HB 71 Ensures Judicial Justice
Kelly D. Affannato, Delaware Voice

Last Tuesday should remind us that democracy -- even in the First State -- is not always as easy as that historic trip to the primary election polls in Delaware and 22 other states.

Democracy has stumbled and stalled in the consideration in the Delaware General Assembly of House Bill 71, which would restore to the judiciary sentencing discretion in drug crimes that has been usurped by prosecutors and law enforcement in the form of the legislatively-imposed "mandatory minimums."

First, democracy has stumbled because this issue even exists, because political expediency triumphed and reduced the efficacy of Delaware's vaunted judiciary, one of the things for which Delawareans are held in national esteem by the bench and bar, as well as the business community, throughout our great land.

This embarrasses the Delaware judiciary and the Delaware bench in front of the world, effectively undermining the business value of our Court system.

Second, democracy is stalled because Senate leaders will not allow out of the Senate Executive Committee for floor discussion and debate legislation, H.B. 71, a bill that their colleagues in Delaware's House of Representatives passed last year. It is difficult not to see this as an affront to the citizens of Delaware represented by those colleagues in the House.

Finally, for the fiscal conservative, passage of H.B. 71 could effectively relieve prison overcrowding that exposes Delaware taxpayers to two harsh remedies, either the prospect of litigation by inmates who feel harmed by their Delaware correctional experience as a result of the overcrowding or the bricks and mortar solution -- new prison construction -- an extraordinarily expensive alternative.

Failing to do so will almost certainly result in higher expenditures by the State, the bill for which must be sent COD to State of Delaware taxpayers.

Stand Up for what is Right and Just (SURJ) is a bipartisan advocacy group which includes members such as Delaware Gov. Russell Peterson, respected legal voices Victor Battaglia Sr., O. Francis Biondi, Esq., Edmund N. "Ned" Carpenter II, Bruce M. Stargatt, Esq., labor leader Sam Lathem, former Supreme Court Justice Joseph Walsh, and former FBI Director and SURJ Board Chair Hon. Louis Freeh.

In addition, I hope that our Senate will not ignore the endorsements of distinguished good government groups including the A.F.L.-C.I.O. of Delaware, CHILD, Inc., Churches Take A Corner, the Delaware NAACP, Latin American Community Center, and League of Women Voters.

That all being said, I recognize that other citizens have differing views. Delaware will never know, however, unless we all have a chance to practice democracy by having H.B. 71 publicly heard, debated, and voted upon by our citizen legislature.

The people of Delaware may disagree on many issues, but I strongly doubt that anyone disagrees on the basic process of free and open discussion, the foundation of American democracy.

This is why I strongly encourage the movement of H.B. 71 out of committee and to the Senate floor.

Kelly D. Affannato is an attorney and executive director of Stand Up for what's Right and Just (SURJ).