Democrats file lawsuit to keep from being arrested (Texas Update)

AMERICAN-STATESMAN ^ | 08/07/03 | Laylan Copelin

[bedolido]

Eleven boycotting senators on Thursday threw the first legal punch in the fight over congressional redistricting.

The Senate Democrats filed a lawsuit in Travis County district court, asking that state officials, or their deputies, be prohibited from arresting the Democrats to establish a quorum so that the Legislature may consider redrawing the state's congressional district lines. If granted, the prohibition would allow the lawmakers to return to Texas from New Mexico without the fear of being forced back to the Senate, where they left about two weeks ago.

In addition to filing their lawsuit, the Democrats invited Senate Republicans to a meeting in New Mexico on Monday. Two Senate Republicans had traveled to Albuquerque on Wednesday and met with three Democrats for about an hour. Details about the Monday meeting have not been ironed out.

The lawsuit alleges that Gov. Rick Perry has no authority to call a special legislative session on congressional redistricting because the constitution limits that power to "extraordinary occasions."

The senators claim there is no "extraordinary occasion" because the state has a legal congressional map drawn by federal judges and approved by the U.S. Supreme Court. The map is valid through the 2010 Census.

"There is no illegality to remedy in the present situation," according to the lawsuit.

State Republican leaders, including Perry, have argued that the Legislature should redraw the state's congressional districts to reflect recent voting patterns. But Republican Attorney General Greg Abbott has said the map can stand.

Under the current map, Democrats hold 17 of the state's 32 seats in Congress. Maps suggested by the Republicans would give the GOP a good chance of winning 21 of the 32 at the expense of several white Democratic members of Congress.

In May, 52 House Democrats fled the state rather than vote on congressional redistricting. The Legislature stalled on a new map in a special session in June, then this month 11 Senate Democrats traveled to Albuquerque instead of taking up the issue. The Senate cannot do any work without a quorum of its members — 21 of the 31.

The lawsuit also contends that any attempt by the state Department of Public Safety to arrest the boycotting senators should be prohibited under a recent court decision, which said House officials could not use DPS officials to arrest their members.

Lt. Gov. David Dewhurst, who presides over the Senate, has been threatening legal action of his own to compel the senators to attend the special session.

Thursday's lawsuit may serve as a pre-emptive strike in the hopes that the lawsuit will be heard in Austin instead of some other Texas city.

Dewhurst was expected to respond to the lawsuit at a press conference later Thursday. Perry is out of state on official business and was not immediately available for comment.

[TheDon]

Sorry, you must show up in person to file the lawsuit. ;)

[lilylangtree]

Impeach the son-of-a-guns and throw them in jail for 10 years for taking taxpayer money for a job these cowards didn't do. That's taking money under false pretenses.

[darkwing104]

I would love to see these bums get arrested for what they are doing to the people of Texas.

[Blood of Tyrants]

The Texas Constitution allows both Houses to compel attendance and to assess penalties as they see fit for not attending. The seperation of powers principle prohibit the judicial branch from interviening.

[Dog Gone]

Without a doubt, this was filed in the court of a liberal Austin judge.

Dewhurst should respond by obtaining a court order mandating the Rats to return to the senate floor under penalty of contempt of court.

Two can play this game, especially when the Rats' legal argument is so weak.

[Dog Gone]

Actually, that's an excellent legal argument.

[Blood of Tyrants]

Under the Texas Constitution, the Senate and the House have the ability to remove any of it's members if it is found that they no longer reside in the district to which they were elected.

Last time I checked, New Mexico was not anywhere inside the Texas borders.

[INSENSITIVE GUY]

The people of Texas should not have to wait for an election,to hell with protocol and procedure.All of these democrats should be removed from office for dereliction of duty and they should not be paid.

[lilylangtree]

Hot diggity dog! Go gettim' Texas!

[Cobra64]

Wonder if W might have some influence in burning these guys from office.

[Blood of Tyrants]

Another good section regarding the Legislature is the following:

The Texas Constitution

Article 3 - LEGISLATIVE DEPARTMENT

Section 15 - DISRESPECTFUL OR DISORDERLY CONDUCT; OBSTRUCTION OF PROCEEDINGS

Each House may punish, by imprisonment, during its sessions, any person not a member, for disrespectful or disorderly conduct in its presence, or for obstructing any of its proceedings; provided, such imprisonment shall not, at any one time, exceed forty-eight hours.

[Blood of Tyrants]

So since the lawyers are abetting the runaways, could they be imprisioned for obstructing the legislature?

[Dog Gone]

Well, that's probably a stretch. It would have been nice to arrest all those sock puppet protestors last month, though.

[ravingnutter]

Here is the exact wording...Section 10 of Article 3 of the Texas State Constitution states:

"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."

[Dead Corpse]

Section 23 - REMOVAL FROM DISTRICT OR COUNTY FROM WHICH ELECTED
If any Senator or Representative remove his residence from the district or county for which he was elected, his office shall thereby become vacant, and the vacancy shall be filled as provided in section 13 of this article.

Tar and Feathers are called for here....

[Liz]

The Pubbies need to play hardball. Email Texas Republicans and demand that the absconding Dems be charged with:

(1) theft of government services,

(2) misuse of office,

(3) misappropriation of tax funds,

(4) abuse of public office,

(5) receiving illegal gratuities,

(6) filing false documents,

(7) abuse of government power,

(8) conflict of interest,

(9) possible FEC violations,

(10) violating their oath of office.

email address: texasGOP.org

[Constitutionalist Conservative]

The senators claim there is no "extraordinary occasion" because the state has a legal congressional map drawn by federal judges and approved by the U.S. Supreme Court.

A congressional map drawn by federal judges and approved by the U.S. Supreme Court is not extraordinary?

[solo gringo]

These democreeps abandoeed thier seats in the senate and Gov Perry should call for a special election to fill the seats.The people of texas are not getting the work done and it is the Gov that must see that it is complete so elect senators that will complete thier jobs.