House not ready for deaf jurors

The House voted to send back to committee a bill meant to bring the state's procedure on seating deaf jurors into compliance with federal law.

State law has been contrary to the Americans with Disabilities Act because it says deaf jurors cannot be seated as jurors. In practice, the Administrative Office of the Courts has advised judges and other court officials to allow deaf people to remain in jury pools and to have an interpreter assigned to them.

Opponents of the bill, primary lawyers, have expressed concern that the bill could force lawyers to seat a deaf juror.

"if you're going to be in court and you're going to have your case heard, you want to make sure you're being heard," said Rep. Bill Faison, an Orange County Democrat.

Faison said his concern was over whether the change would force a lawyer to use one of their limited supply of peremptory challenges that allow a lawyer to reject a juror for any reason.

Rep. Rick Glazier, a Fayetteville Democrat, said opponents were making much out of a bill that needed to pass.

"This is simply a conforming change that we're required to do since our state has been out of compliance and illegal under the ADA," Glazier said.

More after the jump.

"We can't have quadriplegics running track, nor do we need to have deaf persons serving on juries."
Rep. Ronnie Sutton, a Pembroke Democrat, on July 16, explaining why he opposed a bill providing for interpreters for deaf people who are picked as jurors.

Deaf jurors debated

A bill that would have provided a procedure for judges to deal with deaf jurors led to a debate in the House over whether those who cannot hear should sit on a jury.

The bill would gurantee an interpreter for hearing-impaired jurors.

But some House members questioned whether a such a juror could properly appreciate the nuance of testimony.

"This is one example of taking political correctness too far," said Rep. Ronnie Sutton, a Pembroke Democrat. "We can't have quadriplegics running track, nor do we need to have deaf persons serving on juries." 

Rep. Rick Glazier, a Fayetteville Democrat, said hearing impaired jurors have already served in North Carolina trials. Several states have similar laws providing for interpreters in those cases, he said. The bill still allows lawyers or judges to reject a hearing impaired juror.

"A hearing impaired juror who has the capacity to particiapte fairly and impartially ought to be allowed," Glazier said.  

Reps. Ruth Samuelson, a Charlotte Republican and Deborah Ross, a Raleigh Democrat, pointed out that deaf people may pick up on subtleties that others miss because they are using different senses. And Ross, said, just because a person can hear doesn't mean would they would be a good juror.

"There may be plenty of people who can hear but don't listen," Ross said.

Opponents to the bill sought to send it to its death in a committee. Glazier successfully avoided that by having the bill delayed until next week. 

Domain bill condemned to committee

The House sent a proposed constitutional amendment restricting condemnations back to committee.

The amendment would prohibit the government from taking property through eminent domain for the purpose of selling the property for economic development. The amendment would also establish in the constitution that government can't take property without just compensation.

"It is a universal desire of all people in all cultures and all places that they want their property secure from a taking by the governmet or a taking by anybody," said Rep. Paul Stam, a co-sponsor of the bill and an Apex Republican.

House members said the bill should be taken off the House floor because Stam offered amendments to the bill.

"It just bothers me that we have a bill on the floor to amend the constitution and we're going to amend it at the last minute," said Rep. Ronnie Sutton, a Pembroke Democrat.

Stam said his amendments were minor and not unusual and were being used as an excuse by opponents to kill the bill.

The House voted 60 to 56 to send the bill back to committee.

Legislator remembers fallen nephew

Ronnie SuttonThe state House remembered fallen soldiers today.

The House clerk read aloud the names of soldiers from North Carolina who died in Iraq and Afghanistan since May of 2008 in a joint resolution to express its "profound gratitude" for their sacrifices.

Several legislators praised the soldiers, but one had a more personal reason to remember.

Rep. Ronnie Sutton, a Robeson County Democrat, said the fewest words but had the most emotional impact of any of the speakers.

"I direct your attention to page 3, line 27," he said, noting the spot where the name of Lance Cpl. Jeriad P. Jacobs of Clayton was listed. "That's my nephew."

After gathering himself for a moment, he went on: "He's a 19-year-old Marine, the only son of my sister Janet. He was killed while on patrol after less than three months in Iraq. Thank you."


Sutton on nephew

Bill would allow licenses restored

The House passed a bill to allow habitual drunk drivers to get their licenses restored if they had a clean record after 10 years.

State Rep. Ronnie Sutton, a Robeson County Democrat, said he filed House Bill 1185 to help people who "screwed up their life early" if they can show they have reformed.

Currently, North Carolinians convicted of being habitual drunk drivers have their licenses revoked for life.

The bill would allow people to petition to get their licenses restored after a decade if they had not had a drinking- or driving-related offenses since. It would allow the state Division of Motor Vehicles to put conditions on their license.

"This is something to allow a person who has had a real problem to straighten their lives out and hopefully find themselves on the straight and narrow," he said.

Rep. Edgar Starnes, a Caldwell County Republican, said the bill sends the "wrong message."

"Drunk driving is still a serious problem," he said. "This statute was enacted beccause we have to recognize that there are some people in this state who have no business with a license. A driving license is a privilege."

More after the jump.

Easy to lobby for the military in N.C.

Zeb Alley says veterans didn't write a spate of recent bills.

The longtime lobbyist, who works pro bono for the N.C. Veterans Council, said that group has pushed a handful of bills that would elevate the veterans commission to a Cabinet-level post, for example.

But a spate of recent bills to allow free admission to museums, among other things, comes from legislators themselves.

"Those bills are dreamed up by members of the General Assembly," he said.

Alley, an Army veteran who received a Purple Heart in Korea, said that there are a lot of veterans in the legislature, such as Reps. Grier Martin, Ric Killian and Ronnie Sutton. But he said pretty much all of the legislators are military-friendly.

"It's an easy group to lobby for because they're all anxious to help veterans," he said. "You don't have to be a veteran to be a friend of the veterans."

House bills of note

Recent House bills of note:

H.B. 370: Salary of Secretary-Health and Human Services, Rep. Verla Insko

H.B. 388: Campaign Disclosure, Reps. Beverly Earle, Earline Parmon, Marvin Lucas and Becky Carney

H.B. 390: Poultry Worker Protection, Reps. Earle and Insko

H.B. 397: Conscience Protection/Contraceptive Coverage, Rep. Mark Hilton

H.B. 399: U.S. Senate Vacancies, Rep. John Blust

H.B. 409: Annual Archeology Reports, Rep. Ronnie Sutton

H.B. 413: Limit Legislators to Four Consecutive Terms, Rep. Johnathan Rhyne

Yet more House bills from day two

Several more House bills were filed this afternoon:

H.B. 21: Eugenics Program - Support and Education, Reps. Larry Womble, Ronnie Sutton, Earline Parmon and Martha Alexander

H.B. 22: Enhance Youth Employment Protections, Reps. Jennifer Weiss, Melanie Wade Goodwin, Paul Luebke, Angela Bryant

H.B. 23: Strengthen Child Labor Violation Penalties, Reps. Weiss, Luebke, Bryant and Goodwin

H.B. 24: Funds for Cochlear Implants / CASTLE, Rep. Verla Insko

H.B. 25: Clarify SCFAC Appointments, Rep. Insko

H.B. 26: Stay Beach Plan Rates, Deductible Surcharges, Reps. Timothy Spear, Carolyn Justice

More House bills from day two

A few more bills have been filed in the House:

H.B. 15: Military Family Assistance Center / Funds, Rep. Cullie Tarleton

H.B. 16: Retired Judge May Perform Marriage, Rep. Russell Tucker

H.B. 17: Asheboro Satellite Annexation, Rep. Harold Brubaker

H.B. 18: Speech Language Pathologist Qualifications, Rep. Bill Faison

H.B. 19: MLK's 80th Birthday / Obama Inauguration, Reps. Larry Womble, Paul Luebke, Jennifer Weiss, Earline Parmon

H.B. 20: Compensate Eugenics Sterilization Survivors, Reps. Womble, Parmon, Ronnie Sutton and Martha Alexander

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