I received information today that both Delegates Jill Carter and Michael Smigiel were to be ousted from the House Judiciary Committee but that the Speaker had a change of heart after receiving a flood of complaints from everyone from fellow committee members, to trial lawyers, and dozens of Carter's constituents. According to some members of civic groups and Legislative Black Caucus, an attack on Carter is an attack on them. If that is, in fact, true, perhaps they should prepare to counter attack. Apparently, Speaker Busch has now stripped her of her role as sub-committee chair and demanded her exclusion from any leadership position. Why is Speaker Busch suddenly gunning for Delegate Carter? The non-lawyer, vice-chair is threatened by her knowledge and strong advocacy on issues he doesn't understand and always stands with the non-lawyer, Speaker and the Governor. The Governor and Vice-Chair are using their power for evil, and the Speaker is their henchman. Shame on you, democrats, that you would seek to harm one of your own just because she does not walk in lock step with you when you are wrong. I support Jill Carter and Michael Smigiel!!!!!

I support Jill Carter and think that because she is a woman with a very clear mind of her own she is being discriminated against. Particularly because of her support for allowing innocent people to live their lives.

I am writing you in support of proposing a procedure to expunge domestic violence petitions under certain circumstances. It is arbitrary and unjust that a final domestic violence petition or peace order that is dismissed because of perjury, lack of statutory basis or otherwise, is maintained on the public record and cannot be expunged. The state maintains these records despite zero fact finding. With the ease in which these orders are granted, a person should definitely be able to have them expunged when they are dismissed.

Maintaining these records prejudices an individual the same way maintaining a criminal record does. These domestic violence petitions normally include allegations of criminal acts. These petitions that are maintained on the public record serve to permanently affect an individual's opportunity for employment, future relationships and generally defame a person without any fact finding or opportunity to have them otherwise disproved or removed. Often, the state sword is used as a tool of vengeance. Not allowing a person to expunge these records violates general notions of fairness and justice. The state by maintaining these public records deprives a person of their liberty interests without real due process. The state has no compelling reason to maintain these public records. The same rational that is used for allowing the expungement of criminal charges or civil infractions issued in lieu of criminal charges that are dismissed should be applied to domestic violence petitions. The prejudice to an individual is the same in either case. Due process and the presumption of innocent until proven guilty lay the foundation for a free society. These substantive and procedural safeguards cannot be circumvented and thrown out the window simply because of the “civil” label given to these petitions.
Mere allegations can be made against anyone (including members of the State House) at anytime, with this procedure that is designed to protect people. You may have to permanently explain these mere allegations whether you are seeking employment or whether you are running for public office. These procedures were designed to protect people and that is a worthwhile and a very important goal. However, when these allegations are not sustained or are otherwise dismissed for whatever reason, justice demands a mechanism to have these allegations removed from the public record. Those of you who voted against the Bill clearly have not had an obscene and fabricated allegation made against you in a format that insures that your future will suffer indefinitely. What could be a better procedure and tactic for a dishonest and reckless person to use against a public official to embarrass them and cause them indefinite difficulties? Maybe if those members that voted against the Bill can internalize such a question then that would lead them to what is clearly a fair and just conclusion. Mere allegations that are made and cannot be sustained, even with a substantially lower burden of proof, must be removable from the public record. Mere allegations that are otherwise dismissed for any reason must be expungeable without depriving an individual of the spirit of due process and justice.

Protecting people should be paramount! The need to protect people from violence and abuse is real. The law must protect people against violence and harassment. But, when the state creates a mechanism that allows a person to do legal violence against another person and enables a person under the guise of being a victim to harass another person and the state has no remedy to effectuate the ends of justice then the state is aiding and giving comfort to the same type of harassment and violence that it seeks to prevent. A simple balancing of these objectives will lead any rationale and reasonable person to the conclusion that there must be a mechanism to have these types of records expunged. It is with great hope and optimism that all members will give my concerns serious consideration and take action to protect all people and pass a Bill that will effectuate and enforce the traditional notions of fairness, justice and truth.