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September 27, 2005 08:00 AM UTC

At Least They'e Not Your Legislators

  • 26 Comments
  • by: Colorado Pols

We’ve got another good entry for our ongoing feature, “At Least They’re Not Your Legislators.” This story comes from the fine state of Georgia.

State Rep. David Graves, charged with drunken driving for a second time, was denied by a judge Tuesday in his contention that his position as lawmaker means he cannot break the law while the Legislature is at work.

Graves, a Republican from Macon, Ga., tried to use a centuries-old provision in the state constitution to argue that he should not be prosecuted for a DUI he received in Cobb County in February. The arrest was made during Georgia’s 2005 session of the General Assembly.

Cobb State Court Judge Irma B. Glover denied Graves’ request to use the “legislative immunity” defense. Graves’ attorney, William C. “Bubba” Head, immediately filed a motion to appeal the decision to the Georgia Supreme Court.

Graves – chairman of the House committee overseeing laws governing the alcohol industry – has said that on Feb. 15, he and other committee chairmen went from the Capitol to a dinner meeting, where they conferred about the status of legislation and plans for the next legislative day. His lawyer argued that Graves should have been granted immunity from arrest because he was leaving a gathering that was tantamount to a committee meeting, according to legal filings…

…The provision, which dates back to 1789 and was written to protect lawmakers from political intimidation, holds that a lawmaker cannot be arrested during sessions of the General Assembly, legislative committee meetings or while they are in transit. It does allow arrests for “treason, felony, or breach of the peace.”

Graves also is awaiting trial on another DUI charge from March 2004, when authorities said he ran a red light. If convicted on one or both charges, Graves could face fines, jail time and perhaps the loss of his House committee chairmanship.

Poor guy. That’s probably the kind of defense you get when you hire a lawyer named Bubba Head.

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26 thoughts on “At Least They’e Not Your Legislators”

  6. Somehow, a thread blending the notion of Bubba Head and Bill Clinton offers irresistibly obscene possibilities.
    Wasn’t it Monica who was accused of giving Bubba Head?  Or was that Marshall?
    I get so confused.
    Where’s Iron Mike when I need him?

  9. Its no contest. Bush= WORST PRESIDENT EVER. The lying incompetent dry drunk frat boy who’s addicted to favoritism and cronyism leading to criminal negligent deaths in NO. Clinton was, competent, a great policy and political leader, led this country to a balanced budget, etc. etc. The facts are history’s.

  11. Sorry, the majority of the country did not believe your Hero.  That is why you lost the presidency after Clinton.

    By the way, which definition of “is” do you use?  The dictionary or Billy-Boy’s?

  12. I can’t believe the astute folks here don’t even remember that a Colorado legislator tried that same defense a few years ago (I think it was Jack Evans, but I’m not positive), although it was for speeding, not a DUI.

  13. It was John Evans Republican from Douglas County. The problem was for him that the legislature wasn’t even in session. Gotta give this guy points for originality. At least Russ George took it like a man and actually said I screwed up when he was Speaker and got a DUI. Anyone remeber the legislator David Bath who was caught with underage boys wonder if this defense would work for him?

  14. If my memory is right, Stoned, Bath was an ex-legislator when the gay porn film thing came out.  He had been a ‘”FAMILY values” right-winger closely allied with Don Mielke.  I felt sorry for him, despite his far right politics he had a real streak of decency in him.

  15. Stoned, Bath was an ex legislator when he was found to have appeared in a bisexual pornographic film.  A google search found no reference to underage boys.  He needed no legal defense because he had broken no laws, but for a right-wing Republican with close ties to Faith Bible Chapel to be exposed as a (gasp) homosexual put paid to his political career.  He had been a close ally to Don Mielke, but I always felt he was a fairly decent guy for all of it.  He may have been a hypocrite, but if that was a crime, we’d all be doing time.  As Oscar Wilde said, hypocrisy is the tribute vice pays to virtue.

  22. voyageur  – I just ran a quick search of the net and it was amazing how little came up on Bath considering the nature of the story. Yes and No to the underage boys.  The “boy” was 17 or 18 year old. Under Colorado law consensual sex with a boy that age wasn’t illegal.  However, the right-wing Republican Bath sponsored and got passed a pornography law which made filming such an act illegal.  It would have been legal if not for the very law Bath introduced!!!

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