Monday, March 16, 2009

Into the Final Stretch

Transparency in Government

On Tuesday my House Memorial 78, Study Searchable Database of State Budgets, passed the House. This was originally a bill to require the State to make expenditure information available on line. I felt this was a government transparency issue that all legislatures would support, but fourteen (14) Democrats voted against my memorial.

Ineffective Counsel

Also on Tuesday I presented my “Ineffective Counsel” bill (HB 797) to the Consumer and Public Affairs Committee. If a criminal’s conviction is overturned because an appeals court has determined that the defense attorney did not do his job, the State has to let the criminal go free or re-try him. My bill would suspend the “ineffective” attorney from practicing law until he received more training and passed the bar exam (a test all attorneys must pass). Furthermore, the attorney, who didn’t do his job, would pay for the re-trial. Needless to say, defense attorneys did not like this bill and it was tabled.

Insensitivity to Crime Concerns

The number of bills that have been introduced that, in my opinion, weaken the ability of law enforcement and the criminal justice to protect the public has been astonishing. As a member of the Judiciary Committee, I have seen the constant stream of legislation to “help” criminals.

A few examples are as follows:

HB 285 Repeal the Death Penalty was introduced by Rep Gail Chasey (D-18), a retired educator and attorney. This was an intense debate in both the House and the Senate. I spoke extensively against this repeal in both committees and on the floor. It has passed the legislature and is on the Governor’s desk.

HB 396 Reliable Eyewitness Identification was introduced by Rep Joseph Cervantes (D-52), an attorney. This bill creates all kinds of new rules and regulations for police officers to follow. I won’t bore you with all of my objections, but let me note that when this was heard in Judiciary, the “expert witness” who sat with the bills sponsor was well known criminal defense attorney Michael Stout. I strongly spoke out against this in committee and on the floor. Unfortunately it passed the House by a vote of 34-31. All the Republicans voted against this bill.

HB 807 Jail Good Behavior Standards introduced by Rep Antonio “Moe” Maestas (D-16), an attorney. This bill strips the authority of Magistrate Judges to deny “Good Time” to individual convicted of misdemeanors. I publically opposed this in committee and on the floor. It was defeated on the floor of the House.

HB 866 Criminal Record Expungement Act by Rep Antonio “Moe” Maestas (D-16), an attorney. This would allow courts to conceal from the public certain convictions after specified time periods. It passed the Consumer and Public Affairs committee on a 3-2 vote and is currently in the House Judiciary committee.

Web-Casting

I have been attempting to do live Web-casting during my committee hearings. This is also being done by Representative Janice Arnold-Jones and Representative Candy Spence Ezzell. I got some attention in a political blog by Heath Haussaman at http://haussamen.blogspot.com/ posted on March 10, 2009 at 12:36PM.

Unfortunately I have had a number of technical problems. This is an all volunteer effort with borrowed equipment. I am not comfortable with the quality of the web-casts. I really wish the Legislature would do this with a team of professionals. Sadly there seems to be people of influence who do not want the public to be able to see want is happening in committees

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