Rock, Janesville law enforcement have no plans to arrest missing senator
JANESVILLE — Democratic Sen. Tim Cullen would not be detained if he returned home to Janesville unless a judge signed a warrant for his arrest, local law enforcement officials said Friday.
Cullen and 13 other missing Democrats were found in contempt of the Senate on Thursday, allowing the chamber’s sergeant at arms to use police force to detain them if necessary.
“Unless he has a valid arrest warrant, we’re not going to take anyone into custody for a violation of Senate rules,” Rock County Sheriff Bob Spoden said. “Our position is that this is a matter between the majority Senate and the minority Senate, and they need to resolve it through house rules.”
Cullen, a Janesville Township resident, and other Democrats fled to Illinois to avoid voting on a union rights bill. Gov. Scott Walker has proposed taking away most collective bargaining rights from public workers.
Cullen said in a phone interview Friday that he isn’t worried about getting arrested if he comes home. He said the order is another way for Senate Republicans to apply pressure on Democrats.
“You can’t get arrested unless you commit a crime,” Cullen said. “I have not committed a crime.”
He said he would resist if anyone tried to detain him. He said anyone on his property trying to detain him could be arrested for trespassing or disorderly conduct.
He added that Wisconsin State Patrol has already been to his house twice.
“It’s just all a show,” Cullen said. “There isn’t the slightest way they can detain me and force me to go back to Madison. You have to commit a crime to be arrested, and this, by everybody’s standing, is not a crime.”
Spoden said Cullen hasn’t violated state statutes that could result in his arrest. He said no one in Madison has given him an arrest warrant or asked for help detaining Cullen based on the Senate’s order.
“If they come and request us to go to Tim Cullen’s house to take him into custody, my response would be, ‘If we do not have a valid arrest warrant signed by a judge, then we won’t take him into custody on a violation of Senate rules,’” Spoden said.
Janesville Police Chief Dave Moore said his department also wouldn’t make any effort to detain Cullen if he is seen in the city.
“I have told our officers if there is an arrest warrant issued for Sen. Cullen, we would take him into custody based upon probable cause to do so,” Moore said. “He has violated no crime or no law in the city of Janesville.”
A warrant or order to detain Cullen also hasn’t been given to the police department, Moore said.
After the contempt order was signed, the Senate Democrats said they would stay in Illinois and not return. They said they hadn’t done anything illegal and couldn’t be arrested.
An attorney for the Senate Republicans said the state constitution gives them authority to act to compel attendance under its rules.
It is unclear whether the sergeant at arms can issue an arrest warrant for the missing senators unless they commit crimes, Spoden said
“The way this is written, the Senate and only the Senate may act to enforce the duty of attendance,” Spoden said.
The Gazette could not reach anyone at the State Patrol or the Senate Chief Clerk’s Office to comment on whether paperwork has been filed to detain Democratic Senators.
Mar 7, 2011 at 10:49 a.m.
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"No plans" is not the same as "will not."
Mar 6, 2011 at 3:33 p.m.
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Is that a terrorist threat, JR? It sounds a lot like it to me. Hope Gazette staff passes the information along to Homeland Security.
Mar 6, 2011 at 2:29 p.m.
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copperguy: Touche'. I always forget that there's two generations running the family business.
Mar 6, 2011 at 12:11 p.m.
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wando: You can add Fitz-daddy to that list, as well.
Mar 6, 2011 at 11:23 a.m.
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john: If by "they" you mean the Fitz bros. and Walker, I totally agree.
Mar 6, 2011 at 10:29 a.m.
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Maybe they should resign for refusing to do there job along with Tim Cullen
Mar 6, 2011 at 10:27 a.m.
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Just wait till Supreme Chancellor Walker declares martial law and issues the "Wanted--Dead or Alive" orders and rewards for these "missing" senators! The TV bounty hunters will be out in force in no time (and never think it couldn't happen with this walk(er)ing textbook case of "short man syndrome" in public office!).
Mar 6, 2011 at 8:07 a.m.
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" The Wisconsin Constitution is clear. It reads: “Members of the Legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the Legislature, nor for 15 days next before the commencement and after the termination of each session.”
Fitzgerald would have us believe legislative rules give him the authority to override the constitution. But a legal analysis prepared by the law firm of Cullen, Weston, Pines & Bach shreds that argument: “None of the 14 absent senators has been charged with a crime. Nor has any crime occurred. The Wisconsin Senate has absolutely no authority to order any of its members arrested or taken into custody in order to compel their attendance.”
http://host.madison.com/ct/news/opinion/...
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End of story. Fake budget crisis, Fake arrest threats, Fake people.
Mar 6, 2011 at 12:57 a.m.
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I for the life of me, cannot understand why people keep responding to Joel_Rodgers/Cass. Stop feeding the troll, and hopefully he'll go away. Secondly, I cannot believe any of the moderators for Gazetteextra have not squashed him/them yet. Perhaps if Joel/Cass were spouting nonsense from the other side of the aisle it would be another story. Case in point. Yesterday at 3:39pm, on the topic of Wis. teacher thinks he has better idea on collective bargaining, Cass posted "Can not tell the players without the score cards
*Union Players
Jesse Jackson
Michael Moore
Janesville City Manager Eric Levitt
President Obama
Madison's 60's bomber Bill Ayers
Richard Trumka
Rock County Officer Spoden
Tim Cullen
Janesville City Council
___
** Scott Walker Players
Majority of Wisconsin residents
Friend David Koch
__
Score card tells me to be on Team Scott Walker.
At 10:45 last night, Joel_Rodgers, on the topic at hand posted: Can not tell the players without the score cards
*Union's Players
Jesse Jackson
Michael Moore
Janesville City Manager Eric Levitt
President Obama
Madison's 60's bomber Bill Ayers
Richard Trumka
Rock County Officer Spoden
Tim Cullen
Janesville City Council
Janesville Police Dave Moore
___
** Scott Walker's Players
Majority of Wisconsin residents
Friend David Koch
__
Score card tells me to be on Team Scott Walker.
Coincidence? Such a blatant repost under a different pseudonym, makes Joel Cass a poster of the worst sort.
Mar 6, 2011 at 12:16 a.m.
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Joel-- I do not believe there is a law against taxation without representation.(check out the District of Columbia) It is one of the principles that led our founding fathers to declare independence from England, but not a law with a penalty for violation. Once again, you need to get past this idea that you can punish the people who disagree with your political ideology.
Mar 5, 2011 at 10:43 p.m.
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Joel: Call me crazy, but maybe he said he would resist because it would be legally wrong if anybody did try to detain him or arrest him?
Mar 5, 2011 at 10:18 p.m.
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Joel: Is Tim taxing you extra while he's in Illinois? If he is that's really not fair.
Mar 5, 2011 at 9:45 p.m.
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Joel Rodgers=Cass
Either come up with an original thought or admit you have 2 screen idenities.
Mar 5, 2011 at 4:10 p.m.
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I'm totally against them running away like they did but I agree.
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