"It's a separation of powers issue," Gray said Tuesday. Constitution and the state constitutions of South Dakota's neighbors including Iowa, Minnesota and Nebraska all have clauses allowing their legislatures to expel a member with a two thirds vote.
criminal investigation has not Reebok Dmx yielded charges.
Attorney General Larry Long, who is representing the Senate, asked the Supreme Court last Thursday to intervene.
Sutton's lawyers ask court to avert Senate inquiry
Michael Salerno, a law professor at the University of California Hastings who specializes in separation of powers, said Tuesday that state and federal courts generally allow legislative bodies to govern the behavior of their members.
PIERRE Lawyers for Sen. Dan Sutton attacked on several legal fronts Tuesday to defend Sutton from what they say is an unlawful attempt to expel him from the state Senate.
But South Dakota's Constitution has no provision allowing for a two thirds vote, and the state's founding fathers specifically deleted such language that was found in the constitution of the Dakota Territory, Sutton's brief said.
Senate President Bob Gray, a Republican from Fort Pierre, said the Senate's arguments would be fully outlined in its answer to the brief filed by Sutton's lawyers. That's to be filed today.
In the meantime, Senate proceedings regarding Sutton are on hold pending the court's decision.
Even so, Senate leaders and their lawyers say they can discipline or expel Sutton.
court stepped into the Sutton quarrel last week after Butler and Duffy asked a circuit court judge in Moody County to stop a disciplinary hearing against the senator. That hearing was scheduled to begin Tuesday. That hearing is scheduled Reebok Dipset
"The Legislature is given power to expel members, but only for the specified reasons of conviction of violation of oath, swearing one's oath falsely, conviction of the crime of bribery, perjury, or other infamous crime. . It is clear, given the structure of our Constitution, that the Senate does not have the power to expel Mr. Sutton under the facts alleged," the brief said.
The state's high Saucony Men's Running Shoes
Sutton, a Flandreau Democrat, was accused last year of groping a high school page during the 2006 legislative session. A lengthy Saucony Omni 16
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