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legislator’s right to argue freely without fear of being questioned elsewhere for words spoken in legislative debate. I admit that Walker, Gartlan and Emiek are names that pale when compared with Madison, Henry and Jefferson, but who is to say that one of our successors’ eloquence on some particular issue may not save our form of government from extinction in the year 2020? Free debate has slowed kings and would-be kings at earlier times in our history!
The unbridled power of the exec-% utive (Attorney General) to prosecute legislators in a court of law as permitted under the Comprehensive Conflicts Act is a clear violation of Virginia’s constitution, even if it costs votes; and even if elected officials aren’t too popular with the public, somebody must urge restraint in these matters.
Lastly, we return to the Babalas case and the recent decision of the Circuit Court of the City of Richmond. Judge Thomas N. Nance missed a golden opportunity to return sanity to this subject. Judge Nance, a friend and classmate of mine, obviously was asleep during our constitutional law class many years ago for he not only failed to recognize the absence of power in the judiciary to try legislators for legislative acts, but by his summary action on the argument advanced he encouraged more executive and judicial intrusion in purely legislative actions.
' There are, however, things that should be done to assure more public confidence in elected officials.
First, we legislators must move immediately to clean up our houses. If the conduct is improper, then we must say so and if a member’s conduct is bad enough, then we must expel him and call for an election in his district. Second, no special treatment should be shown legislators except those guaranteed by the constitution. If a legislator takes money to cast a vote, indict him for bribery and prosecute him fully. The crime is complete when he agrees to accept money for his vote and there is no need to look at his legislative activity.
We should be careful to a fault when we tinker with carefully crafted constitutional principles in the name of trying to get rid of a few unsavory characters. SEN. DUDLEY J. EMICKJR. 22nd Senatorial District Fincastle, Virginia
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