The respondent, or the person disagreeing with the speaker in this petition, is Rep. Stanley T. Torres. The speaker claims the LB director’s term ends with each new Legislature; the respondent, Torres, takes the opposing view. This is odd as our newspapers have for months detailed a disagreement on this issue between members of the Senate, including me, and the speaker.
A quick Google search returns numerous articles describing a dispute on the LB director issue between the speaker and Senate members. However, and for the first time, on March 30, 2010, the day before the speaker filed his petition with the Supreme Court, Representative Torres was quoted as disagreeing with the speaker’s position.
The Constitution, Article IV section 11 provides for certified legal questions to the Supreme Court when disputes arise among commonwealth officials. The court and all citizens should be concerned if members of our government are trying to “game” the system. After all, certified legal questions are designed to circumvent the normal legal process, they were never intended for political battles. Perhaps Representative Torres and Speaker Tenorio are at odds, but this conflict has continued from the beginning of this Legislature, yet Torres has just claimed an interest.
The court should be on guard not to allow Article IV Section 11 to be used in political power struggles, and should not accept jurisdiction where our Constitution provides none.
If Speaker Tenorio believes something illegal is going on, the LB director’s contract is invalid, or there is some abuse of power, let him raise the issue through the normal legal route, like any other citizen. But Article II Section 17 of the Constitution clearly establishes how the LB director may be removed, with or without cause, by a majority vote of both houses. Clearly, had the speaker been able to remove the LB director consistent with this provision he would have done so. Not getting his way, he asks the Supreme Court to do what the Constitution would not allow.
Clearly, we have no pressing issues, like “passing a budget in 30 days,” than who gets to appoint the LB director. I call on my colleagues to focus on how to fix the problems we face rather than trying to decide who gets to hire legislative staff, or who is in control on Capital Hill.
JUDE U. HOFSCHNEIDER
Vice President, 17th Senate
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