Separating Fact from Fiction - What the Attorney General Opinion Means Print E-mail
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Saturday, 15 December 2007
Myth: The Attorney General agreed with the Speaker’s detractors that the Speaker doesn’t have absolute discretion as it relates to the right of recognition of privileged motions

Fact: The Attorney General rejected opponents’ invitation to arbitrate a House Rules dispute, acknowledging that approval, interpretation and enforcement of the House Rules is the sole province of the members of the House.  The speaker acted in accordance with the House Rules, as approved by the members of the legislature.

Myth: The speaker claimed he is a statewide elected official, and the Attorney General rejected such a claim.

Fact: The Speaker never claimed he was a “statewide official”, but instead argued that he is a state officer, and subject to the standards or removal specified for a state officer. The attorney general agreed that the speaker is a state officer.
 
Myth: The speaker was wrong on his assertion that impeachment is the only means of removing a speaker.

Fact: The speaker has never argued that impeachment was the only way to remove him as speaker. The Speaker has always agreed that he is subject to both impeachment and expulsion; he said exactly that in his journal entry of May 25, 2007.

Myth: Rule 5, Section 24 speaks only to the power of the speaker to recognize the order of privileged motions, as opposed to the absolute power of recognition of privileged motions.

Fact: Speakers have often declined to recognize members, including for purposes for which the rules specifically contemplate recognition, as well as for matters falling within the category of "privileged". This is a well-established practice. An example is a May 30, 1999 exchange between then-Speaker Pete Laney and Rep. Sylvester Turner. In this exchange, Speaker Laney does not recognize Rep. Turner for a motion to debate a certain bill. When Rep. Turner again asks if the Speaker will recognize him at a later time for the same motion, Speaker Laney again refuses him recognition. Even where members seek recognition for motions contemplated and authorized to be made under the rules, the practice of the House is well-settled.

Myth: This opinion was only a partial win for the speaker.

Fact: The attorney general ruled on almost all of the disputed issues, and all in favor of the speaker. He agreed that the speaker has a fixed, two-year term, that he is a statewide officer, and that he may only be removed by way of impeachment or by expulsion. The attorney general has effectively ruled that a "motion to vacate" is a non-existent and unconstitutional motion.

Last Updated ( Saturday, 15 December 2007 )
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