all the way to SCOTUS.


16 posted on 07/25/2003 9:56:47 AM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Coming Soon !: Freeper site on Comcast. Found the URL. Gotta fix it now.)
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To: MeeknMing
It's going to get really interesting next week in Austin.
17 posted on 07/25/2003 9:59:01 AM PDT by Dog Gone
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To: Cincinatus' Wife
How about this:

Declare the seats (of absent legislators) vacant and call for a special election.
18 posted on 07/25/2003 10:02:55 AM PDT by No Truce With Kings (The opinions expressed are mine! Mine! MINE! All Mine!)
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To: Snidely Whiplash
Is it really possible (or rather, legitimate) to force someone, even a public servant, to be present for a vote? It's almost Kafkaesque...

It's in the Texas Constitution. When that constitution was drafted, a provision was put in requiring a quorom to prevent a majority party from playing tricks on the minority party. But the provision requiring a forced vote was also put in there to prevent the minority from abusing the quorum rules to block legislation.

19 posted on 07/25/2003 10:06:12 AM PDT by dirtboy (Free Sabertooth!)
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To: yall
Here is a list of recent articles on Redistricting:

FR Search: Keyword "Redistricting"

07-24-2003
Democrats may be free to flee - constitutionally protected, says lawyer


07-24-2003
As new Texas redistricting map offered,
Dewhurst says compromise is in the air


07-23-2003
Committee passes redistricting bill (Texas)


07-23-2003
Texas Republican Senators Forge Ahead on Congressional Redistricting Plans


07-19-2003
[Texas] Senators talk of boycotting any redistricting session

Mr. Dewhurst said he would be on solid ground in working around the Senate tradition requiring a two-thirds vote to take up a bill. The late Lt. Gov. Bob Bullock, a Democrat, did the same thing in a 1992 special session on legislative redistricting, Mr. Dewhurst said.

07-18-2003
New map, same pain for Dems
(Texas Redistricting fun)


07-17-2003
New map surfacing in Texas Senate


07-16-2003
Dewhurst at crossroads on redistricting in Texas Senate


07-15-2003
Ratliff joins Democrats to oppose redistricting

The state Republican Party was quick to point out that the [2/3rd’s] rule has been abandoned on occasion – such as when the Senate took up a state senatorial redistricting plan in 1992.

07-09-2003
DROP IT -- Redistricting would benefit few Texans, harm many
(Editorial)


07-08-2003
Senators have problems with House redistricting map - Texas redistricting


07-08-2003
House passes remap
Veteran Democrats may lose seats if bill goes through Senate


Above article is worthy of showing that a picture indeed is worth a thousand words:
First the Chicken D’s run away to Ardmore, Oklahoma. That didn’t work, so here they are,
still having a fit during the Redistricting debate:


As King began his argument for the new congressional boundaries Monday afternoon, about 30 Democrats in the gallery donned white socks as hand puppets to mock King. Every time he spoke, the little white mouths flapped.

07-07-2003
TEXAS REDISTRICTING--Vote TONIGHT!


07-07-2003
Race rhetoric stokes Texas redistricting fire


07-07-2003
Tension may soar as map debate hits House floor - Texas redistricting


07-06-2003
House panel quickly passes Republican redistricting plan -
map likely to unseat six Democrats


07-04-2003
New GOP map restores (Rep. Martin Frost's) district


07-03-2003
Republicans pull proposed map - redistricting


07-03-2003
Chamber of Commerce and GI Forum Hire Temps to Testify


07-02-2003
The Great Texas Power Grab - redistricting


07-01-2003
Tx Democrats Trying Fight, Not Flight, Over Districts
(The-Terrific-Texan-Special-Session)


20 posted on 07/25/2003 10:08:02 AM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Coming Soon !: Freeper site on Comcast. Found the URL. Gotta fix it now.)
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