Citizen Wausau

A Site About Life in Wausau, Wisconsin

Voice the official Citizen Wausau blog

Custody v. Arrest in Madison

by on March 3rd, 2011

Some made comment that they did not like the fact that I wrote about something in Madison in the previous post, while others pointed out that I somehow did not live up to my responsibility because I had not written anything.  So, I know of this dividing line, and I am willing to dance with it today.  I believe, for myself, a line has been crossed by the Senate, and it makes me less likely to want to hold my tongue, or keyboard going forward.

Today in Madison the Senate has voted to call upon police to take into custody the 14 Democratic elected officials who have left the state, or are simply absent for a vote.  It is within the rights of the Sargent at Arms to determine contempt, which has been determined.  And according to the rules, the Sargent at Arms is then allowed to compel the missing members to return, by any means.

I find this troubling.  Let me tell you why…what is to stop the Fitzgerald brothers from voting to have me taken into custody.  Where would I be held?  County Jail?  Would I be handcuffed, would I have my Constitutional Rights?  Would this appear anywhere on my criminal record?

How can the Republicans create a list of people, and call upon the law enforcement arm of the state and local governments to bring them in?  Is this not an incorrect allocation of resources?  Do we need to put State Troopers on the case, and take them off the interstate?

More over, how does this even work?  Will they handcuff Lena Taylor?  What if she resist?  Will this escalate like all law enforcement cases do?  Can they mace them?  Taze them bro?

If the goal for any reasonable person in the case of conflict is to deescalate the conflict, how is this a deescalation of the conflict which can lead to a resolution?  I believe this is not possible.  I envision the 14 being brought in to the Chamber in cuffs, the session brought to order, and a vote called.  How is this leadership?  Clearly this is not something that any of us envision from our leaders, but this is an escalation of the dividing line between the two parties, and the culture that supports each of them.

I hope to get someone from the local legal community to comment.

The Order To Detain.

A Dissenting Opinion from Lester Pines and Susan Crawford.

Erpenbachs Response .

The Wisconsin Professional Police Association Response.

Senator Mark Millers response.

Tags & Categories