State Senator Wants Legislative Immunity
A Kentucky Senator is trying to get a DUI charge against him dropped. He said he has legislative immunity under the state constitution.
Police reports show Senator David Brandon Smith of Hazard was arrested for drinking and driving around 9:00 the night of January 6th.
That was also the first day of the current legislative session.
His attorney filed a motion to dismiss the charges saying Smith is entitled to immunity from criminal prosecution under section 43 of the Kentucky Constitution.
That reads:
The members of the General Assembly shall, in all cases except treason, felony, breach or surety of the peace, be privileged from arrest during their attendance on the sessions of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.
The motion says Senator Smith was coming from a family friend’s house, not from work, when he was pulled over.
The Franklin County Attorney said he plans to treat this like any other DUI case.
University of Kentucky Political Science Professor Stephen Voss said this is an old rule, written in 1891. He said there is a similar one in the U.S. Constitution.
He said it all dates back to the 1600s and was meant to protect lawmakers from opponents who abused the legal system trying to undermine democracy.
“Back then it was not only expected that the King might interfere with a few parliamentarians, it was not uncommon for the king to try and keep the legislature from meeting at all and shut the whole thing down so that they couldn’t raise opposition,” said Voss.
Senate President Roberts Stivers released this statement:
“No member of the General Assembly is above the law. While Kentucky’s Constitution does provide for a limited form of legislative immunity, as does the United States Constitution and most state constitutions, it is clear that the immunity does not apply in this situation.
“The law presumes a person is innocent unless proven guilty. The legal process to determine the validity of the charges against Senator Smith has begun and that process will ultimately and independently determine the outcome.
“The thoughts and prayers of other state senators continue to go out to Senator Smith and his family.”
Senator Smith is due back in court on February 12th.
Police reports show Senator David Brandon Smith of Hazard was arrested for drinking and driving around 9:00 the night of January 6th.
That was also the first day of the current legislative session.
His attorney filed a motion to dismiss the charges saying Smith is entitled to immunity from criminal prosecution under section 43 of the Kentucky Constitution.
That reads:
The members of the General Assembly shall, in all cases except treason, felony, breach or surety of the peace, be privileged from arrest during their attendance on the sessions of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.
The motion says Senator Smith was coming from a family friend’s house, not from work, when he was pulled over.
The Franklin County Attorney said he plans to treat this like any other DUI case.
University of Kentucky Political Science Professor Stephen Voss said this is an old rule, written in 1891. He said there is a similar one in the U.S. Constitution.
He said it all dates back to the 1600s and was meant to protect lawmakers from opponents who abused the legal system trying to undermine democracy.
“Back then it was not only expected that the King might interfere with a few parliamentarians, it was not uncommon for the king to try and keep the legislature from meeting at all and shut the whole thing down so that they couldn’t raise opposition,” said Voss.
Senate President Roberts Stivers released this statement:
“No member of the General Assembly is above the law. While Kentucky’s Constitution does provide for a limited form of legislative immunity, as does the United States Constitution and most state constitutions, it is clear that the immunity does not apply in this situation.
“The law presumes a person is innocent unless proven guilty. The legal process to determine the validity of the charges against Senator Smith has begun and that process will ultimately and independently determine the outcome.
“The thoughts and prayers of other state senators continue to go out to Senator Smith and his family.”
Senator Smith is due back in court on February 12th.
Leave a Reply