Commentary: Judiciary Committee meeting a virtual ‘debacle’
On March 31, Delaware’s Senate Judiciary Committee, chaired by Sen. Darius J. Brown, D-Wilmington, “met” in a “virtual meeting” to consider three very important bills, two of which were, indeed, controversial. Over 700 people signed up to participate in this “virtual meeting,” which was not held in the Capitol building as Delaware’s Founding Fathers had intended.
Sen. Brown announced several days prior to the meeting that he had allotted a mere 60 minutes, or one hour — just one — for the entire meeting and that he would allow a total of 25 minutes per bill, with each speaker being allotted a grand total of one minute — 60 seconds — to discuss a bill and to express the reasons for their support or opposition for each measure. He did this despite being warned that hundreds of people wanted to speak and participate.
Whatever the system of technological miracles Chairman Brown might have adopted for this meeting, they certainly did not work. In some cases, speakers were cut off before their 60 seconds had expired, and in other cases, speakers were allowed to exceed their allotted 60 seconds. And in some instances, mine being one, the system did not allow them to speak at all, even if lucky enough to be called upon — I wonder why?
As a lifelong Delawarean and an attorney admitted in Delaware and before the U.S. Supreme Court, I was both angered and embarrassed by the manner in which this “hearing” was conducted — not because I was not allowed to speak in opposition to a bill favored by the chairman and others of his party, but because never in my wildest dreams would I have believed that any member of the Delaware General Assembly, much less the chairman of the Senate Judiciary Committee, would have so blatantly ignored the mandates of both the federal and Delaware constitutions concerning the rights of the people to be heard.
I was angered by Chairman Brown’s arrogance and embarrassed that our state, the First State, could ever have a legislative body that displayed such disrespect for the people whom they supposedly serve and that could care so little for the opinions of their own constituents. Note that both Sens. Brian Pettyjohn, R-Georgetown, and Dave Lawson, R-Marydel, attempted to intervene and were partially successful in having the total time somewhat extended. I am grateful for their efforts.
I remind Sen. Brown and the other members of the Delaware Senate that Article I, Section 16 of the Delaware Constitution of 1897 in part reads: “(T)he citizens have a right in an orderly manner to meet together, and to apply to persons intrusted with the powers of government, for redress of grievances or other proper purposes, by petition, remonstrances or address.”
Likewise, we all know that the First Amendment to the U.S. Constitution, by application of the 14th Amendment, guarantees “the right of the people peaceably to assemble, and to petition the Government for redress of grievances.”
I wonder if Sen. Brown knows that, as well? Or the governor, who continues to keep everything in government closed, including Legislative Hall? That raises yet another question: “Does the General Assembly actually understand that they are a coequal branch of government, not subject to the political whims of the governor?” Probably not, but I digress.
To my brothers and sisters, the beleaguered voters of Kent County and the state of Delaware: It is time that we, the people of the state of Delaware, each in our own way, respectfully and peacefully announce to Sen. Brown and the other members of the Delaware General Assembly that enough is enough.
It is time for the Delaware General Assembly to be reminded that they were elected to serve us — the people of the state of Delaware. It is time for the Delaware General Assembly to return to Legislative Hall and to return to the normal order of business.
It is time for the individual members of the Delaware General Assembly to reread their oaths of office and to reconsider the true meaning of the Delaware Bill of Rights and the U.S. Bill of Rights.
And it is time for the members of the Delaware General Assembly, Sen. Brown included, to come down off their high horses and listen to the people — all the people, all the time, not just when it suits them.
It is time for Sen. Brown and the rest of the General Assembly to return Delaware’s legislative process to a legislature “of the people, by the people and for the people.” Enough is enough.
Sen. Brown’s recent Judiciary Committee debacle was more than too much — it was totally unacceptable.
John C. Sigler is a Dover attorney admitted to the practice of law in Delaware, Maryland and before the United States Supreme Court. Mr. Sigler is a past president of the National Rifle Association of America and a past president of the Delaware State Sportsmen’s Association.
