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Friday, April 29, 2005

 
MORE LAWYER BASHING

Representative Todd Rutherford, D-Columbia, proposed eight amendments to a bill to increase the penalties for criminal domestic violence. Some of these proposed amendments reduce the fines and the mandatory jail time attached to convictions.

According to an article in the Post and Courier, the bill's supporters said the changes would defeat the purpose of the legislation. (The following quotes are from the Post and Courier.)

"This is an effort of people who don't support it to water it down and kill it," said Representative. Gilda Cobb-Hunter, D-Orangeburg.

Rutherford, who is Black and a former prosecutor, indicated that he had spoken with judges and prosecutors who said it would be difficult to prosecute cases under the bill's guidelines. He also explained the basis for his position to The State newspaper.

"I am not trying to water it down. I am not trying to obstruct the bill," he said. "I am trying to make it effective." But Laura Hudson, a victims' rights lobbyist, questioned Rutherford's motives, saying as a lawyer he is working for his own gain.

"Is this because he's thinking from his wallet or because he's thumbing his nose at the Republican leadership?" she said. "Obviously, it's an effort to delay the bill." Rutherford called her analysis "sick."

"When I disagree with other people, I don't question their motives," he said. "She doesn't understand the effects of this bill."

We still think that it would be wise for supporters of this bill to concentrate on the text of the bill as opposed to the motives of those who either support or oppose it. The whole issue of whether judges can be told to impose mandatory sentences is one that is under scrutiny throughout the country and which may be raised in the South Carolina Senate. Wouldn't it be better to work out the kinks now as opposed to later?

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