Senators called to testify in Ford case

Nashville City Paper
By John Rodgers,
January 24, 2006

Three state senators have been subpoenaed to testify in a federal court hearing Wednesday in Memphis concerning Sen. Ophelia Ford’s lawsuit alleging the state Senate discriminated against her because of her race.

Ford (D-Memphis), who is black, filed the suit last week after the Senate provisionally voted 17-14 to void her election due to voting irregularities. The Senate, however, was acting as a committee and still needed to pass the resolution a final time.

In response to Ford’s lawsuit, a federal judge in Memphis issued an injunction last Wednesday to stop the Senate from proceeding with a final vote until a court hearing could be held. That hearing is scheduled for Wednesday in Memphis.

Ford will not be the only lawmaker there Wednesday as three senators who voted for Ford’s ouster have been subpoenaed to testify in the hearing.

David Cocke, Ford’s attorney, said he issued subpoenas to two Republican senators, Mark Norris and Curtis Person, as well as Democrat Don McLeary.

In addition, some senators, who are all named as defendants in the lawsuit, may attend the hearings even though they are not subpoenaed.

Three all from West Tennessee

Cocke would not say why he is calling those three senators to U.S. District Court in the state’s western section and not the other 14 who voted for Ford’s ouster. Those three senators are, however, the only ones who voted to void Ford’s election who are from West Tennessee.

Person (R-Memphis), Norris (R-Collierville) and McLeary (D-Humboldt) all said they did not know why they were being subpoenaed to testify.

McLeary, who was the lone Democrat who joined with the Republicans in the initial vote concerning voiding Ford’s election, expressed disappointment that he was being called.

“It just seems like a fairy tale to me,” McLeary said. “You just try and go and vote your conscience and get sued.

It’s just amazing.”

Both Norris and Person, who are attorneys, pointed out that under the state constitution’s “speech and debate” clause, lawmakers couldn’t be questioned about their legislative actions “in any other place” than the General Assembly.

“It means to me that we cannot be taken to task on anything in a place like federal court,” Person said.

The Attorney General’s Office is defending the Senate at the hearing, but a spokeswoman said she “did not know” whether they would move to quash the subpoenas.

Suit says vote disenfranchised voters

Ford’s lawsuit includes numerous claims, but one alleges that the Senate’s action on voting to void her election disenfranchised some voters on the basis of their race and therefore violated the federal Voting Rights Act.

But Person said the subpoenas disenfranchise the three lawmakers’ constituents since the senators would not be able to be in the Senate Wednesday because they are in federal court in Memphis.

“That really troubles me,” Person said.

The subpoenas come after the state Attorney General, Paul Summers, essentially told Lt. Gov. John Wilder last week that senators, and their personal attorneys, didn’t have to be present since they were being sued in their official, and not individual, capacities.

Last week, after the Senate scheduled its meeting Wednesday, Norris argued to the full Senate that the body should not meet that day since senators will likely be served to appear in federal court.

But Senate Minority Leader Jim Kyle, also a Memphis lawyer, arose and said that senators would not have to be present since they are being sued in their official capacities.

Cocke’s subpoenas essentially change that for the three senators called.

Ford became a state senator after defeating Republican Terry Roland in a Sept. 15 special election to replace her brother, John Ford, who resigned in May after facing federal corruption charges.

The Senate voted to void Ford’s election after several questionable votes arose, such as revelations that two ballots were cast in the names of dead people as well as at least three convicted felons voting.

A Senate panel investigating that election will meet today and is expected to issue a recommendation to the full body on the legitimacy of the special election.