Congress probably wishes it had one of these

September 27, 2005

There’s plenty of bizarre stories about Republican antics in DC, but to get to the real jaw-droppers you sometimes have to look at the state level. For example, consider this remarkable story of a Georgia lawmaker who wants immunity from a DUI charge because he’s a member of the state legislature. (thanks to Phil for the tip)

After Rep. David Graves was charged with drunken driving for a second time, he and his lawyer offered a surprising defense:

As a lawmaker, Graves cannot break the law — at least not while the Legislature is at work.

The Macon Republican is using an obscure provision in the state constitution to argue that he should not be prosecuted for a DUI he received in Cobb County in February, during the 2005 session of the General Assembly.

The centuries-old provision holds that a lawmaker cannot be arrested during sessions of the General Assembly, legislative committee meetings or while they’re “in transit,” except in cases of “treason, felony, or breach of the peace.” Such provisions were generally written to protect lawmakers from political intimidation.

Cobb State Court Judge Irma B. Glover is expected to make public her ruling today on Graves’ “legislative immunity” defense. His trial is set for today.

We’re truly living in an Era of Responsibility, aren’t we?

I wonder if, somewhere in DC, lawyers for Tom DeLay (R), Duke Cunningham (R), Bob Ney (R), and Bill Frist (R) are searching through long-discarded provisions of federal law, wondering if similar rules might protect members of Congress, too.

Post Script: By the way, in case you’re wondering how such an odd law got passed in the first place, it may have made sense in the late 18th century.

Georgia’s legislative immunity provision has been part of its constitution since 1789. It’s one of many across the country.

One of the early immunity laws, in Virginia, dates to a 17th-century incident in which the royal governor arrested a lawmaker to keep him from voting, according to the Norfolk Virginian-Pilot newspaper.

I have a hunch DUIs weren’t part of the reasoning at the time.

“…except in cases of “treason, felony, or breach of the peace.”…”

Isn’t drunk driving a felony in Georgia?

  • At home in Australia, one of the state level independents had a son who failed his driving test. The testing board actually called him & said ‘you know, because of your position we can just grant him a pass’. He said that if his son couldn’t pass the test, he didn’t want him on the road.

    He was re-elected several times (and if I could remember his name, I’d find more details…!)

  • I remember about 20 years ago when the senator from Iowa, Roger Jepsen (sp?), was caught driving drunk and he used the fact that it is unconstitutional for him to be arrested when going to or from Congress.

    Luckily, the good people of Iowa elected Tom Harkin when the drunk driver ran for re-election.

    Should we change the constitution?

  • Judge rejects lawmaker’s immunity claim on DUI charge

    By NANCY BADERTSCHER
    The Atlanta Journal-Constitution
    Published on: 09/27/05

    A state lawmaker can break the law, a Cobb County judge ruled this morning.

    Today, Cobb State Court Judge Irma B. Glover denied Graves’ request to use the “legislative immunity” defense. Graves’ attorney, William C. “Bubba” Head, immediately filed a motion to appeal the decision to the Georgia Supreme Court.

    “Just because you’re having dinner with other politicians doesn’t make it a committee meeting,” Jones said in an interview. “They could be at a casino doing the same thing, and he could allege it was a committee meeting, even though they’re gambling. Only in this case, they were drinking — which to me is another indication it was not a committee meeting.”

    Glover agreed, ruling there was no evidence to support that the gathering was an official committee meeting.

    “The fact that several legislators attended and that the defendant was wearing his legislative pin does not sanction the dinner as a session of the legislature or a meeting of any committee thereof,” Glover wrote in her order.

    Glover noted that Graves, who had refused an alcohol test at the scene, admitted to the arresting officer that he had consumed 2-4 drinks.

    Graves was in the courthouse but did not appear before the judge or reporters. Head told Glover after her ruling: “I think this situation is so unique it needs to have an appellate court review.”

    Graves, 47, is actually awaiting trial on two DUI charges, one from March 2004, when authorities say he ran a red light, and the one from Feb. 15, which occurred at a police roadblock. So far he is claiming legislative immunity only in the latest case. If convicted on one or both charges, Graves faces possible fines, a short jail stint and perhaps the loss of his House committee chairmanship.

  • Awww, c’mon; these are simply youthful transgressions that are getting blown way out of proportion. I’m sure he’s already ordered his copy of of “Where’s Jesus?” and will be a born again Presidential contender in the future.

  • “the defendant was wearing his legislative pin”

    The audacity! The absolute incomprehensibility of being pulled over while wearing The Legislative Pin. Christ! Will the outrages never end. Used to be the God Damn Pin meant something. And now it gets blown of like it’s a friggin tie tack. No respect I tell ya. The worlds goin’ to hell.

  • I have to disagree with the judge on one point, she said ” Only in this case, they were drinking — which to me is another indication it was not a committee meeting.” I’m sure alot of legislation is concieved uder the influence of some kinda drug.

  • DUI is NOT a felony in the Georgia unless you manage to be found guilty of Drunk Driving 3 times in less than 5 years.

    • Comments are closed.