In Arizona, repeal of a little privilege called legislative immunity has been brought up. Essentially, legislative immunity bars "the arrest of legislators during, and 15 days before, legislative sessions," with the exceptions of "treason, felony or breach of the peace."
Last year, then-Senator Scott Bundgaard was involved in a fight with his girlfriend on the side of a freeway. The fight left both of them with cuts and bruises. When police arrived and handcuffed Bundgaard, Bundgaard asserted his position as a legislator and, alluding to the constitutional provision of legislative immunity, insisted they remove his handcuffs. Bundgaard spent that night at his house, free from arrest, while his girlfriend spent that night in jail. Although his girlfriend was later deemed the victim in the case, Bundgaard would have been "arrested on possible domestic violence charges and suspicion of DUI on the night of the incident if not for the immunity law."
There have been other cases, too. A legislator in Arksansas leads officers on a "high-speed chase through two counties and doesn't get taken into custody." A Georgia lawmaker says he "couldn't be prosecuted on a DUI charge."
However, some believe reaction to legislative immunity has been too quick and impulsive. Does legislative immunity protect our legislators and help ensure their best performance in sessions or does it give them an unreasonable privilege?
Saturday, January 21, 2012
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I think at first that legislative immunity started as a good thing, but I don't think that it is that great now. I think legislatures have gotten used to the fact that they have this immunity. They think that they can get away with more and in a sense, it has put them above the law. They don't necessarily have to follow the law because as long as they have a legislative session within 15 days because as long as they don't commit treason, felony, or breach the peace, they can't be touched. My take on this is not necessarily to completely get rid of legislative immunity, but shorten the days that they have to below eight. I don't know the paper work they have to fill out so I guess I can't judge the time they need, but it seems to me if one found time to drive with his girlfriend and another has time to go get drunk within the days they need to prepare that they can finish preparing within an eight day time window instead of 15.
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