Subpoenas served to 3 senators

Trio faces questioning on votes against Ford

By TOM HUMPHREY
KnoxNews
January 24, 2006

NASHVILLE - Three state senators were subpoenaed to appear at a federal court hearing in Memphis and are expected to face questions about their votes last week to void the election of Ophelia Ford to become one of their colleagues.

"This is fixing to be a case of historic dimensions on the constitutional level," said Sen. Mark Norris, R-Collierville, one of the three men subpoenaed. "This flies in the face of both the federal and state constitutions."

The hearing Wednesday in U.S. District Court conflicts with a scheduled meeting of the Senate in Nashville.

The state Constitution, in Article Two, Section 13, reads that legislators "shall not be questioned in any other place" regarding speech or debate except in the House or Senate.

Also subpoenaed were Sens. Curtis Person, R-Memphis, and Don McLeary, D-Humboldt. McLeary was the only Democrat to join 16 Republican senators in voting last week to void the election of Ford. She was declared a 13-vote winner in a special state Senate election in 2005.

A federal judge has issued a temporary injunction blocking the Senate from taking a required final vote that would have the effect of removing Ford from office.

After Wednesday's hearing, the judge will decide whether to make the injunction permanent.

The subpoenas were sought by Ford's attorneys.

"I'm going to appear as commanded by the U.S. District Court judge and let my attorneys handle the matter as best they can," said Norris. "But I'm not going to shy away from drawing attention to these freedoms, because they are essential to the rights of the people."

Should the hearing continue into Thursday, it would also conflict with a legislative hearing Norris has called as chairman of the Senate Transportation Committee on contentions of political cronyism in the Tennessee Highway Patrol.

"I don't know if this is all intentional or not. But it is ironic and peculiar. Also unprecedented," said Norris.

"It's precisely the type of problem the Founding Fathers intended to prevent," he said. "It could be said that my constituents are being disenfranchised in the days the federal court requires me to be dragged into court."