ON THE RECORD

The text of Georgia

HR 328: Encouraging the Speaker of the House of Representatives to resign from his leadership position; and for other purposes.

WHEREAS, although Georgia law (O.C.G.A. Section 17-8-26) allows attorney/ legislators to obtain court date extensions to meet bona fide legislative obligations outside of the legislative session, the Speaker has demonstrated unacceptable abuse of power and professional judgment by obtaining unjustifiable court date extensions; and

WHEREAS, these extensions have prevented access to justice for crime victims for 5-10 years for cases involving violent felonies, sexual crimes, DUI, and domestic abuse; and

WHEREAS, these cases include, but are not limited to:

A DUI case from 2008 that has received 17 court date extensions over 10 years;

A rape/child molestation case involving a 14-year old girl that has received 8 court date extensions over more than 5 years;

An enticing a child for indecent purposes case from 2009 that has received 14 court date extensions;

A domestic violence case in which the battered wife has been unable to have a trial for more than 5 years; and

WHEREAS, in the past two years, the Speaker has used his legislative privilege to delay justice in 21 court cases in four North Georgia counties through 57 separate court date extensions, 81.7 percent of which were granted for dates outside of the legislative session; and

WHEREAS, while the House of Representatives affirms the right to vigorous legal defense of the accused within our criminal justice system, as an officer of the court, an attorney has a legal obligation to never use his position as a legislator or Speaker of the House to delay justice for crime victims, many of whom are his constituents.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby encourage David Ralston, Representative from the 7th House District, to resign immediately from his role as Speaker of the House, and as a citizen legislator to represent his district and clients in a way that provides prompt and effective justice for all.