Glazier: Wright got 'super due process'

Thomas WrightRep. Rick Glazier says the Select Committee etc. etc. on Rep. Thomas Wright went above and beyond.

The Fayetteville Democrat, who chaired the ethics committee that investigated Wright, said that they did more than they needed to in investigating Wright.

"A slow and deliberate process was taken to ensure that Representative Wright's constitutional and fundamental fairness rights were taken into account throughout these proceedings, as well as the rights of the people of the state of North Carolina," he said.

He noted that the Select Committee met five times for a total of eight days in open meetings, requested the state attorney general investigate, and allowed Wright to have legal counsel. He said they heard from seven witnesses under oath and looked at 21 documents.

He also said that Wright was "eloquently and passionately and zealously" defended — kind words considering that Wright's attorney essentially called the committee racist at one point.

He also said that the committee used a standard of "clear and convincing evidence" — a higher standard than required in most civil cases in North Carolina — because of the seriousness of the charges.

"Representative Wright has not only been afforded due process through this proceeding, but super due process," he said.

The rules of the game

Thomas WrightThe special session Rep. Thomas Wright has 11 rules.

Under a House resolution, the session to consider expelling the Wilmington Democrat from the legislature sets the ground rules.

Two are of special interest:

Rule 5: Adoption of a resolution to expel a member of the House of Representatives shall require an affirmative vote of two thirds of all the members of the House, notwithstanding any other provision of law.

For those keeping track at home, that means 40 of Wright's colleagues would have to vote against expulsion to allow him to keep his seat. More here from Mark Binker.

Rule 11: Notwithstanding RULE 59, only two members may be listed as primary sponsors of a resolution to expel a member of the House of Representatives. No members may be listed as cosponsors of that resolution.

That means the resolution for expulsion will likely have only the names of Rep. Rick Glazier and House Minority Leader Paul Stam, the ranking members of the Select Committee etc. etc. on Wright.

The full rules, after the jump.

Hackney calls for special session

Thomas WrightJoe Hackney has called for a special session.

The speaker of the state House of Representatives has asked Gov. Mike Easley to call a special session for 10 a.m. on Thursday, March 20.

The legislature would consider a resolution regarding the recommendations of the Select Committee to Investigate Alleged Misconduct and Other Matters Included in Indictments against Rep. Thomas Wright.

Last week, the bipartisan committee recommended expelling Wright over a series of ethics violations that it called "breathtaking."

Wright, a Wilmington Democrat, would be the first legislator expelled since 1880.

Pinsky: Well done, House

Thomas WrightJane Pinsky thinks the Select Committee etc. etc. did well.

In a post on The Progressive Pulse, the director of the N.C. Coalition for Lobbying and Government Reform praised the committee that recently decided to recommend expelling Rep. Thomas Wright last week.

She writes that the committee chose to open its meetings to the public and discussed evidence in a "slow, careful, purposeful way."

Regardless of whether you like the Committee's decision to recommend that Rep. Wright be expelled or not, we all need to commend the committee members and staff for taking on this tough and unpleasant task and completing it in an exemplary manner. They have gone a long way towards restoring our faith in the democratic process and deserve our thanks. 

Pinsky adds that this has not always been the case in other expulsion decisions.

Lawmakers keep pushing on Wright

State lawmakers will push ahead on ethics charges against Rep. Thomas Wright even though a judge has agreed to delay Wright's trial on related criminal charges.

A special House committee began issuing 11 subpoenas today in the ethics case against Wright, a Democrat from New Hanover County, reports Mark Johnson of The Charlotte Observer. The panel's chairman said a full hearing will start next Monday at 11 a.m.

"After a year of these charges pending in many different forums, it's time to get them resolved," said Rep. Rick Glazier, a Fayetteville Democrat who geads the committee.

Joe Sinsheimer, the former Democratic campaign researcher whose campaign finance complaint launched the case against Wright, said Glazier's decision was "welcome news after nearly a year of delay."

Neither Wright nor his lawyer attended today's proceedings at the legislature. They also did not submit a list of witnesses, as the committee requested.

Read more after the jump.

More on Wright's standard of proof

A House committee has three options.

The Select Committee etc. etc. can come to three possible conclusions on Rep. Thomas Wright's guilt based on its standards of proof, as explained by its attorneys to Dome.

* Guilty. The committee can find by "clear and convincing evidence"—the highest civil standard, but below "beyond a reasonable doubt"—that Wright committed the crimes he's accused of and recommend he be expelled.

* Innocent. The committee can find by "a preponderance of evidence"—a slightly lower standard than "clear and convincing evidence"—that Wright did not commit the crimes he's accused of and recommend he be exonerated.

* Unsure. The committee can fail to find "clear and convincing evidence" of guilt but not find "a preponderance of evidence" that he's innocent either.

In the third case, the committee would fail to take action. In other words, a tie means he gets to keep his seat, but his good name isn't restored either.

What is Wright's standard of proof?

What is the standard of proof for Rep. Thomas Wright?

The rules set up for the Select Committee etc. etc. on the Wilmington Democrat mention two standards (bold ours):

If the Committee finds that the alleged violations are not established by clear and convincing evidence, the Committee shall report this to the House of Representatives and to the accused legislator. If the Committee finds by a preponderance of evidence that the accused legislator should be exonerated of the charges, the chair shall transmit this finding in writing to the accused legislator and to the House of Representatives.

Generally speaking, these are the standards used in civil trials, and not in criminal proceedings (where the standard is "beyond a reasonable doubt.").

But they are sometimes seen as different standards, with "preponderance of evidence" being the lowest standard and "clear and convincing evidence" slightly higher.

Select Committee on Rep. Wright meets

The Select Committee etc. etc. on Rep. Thomas Wright is meeting.

The six-member, bipartisan committee has nine pages of rules on how it will conduct its business.

It can request Speaker Joe Hackney hire outside investigators and attorneys, if necessary. It can also interview potential witnesses with relevant information.

After a preliminary investigation, the committee will determine by a majority vote if there is probable cause. If the answer is yes, the committee would then hold a public hearing.

Wright has some rights, too. He is allowed to hire a lawyer to defend him, and he will have access to all evidence at least 10 days prior to the hearing.

Ethics Committee meets tomorrow

Thomas WrightA committee considering expelling Rep. Thomas Wright meets tomorrow.

The House Select Committee to Investigate Alleged Misconduct and other Matters Included in Indictments Against Rep. Thomas Wright will hold its first meeting at 4 p.m. in Room 544 of the Legislative Office Building.

The committee with the unwieldy name will consider criminal indictments against the Wilmington Democrat that he defrauded banks, corporations and political donors.

Separately, the Joint Legislative Ethics Committee will look into whether Wright improperly used his office to convince a state worker to write a fraudulent letter that helped him secure a $150,000 loan.

A spokesman for Speaker Joe Hackney said the meeting will be mostly, er, housekeeping, setting up a schedule and laying down the rules of the game.

Hat Tip: Tim Boyum

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