Wednesday, July 21, 2021

GOP mantra, apparently: If at first you don't succeed, hide it all from the public2

 

From Howard Fischer of Capitol Media Services, published in the Arizona Capitol Times -

Attorney argues courts can’t force lawmakers to follow open meeting laws

An attorney for the Arizona Legislature is arguing to the state Court of Appeals that lawmakers – and not the courts – decide when they have to have open meetings. 

In new legal briefs, Tom Basile said the state Constitution gives the House and the Senate “an unalloyed authority to determine its own rules of procedure.” And that, he said, makes it impossible for a court to determine whether either has acted wrongfully or unlawfully by excluding members of the public from its proceedings. 

The arguments are similar to those his law partner, Kory Langhofer, made to a different judge in contending that lawmakers are within their power to determine, without judicial interference, whether they have to comply with other laws regarding which records are public. 

Langhofer's argument was covered here.


Oh, and I'm not an attorney so take this with a grain of salt, but the last time I checked, laws outrank rules of procedure.

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