{"id":759,"date":"2006-10-24T07:13:00","date_gmt":"2006-10-24T13:13:00","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/2006\/10\/dismissal-of-legislators-traffic-tickets-causes-stir\/"},"modified":"2006-10-24T07:13:00","modified_gmt":"2006-10-24T13:13:00","slug":"dismissal-of-legislators-traffic-tickets-causes-stir","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2006\/10\/dismissal-of-legislators-traffic-tickets-causes-stir\/","title":{"rendered":"Dismissal of legislator’s traffic tickets causes stir"},"content":{"rendered":"

\"\"<\/a>A controversy is brewing over whether a state representative facing re-election this year has benefited from an improper interpretation of a clause in the New Mexico Constitution. <\/p>\n

<\/o:p><\/p>\n

Some legislators believe Article 4, Section 13<\/a> of the constitution grants them immunity from receiving traffic citations when they\u2019re driving to or from legislative sessions. But that\u2019s not what the most recent attorney general opinion stated, or what the nation\u2019s high court has determined about a similar clause in the United States Constitution.<\/p>\n

<\/o:p><\/p>\n

This weekend, voters in House District 53 received a mailer from the New Mexico Democratic Legislative Campaign Committee charging the district\u2019s Republican representative, Terry Marquardt, with being \u201carrogant and irresponsible\u201d because he \u201cabuses his position\u2026 and our trust.\u201d<\/p>\n

<\/o:p><\/p>\n

At issue is that fact that Marquardt has had two speeding citations dismissed on grounds that the constitutional clause requires it. In the first case<\/a>, he was cited on May 8, 1999 for driving 85 mph in a 55-mph zone. The citation was dismissed by Otero County Magistrate Judge Richard Stokely on May 25 of that year.<\/p>\n

<\/o:p><\/p>\n

A note on the docket in the case states that \u201cJUDGE STOKELY DISMISSED ART IV SEC 13 OF STATE CONSTITUT.\u201d<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

Marquardt wa<\/span>s cited again<\/a> on May 8 of this year for driving 60 mph in a 45-mph zone. Again, Stokely dismissed the citation, and a note on the docket sheet states that \u201cDEF STATE REP GOING TO SANTA FE\/IF REP IS GOING TO SANTA FE FOR BUSINESS, TICKETS ARE DISMISSED.\u201d<\/span><\/p>\n

<\/o:p><\/p>\n

The DLCC flyer attacks Marquardt for the citations:<\/p>\n

<\/o:p><\/p>\n

\u201cMarquardt makes the law in Santa Fe<\/st1:place><\/st1:city>. He also breaks the law \u2013 not once, but twice,\u201d the flyer states. \u201c\u2026 Marquardt used his special position to avoid responsibility for his action \u2013 a little known provision of the NM Constitution that says legislators can\u2019t be ticketed for speeding if they\u2019re going to or from legislative sessions.\u201d<\/p>\n

<\/o:p><\/p>\n

Putting aside for a moment the fact that he isn\u2019t breaking the law if the constitution includes such a provision, here\u2019s what the clause in the constitution actually states:<\/p>\n

<\/o:p><\/p>\n

\u201cMembers of the legislature shall, in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and on going to and returning from the same. And they shall not be questioned in any other place for any speech or debate or for any vote cast in either house.\u201d<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

First, the clause states that it exempts legislators from arrest, not from being cited or charged. Second, former Attorney General Tom Udall issued an opinion in 1993 stating that the clause applies only to civil violations, not criminal violations that include traffic infractions.<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

The U.S. Supreme Court ruled in 1908 \u2013 four years before New Mexico became a state \u2013 that a similar clause i<\/span>n the U.S. Constitution did not apply to criminal infractions in part because the term \u201cbreach of the peace\u201d was derived from the term \u201cbreaching the King\u2019s peace,\u201d which was adopted from English common law and referred to all criminal violations.<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

The clause in the state constitution, like that in the U.S. Constitution, states that the exemption for legislators doesn\u2019t apply to felony crimes or \u201cbreach of the peace.\u201d<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

Udall\u2019s opinion was sought by the state\u2019s Department of Public Safety. New Mexico State Police Lt. Rick Anglada said the department currently has no written policy because it does not treat legislators differently than anyone else. Anglada said, in his experience, legislators don\u2019t seek special treatment.<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

\u201cWe certainly<\/span> don\u2019t look the other way,\u201d Anglada said. \u201cWe keep a close working relationship with the senators and legislators, and most are respectful of what we have to do.\u201d<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

There\u2019s no evidence that Marquardt received special treatment from police. He did, however, receive treatment from the judge that differed from the attorney general opinion and state police practice. I couldn\u2019t reach Marquardt for comment and magistrate court is not a court of record, so I can\u2019t tell you if he asked the judge for such treatment or if it was instead offered by the judge.<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

I\u2019m not accusing Marquardt or the judge of anything unethical. That is one of several possible explanations for what happened. That the DLCC put out a flier stating that legislators were entitled to such treatment is evidence that the belief is widespread, and Marquardt may have asked for o<\/span>r received what he believed to be appropriate treatment.<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

But Marquardt is the only legislator I found who had received such treatment. Several Do\u00f1a<\/st1:placename> Ana<\/st1:placename> County<\/st1:placename><\/st1:place> legislators have been cited for speeding and resolved the situations like the rest of us.<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

For example, State Rep. Joseph Cervantes, D-Las Cruces, was cited for driving 11-15 mph over the limit in 2000. He pleaded guilty and received a deferred sentence, according to online records<\/a>. State Sen. Lee Rawson, R-Las Cruces, was cited in 2002 for driving 21-25 mph over the limit, and also received a deferred sentence after pleading no contest, according to online records<\/a>.<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

Regardless, the DLCC flyer seems to be attacking all legislators, since it says all are entitled to such special treatment.<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

\u201cShameful. O<\/span>ne standard for us. Another for politicians like Marquardt,\u201d the flyer states.<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

It\u2019s common knowledge that Gov. Bill Richardson takes expeditious jaunts around the state all the time and gets away with it. Did the DLCC really intend to slam him?<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

Did the group intend to slam other legislators who believe they are entitled to speed all over the state, including its own committee members? It\u2019s clear from the flyer that the members of the group, led by Rep. Mimi Stewart, D-Albuquerque, think the constitution allows them to do this.<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

\n

If the attorney general opinion is to be believed, they are wrong, and Marquardt\u2019s tickets should not have been dismissed. But the DLCC flyer is spin and, if it\u2019s to be taken seriously, attacks all legislators, along with Marquardt.<\/o:p><\/span><\/p>\n

Attorney general opinions are researched arguments, not definite statements of law. The courts have not had the opportunity to clarify the clause\u2019s meaning.<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

\"\"<\/a>Marquardt\u2019s opponent on Nov. 7, who is featured in the DLCC flyer as the candidate who can \u201cend the arrogance of power,\u201d said he had little to do with the mailer and didn\u2019t know much about its claims.<\/o:p><\/span><\/p>\n

<\/o:p><\/span><\/p>\n

\u201cI think we all need to accept responsibility for our actions,\u201d Democrat Nate Cote said.<\/o:p><\/span> <\/p>\n","protected":false},"excerpt":{"rendered":"

A controversy is brewing over whether a state representative facing re-election this year has benefited from an improper interpretation of a clause in the New Mexico Constitution. Some legislators believe Article 4, Section 13 of the constitution grants them immunity from receiving traffic citations when they\u2019re driving to or from legislative sessions. But that\u2019s not […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-759","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/759","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=759"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/759\/revisions"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=759"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=759"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=759"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}