If Senators Arrested, Fitzgerald In Contempt, Attorneys Say
Article | March 3, 2011 - 6:31pm | Claudia Broman
A Wisconsin legal firm has issued an opinion saying that if members of the Wisconsin Senate are arrested for non-criminal offenses via a warrant issued by Republican Senate Majority Leader Scott Fitzgerald, then Fitzgerald himself could be held in contempt of the Senate.
âThe Wisconsin Constitution absolutely prohibits members of the Wisconsin Senate from being arrested for a non-criminal offense,â write Wisconsin attorneys Lester A. Pines and Susan M. Crawford of the Cullen, Weston, Pines & Bach law firm of Madison. âThe failure or refusal of a senator to attend a session of the Senate is not a crime. Nor is it in contempt of the Senate.â
The attorneys also say that the Senate is limited to what constitutes contempt by state statutes â and none of the allowable offenses have been committed by the absent Democratic Wisconsin Senators, the âWisconsin 14,â the legal firm suggests.
Though both the Wisconsin Senate and Assembly can compel attendance by legislators, âthis power must give way to the constitutional protection bestowed on each member privileging them from arrest or civil process,â with the exception of criminal cases, the opinion reads.
âNone of the fourteen absent Senators has been charged with a crime,â say the attorneys. âNor has any crime occurred. The Wisconsin Senate has absolutely no authority to order any of its members arrested or taken into custody in order to compel their attendance.â
The opinion goes on to list how the Senators could be charged with contempt, though those potential charges are limited by Wisconsin statutes.
âNone of these offenses has been committed by any of the absent senators,â the opinion reads. In fact, were one of the absent senators to be arrested on a warrant issued by Senator Fitzgerald, the action could very well result in Fitzgerald being held in contempt of the Senate, the attorneys say.
âWhile the Senate may lawfully impose penalties on its absent members, and may direct the Sergeant at Arms to proceed to find and bring in such members, the Senate has no authority to issue a warrant for the arrest of its members,â the document concludes.
http://ashlandcurrent.com/article/11/03/03/if-senators-arrested-fitzgerald-contempt-attorneys-say