Wednesday, May 27, 2009
How does a Senate defend itself?
Several of the complaints recently filed in the ASUN Judicial Council (read all of them here), in addition to naming the office of the Speaker of the Senate (the Senate's elected leader), name the Senate as a respondent (defendant in the real world). This presents a unique circumstance. How does a multi-member body defend itself?
The power of the Senate is not vested in any one member. The power of the Senate is in a majority of the votes of the members. Nobody under the Senate's Rules is authorized to represent the Senate when it is sued. The only body that can authorize representation is the Senate. In the meantime, the Senate has lawsuits to defend. If it does not authorize someone to defend its collective interests, the petitioner in all of these cases could move for summary judgment against the Senate (and win on such a motion) because the Senate does not answer the complaints and offer a defense.
Therefore, Speaker Geremia should place on the Senate agenda for next week an item authorizing appointment of counsel to represent the Senate's interests before the Judicial Council. It could authorize the Speaker to do so, but since the Speaker is named in the complaints, the Senate's interests could be adverse from Ms. Geremia's interests--differing and contrary to one another.
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I think the Parliamentarian would make good counsel. This person is well versed in all the rules and procedures and should be relatively objective. Oh wait...why can't the AG counsel them? Oh yeah, because the AG only helps the Exec branch... right. There isn't a designated person for Legislative Counsel. God, what a self serving position that is a complete waste of time!
ReplyDeleteI agree that the incumbent Attorney General, Lindsey Sanford, has been worthless. But allowing the AG to represent the Senate could pose problems as well. In several of these cases, the Senate and the Executive have adverse interests. How can the AG fairly counsel both sides when their interests do not match? It's the same reason the Speaker should not be allowed to represent the Senate. You're right that the Senate's parliamentarian might be a good choice as that person should be well versed in the rules and procedures.
ReplyDeleteDoes Gracie take any of this seriously? It looks like she doesn't. The Senates going to be in a world of hurt because of her.
ReplyDeleteWow. Just because Speaker Geremia ignores the endless attacks on her by this blog, which is ridiculous by the way, doesn't mean that she doesn't care or take her job seriously. She doesn't take YOU GUYS seriously. Why? Because you're all a bunch of FORMER, GRADUATED senators, or current JUSTICES with adverse interests to the student body. You are trying in influence policy on an organization that you no longer belong to and/or have gotten waaaay to close to. Caring and helping is one thing, but this blog is the opposite. It seems to only exist to stir up drama.
ReplyDeleteDrop by the office sometime, Speaker Geremia is ALWAYS there. Working on judicial cases brought up on TYPOS that make her life hell, assisting the new Senators, and sometimes she's just there to have people vent to her their frustrations about mistakes she may or may not have made. She is an honorable woman that takes responsibility for her actions, whether good or bad, and there is most definitely much more good than bad.
By the way, I feel the Senate should be commended for trying to correctly enforce Nevada Open Meeting Law. Yes, mistakes are made that could be done without, but the session is young and learning and will only get better at it.
The immaturity and lack of personal lives inherent in this blog are astounding. I feel like a bunch of high schoolers somehow got their college degrees and started pointing fingers because they were bored.
Speaker Geremia can ignore all the attacks on her she wants, but she has a duty to perform with respect to the cases brought against the Senate, namely to ensure that the Senate is able to defend itself. She is not performing that duty. The Senate acts through the votes of its members unless it has authorized one person to act for the body. The Senate has not done that. And it appears that Ms. Geremia has no intention of correcting that problem.
ReplyDeleteThis post is just as much about protecting the interests of the Senate as a collegial body as it is pointing out Speaker Geremia's omissions, willful or otherwise. There is no question Gracie is a nice person, but this isn't about her as an individual; it is about her as an officer of the Senate. Her personality generally has nothing to do with this.
Complain about the writers of this blog engaging in fingerpointing and ad hominem attacks and then proceeds to do the same thing to the writers of this blog. Classy.
ReplyDeleteI don't think the cases will get heard anyway. There is not a full counsel of Justices anymore due to some graduating. Seems that yet again the counsel let the clock run so they wouldn't have to hear the cases.
ReplyDeleteI'm hopeful someone will pick up the cases in the fall. Hell, the hard work is already done. To let these cases fall would be a tragedy. It would reinforce these poor practices.
ReplyDeleteWhat's funny is you claim to be "so worried" about how the senate will defend itself, yet you guys are the ones that researched (found things to make cases on) and filed them? Hmmmm.... it doesn't make sense that you would truly be too worried about the defendants in these cases. Nice try.
ReplyDeleteAnon- VLEG is not a named party in the cases. One of our contributors, Corinna is, but that does not prevent the rest of us from having different opinions about the matter.
ReplyDeleteOk. Thank you, Ms. Richards.
ReplyDeleteStop trying to pass off blatant favoritism and bias as a defense of the members of ASUN. Speaker Geremia was being torn apart before she even took the post. The judgement here is not fair, and everyone knows it.
ReplyDelete