Press release [Sept. 30, 2005A]

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House Speaker Glenn Richardson
Press Releases

FOR IMMEDIATE RELEASE: September 30, 2005

CONTACT: Michelle Hitt (404) 656-5020 E-mail Michelle

SPEAKER RICHARDSON COMMENTS ON RESIGNATION OF REPRESENTATIVE DAVID GRAVES AS CHAIRMAN OF HOUSE REGULATED INDUSTRIES COMMITTEE
ATLANTA--Georgia Speaker of the House Glenn Richardson (RHiram) today issued the following statement regarding the resignation of Representative David Graves (R-Macon) as Chairman of the House Regulated Industries Committee.
"A situation has recently come forward concerning a set of circumstances regarding the actions of Representative David Graves of Macon, GA., Chairman of the House Regulated Industries Committee. Essentially, Representative Graves has been charged, although not convicted of, two separate offenses of driving under the influence of alcohol in this state. In one of the cases involving Representative Graves, the attorney representing him with his concurrence asserted a defense to the charge alleging legislative immunity from arrest. The defense did not assert immunity from prosecution but asserted immunity from arrest the act of stopping the freedom of movement of an individual. The judge who heard the case denied the request to grant immunity. Thereafter Representative Graves, though his attorney, contended an appeal would be filed with the Georgia Supreme Court.
"I believe that the actions of Representative Graves and his attorney in asserting a legislative immunity defense are both illadvised and erroneous. No person, especially an elected representative, is immune from prosecution, especially when the underlying actions involve an offense of driving under the influence of alcohol. I have communicated my objections and concerns of asserting this defense to Representative Graves. After consultation with him, and upon his further reflection of how such an immunity defense might be perceived by the public, Representative David Graves has abandoned this effort. At this time, Representative Graves has instructed his attorney to withdraw the appeal on the immunity defense. Instead, Representative Graves will face the charges in court as he is entitled, the same as any other citizen of this state. I applaud Representative Graves for taking this proactive effort to withdraw this appeal and proceed to allow the court to determine his quilt or innocence the same as any other citizen of this state.
"Members of the Georgia House of Representatives and General Assembly are not now, and never have been, above the law. To the contrary, members of the General Assembly, as well as all public officials, should lead by example and follow the law of this state. In many ways, elected officials are held to an even higher standard than other citizens of this state. That is simply part of the job of holding oneself out for election to public office.
"Notwithstanding some recent reports in news outlets, the Georgia Constitution has never offered members of the General Assembly immunity from prosecution. It does not now provide such immunity, it never has, it never should, and it never will as long as I am Speaker. The provision of the Constitution of Georgia, which provides immunity from arrest, was narrowly written and has been narrowly interpreted to prevent legislators from being unreasonably detained while going about legislative business. Legislators have always been subject to prosecution, as well they should be if they violate the laws of this state.
"The events surrounding this incident should be a lesson to all elected officials. Our actions must always be taken with the knowledge that we should lead by example. We are not above the law, in fact, while we make the laws, we are subject to them the same as every other citizen of this state. And, when any one of us violates the law and are found to have done so by the judicial process, we should stand up and take our punishment in the same manner as we have prescribed for everyone else.
"To the extent the actions of any member of the Georgia House of Representatives has seemingly portrayed the image that we are not subject to our own laws, that is false and for such actions on behalf of the entire Georgia House of Representatives, I apologize for such perception.
"We make the laws and we follow them then, now, and always in the future."
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