Judge: DPS can't track lawmakers (Runaway Texas Democrats)

Dallas Ft. Worth Star-Telegram ^ | July 11th, 2003 | Jay Root

[Sabertooth]

Judge: DPS can't track lawmakers

By Jay Root

Star-Telegram Austin Bureau

(Lon) BURNAM

(Tom) CRADDICK

AUSTIN - If lawmakers boycott the Texas Legislature again to block redistricting or anything else, the state police would have no authority to hunt them down and bring them back, a state judge ruled Thursday.

The finding, which caught state leaders by surprise, was in response to a lawsuit filed in May by Rep. Lon Burnam, D-Fort Worth. Burnam had sued the Texas Department of Public Safety to stop what he alleged was the illegal destruction of documents that had been gathered during the hunt for the quorum-busting Democrats, most of whom fled to Oklahoma, for four days in May.

State Judge Charles Campbell dismissed Burnam's underlying complaint, but agreed with his lawyers' contention that the DPS "lacks legal authority to track down and arrest" legislators who break a quorum.

"The reasoning behind these rulings is that section 411.002 of the Government Code defines, and therefore limits, the role of DPS to 'enforc[ing] the laws protecting the public safety and provid[ing] for the prevention and detection of crime.'"

House Speaker Tom Craddick, R-Midland, got the DPS involved in the May search-and-arrest mission by invoking House rules. The rules say that absent members can be "sent for and arrested" by the sergeant-at-arms or "an officer appointed by the sergeant-at-arms for that purpose."

But Campbell, a visiting judge who once served on the Court of Criminal Appeals as a Democrat, said the House rule is "unfounded because it is superseded by section 411.002." The ruling was in a letter issued Thursday, and Campbell instructed the lawyers to draw up an order reflecting his findings.

Burnam hailed the ruling as "major vindication." The DPS, as well as aides to Craddick and Republican Gov. Rick Perry declined to comment while they study the ruling. Attorney General Greg Abbott, a Republican, is considering an appeal.

"The court has ruled in favor of DPS on all issues related to document destruction and dismissed the case," Abbott spokeswoman Jane Sheppard said. "Interestingly, the court also ruled on an issue that was first raised the morning of the hearing and was not briefed or argued by the attorney general's office. We are considering an appeal on that issue."

In mid-May, more than 50 Democrats broke a quorum during a regularly scheduled session of the Legislature. With fewer than 100 members present, the House was unable to consider a congressional redistricting bill designed to increase GOP strength in Washington.

In response, House leaders issued a "call on the House," locking the doors and instructing the DPS to arrest absent members and bring them back until a quorum was reached. A massive dragnet ensued, eventually involving three DPS divisions, over 300 troopers and Texas Rangers, an obscure plane-hunting division of the U.S. Department of Homeland Security and the Federal Aviation Administration.

The truant Democrats called themselves the "Killer Ds," modeling their boycott after a similarly named group of Democrats boycotted the Senate in 1979. Those "Killer Bees" had also invited the wrath of the DPS after protesting a bill designed to shore up conservative Democrats and the presidential candidacy of the Republican John Connally.

In each incident, the quorum-busters successfully killed the legislation they wanted dead. But in the case of redistricting, Perry has called the Legislature back into special session, and the GOP-controlled House has already approved a bill that would produce up to six new Republican congressional seats.

"If this ruling had come out two weeks ago, we might have gone to Ardmore again," Burnam said. "It's major vindication as far as I'm concerned."

Burnam's lawyer, Art Brender, chairman of the Tarrant County Democratic Party, said the ruling could have a tremendous impact on the redistricting debate in the Senate.

Specifically, several on-the-fence state senators have expressed concern that they could join the 21-vote supermajority required in that chamber to bring up a redistricting bill -- only to have a bill they firmly oppose come back from a joint House-Senate conference committee. In that case, only a majority is needed, and Republicans control the chamber, 19-12.

If that happens, breaking a quorum would probably be the only tool that opponents have to kill the bill.

"There could well be another quorum situation, but you wouldn't have to go to Ardmore," Brender said. "You could just stay in Muleshoe or El Paso or Beaumont or wherever."

Republican Party spokesman Ted Royer said the political costs of another walkout would be too high.

"I think the Democrats learned their lesson from the last walkout, with the tremendous amount of outrage expressed by the people of Texas, and they would be foolhardy to try it again," he said.

One of the Killer Bees from the Senate class of 1979, U.S. Rep. Lloyd Doggett, D-Austin, said that restraining police from political involvement is important, nevertheless.

"The judge is certainly correct to draw a firm line separating law enforcement from politics," Doggett said. "This case has shed some light on the political abuse of Texas officers. In Washington, we are still trying to determine how pervasive was the abuse of the federal police power."

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Jay Root, (512) 476-4294 jroot@star-telegram.com

[Sabertooth]

This won't stop until our politicians start impeaching judges.

[Sabertooth]

((((((growl)))))

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[Ernest_at_the_Beach]

It is about time to start, impeaching Judges that is!

But we have got to clean out the Demonic legislators who have stacked the judicial branch with their own!

[proxy_user]

Now, now. I know we don't like it, but the ruling appears to be correct based on the actual content of the law.

[mhking]

[mewzilla]

So the good citizens of Texas will just have to saddle up and ride herd on these dogies.

[justshutupandtakeit]

Am I correct in assuming this is a RAT judge?

[Fabozz]

"This won't stop until our politicians start impeaching judges."

At which point the judiciary will simply rule the impeachments invalid. If a state (or the federal) supreme court wants to become a rogue gang of authoritarian oligarchs, there's no mechanism under our current system that can to stop it. I'm just amazed it took the Democrats this long to realize it, but clearly they've figured the game out now.

[So Cal Rocket]

Looks like the Sargeant at Arms will have to round up some vigilantes to form a Posse!! Any volunteers from our band of Lone Star Freepers?

[Texas_Jarhead]

this judge needs to re-read the State Constitution which gives the legislature 'unlimited' power to bring in folks who run away to avoid a quorum. The Constitution is very explicit on this issue.

[Lancey Howard]

But Campbell, a visiting judge who once served on the Court of Criminal Appeals as a Democrat,....

There you go - - the judge is a corrupt scumbag.

[Flyer]

Looks like the Sargeant at Arms will have to round up some vigilantes to form a Posse!! Any volunteers from our band of Lone Star Freepers?

Badges? We don't need no stikin' badges!

[Flyer]

We don't need no stikin' badges!

We also don't need no stinkin' badges!

[Xenalyte]

I am so THERE.

[I_Love_My_Husband]

Despicable!

[Alamo-Girl]

Thanks for the heads up!

[wysiwyg]

Have gun, will travel.

[NYS_Eric]

If a state (or the federal) supreme court wants to become a rogue gang of authoritarian oligarchs, there's no mechanism under our current system that can to stop it. I'm just amazed it took the Democrats this long to realize it, but clearly they've figured the game out now.

Deserves repeating. I'm so sick at how unequal the 3rd branch of government is becoming. Unchecked power.

[TigerTale]

...the State Constitution which gives the legislature 'unlimited' power to bring in folks who run away to avoid a quorum.

I just performed a search of the Texas Constitution for the word "unlimited." It does not appear anywhere in the document. Can you provide a source for your assertion?

[MattGarrett]

A legal right to refuse to serve the people who elected you.

I'm crying at irony of that.

Perhaps Gray Davis should try that trick!

[mvpel]

Except for the Second Amendment. Judges of the Ninth Circuit said as much in their dissents in the Silveira and Nordyke cases.

[steveegg]

So next time, the sergeant-at-arms simply issues the all-points-bulletin to each and every local police department.

[reformed_democrat]

In mid-May, more than 50 Democrats broke a quorum during a regularly scheduled session of the Legislature. With fewer than 100 members present, the House was unable to consider a congressional redistricting bill designed to increase GOP strength in Washington.

< snip >

In each incident, the quorum-busters successfully killed the legislation they wanted dead. But in the case of redistricting, Perry has called the Legislature back into special session, and the GOP-controlled House has already approved a bill that would produce up to six new Republican congressional seats.

< snip >

"If this ruling had come out two weeks ago, we might have gone to Ardmore again," Burnam said. "It's major vindication as far as I'm concerned."

So now the entire state of Texas knows that the only way democrats can kill legislation they don't like is to run away to Oklahoma?
I would love to see every single one of these dem "legislators" challenged in the general election, with Repubicans running on the slogan, "If _________ likes Oklahoma so much, let's give him the opportunity to move there. Vote him OUT."

[ShakeNJake]

"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."


Now, it doesn't say "unlimited" per se, but "in such manner and under such penalties" is darn well the same thing.

[ShakeNJake]

"The Texas Constitution
Article 3 - LEGISLATIVE DEPARTMENT
Section 28 - TIME FOR APPORTIONMENT; APPORTIONMENT BY LEGISLATIVE REDISTRICTING BOARD
The Legislature shall, at its first regular session after the publication of each United States decennial census, apportion the state into senatorial and representative districts, agreeable to the provisions of Sections 25 and 26 of this Article. In the event the Legislature shall at any such first regular session following the publication of a United States decennial census, fail to make such apportionment, same shall be done by the Legislative Redistricting Board of Texas, which is hereby created, and shall be composed of five (5) members, as follows: The Lieutenant Governor, the Speaker of the House of Representatives, the Attorney General, the Comptroller of Public Accounts and the Commissioner of the General Land Office, a majority of whom shall constitute a quorum. Said Board shall assemble in the City of Austin within ninety (90) days after the final adjournment of such regular session. The Board shall, within sixty (60) days after assembling, apportion the state into senatorial and representative districts, or into senatorial or representative districts, as the failure of action of such Legislature may make necessary. Such apportionment shall be in writing and signed by three (3) or more of the members of the Board duly acknowledged as the act and deed of such Board, and, when so executed and filed with the Secretary of State, shall have force and effect of law. Such apportionment shall become effective at the next succeeding statewide general election. The Supreme Court of Texas shall have jurisdiction to compel such Board to perform its duties in accordance with the provisions of this section by writ of mandamus or other extraordinary writs conformable to the usages of law. The Legislature shall provide necessary funds for clerical and technical aid and for other expenses incidental to the work of the Board, and the Lieutenant Governor and the Speaker of the House of Representatives shall be entitled to receive per diem and travel expense during the Board's session in the same manner and amount as they would receive while attending a special session of the Legislature. (Amended Nov. 2, 1948, and Nov. 6, 2001.)"

Here is another applicable section. Interesting what one can learn when one actually takes the time to read their state's constitution.

[Texas_Jarhead]

you are correct. my mistake. quoting that term was wrong. However, Article III, Section 10 declares that a group too small to produce a quorom can, "compel the attendance of absent members, in such manner and under such penalties as each house may provide."

In my mind this means that any manner is available along with any penalty the legislature wishes to impose. IOW, there is tremendous leeway in action. This stands in stark contrast to most of the Constitution which details limits on just about every issue addressed. Hope this helps a bit. Again, my mmistake. Apologies to all for bad info.

[Dog Gone]

The Rats went forum shopping to get this ruling, purely for political purposes. It will be overturned on appeal, assuming we even bother to appeal it. There's nothing in this ruling that prevents us from using the DPS to round them up if they try it again. There's no permanent injunction.

It's a Rat judge in cahoots with the Rats to make a political ruling.

[cinFLA]

Now, now. I know we don't like it, but the ruling appears to be correct based on the actual content of the law.

I agree. Time for the Texas pubs to change the law!

[weegee]

And they met privately and "worked" in violation of the open meetings act.

[rwfromkansas]

Hey judge, enforce your ruling, ass.

If the Dems bolt again, I hope they do get the DPS involved.

[Stopislamnow]

Are texas rangers under the DPS umbrella?
Is the National Guard?
Is there a reason that the governor cannot deputize citizens?

IMO, they need to call Dog if this happens again.

[rwfromkansas]

good point.....they probably could just get other enforcement agencies involved.

[Houmatt]

Which is why it is obvious this judge ignored state law to give members of his political party the ability to give the system, and the people, the finger.

Absolutely reprehensible.

[Houmatt]

That would be pretty brazen. But then again, nothing surprises me as far as the RATS are concerned.

Tom Foley actually sued his own constituents when they passed a referendum on term limits.

They responded by voting that arrogant SOB out of office.

[El Gato]

this judge needs to re-read the State Constitution which gives the legislature 'unlimited' power to bring in folks who run away to avoid a quorum. The Constitution is very explicit on this issue.

The provision in question reads:

"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."

[El Gato]

While the word "unlimited" is not used, the provision is in Article 3 Section 10

[El Gato]

Are texas rangers under the DPS umbrella?
Is the National Guard?
Is there a reason that the governor cannot deputize citizens?

Yes, No and No. However it's not the governor's business, not directly, it's the legislature's business, as shown by the Texas Constitutional provision above.

[MeekOneGOP]

Thanks for the post and ping, Saber !

"There could well be another quorum situation, but you wouldn't have to go to Ardmore," Brender said. "You could just stay in Muleshoe or El Paso or Beaumont or wherever."

Republican Party spokesman Ted Royer said the political costs of another walkout would be too high.

"I think the Democrats learned their lesson from the last walkout, with the tremendous amount of outrage expressed by the people of Texas, and they would be foolhardy to try it again," he said.

Texas House 'RATS in May 2003:

‘Democrats über alles’ = ‘Democrats over everything’

http://www.freerepublic.com/focus/f-news/924411/posts?page=17#17

Texas House 'RATS July 2003 during the Special Session:

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.

[MeekOneGOP]

Here is a list of recent articles on Redistricting:

FR Search: Keyword "Redistricting"

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

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)

[MeekOneGOP]

Badges? We don't need no stinkin' badges!

Get a rope !!

[AndrewC]

Get the rope!

[AndrewC]

He who hesitates is lost.(I was looking for a Pace Picante picture)

[Tench_Coxe]

Fine. Have the Governor call up the militia to round them up and haul them in.

[AndrewC]

Have the Governor call up the militia to round them up and haul them in.

How about a mob with pitchforks and torches. I'd volunteer.

[Victoria Delsoul]

Republican Party spokesman Ted Royer said the political costs of another walkout would be too high. "I think the Democrats learned their lesson from the last walkout, with the tremendous amount of outrage expressed by the people of Texas, and they would be foolhardy to try it again," he said.

I'm not so sure about that, but let us hope this is the case.

[MeekOneGOP]

He who hesitates is lost.(I was looking for a Pace Picante picture)

Google Image Search is wonderful. . .

[MeekOneGOP]

And, btw, thanks for the reminder. The last time (2-3 days ago) I went lookin' for some Pace, I was at Wal-Mart and couldn't find it. I know they must have it, but their new Super Center is SOooooo huge here, I couldn't find it. Oh, well, LOL !

Now I am reddy for some chips and whatever that not too bad sauce is called !

[Sabertooth]

The Democrats won't learn anything until they're jailed.

[AndrewC]

Thanks, I use google, but I was thinking more of a cowboy with a caption. I did find a picture of the first Pace Picante group, but I deemed it confusing.(You can see they are smiling.)