Of making laws and defending those charged with breaking them
There's an interesting juxtaposition taking place in a Baltimore courtroom today: Prosecutors are trying to convict Jose Hernandez of violating Maryland's anti-gang statute. Hernandez's attorney is Del. Luiz R.S. Simmons, a state lawmaker who sits on the legislative committee that weighs crime laws.
Simmons, a Montgomery County Democrat and longtime defense attorney, has strongly questioned gang laws over the years, saying they potentially infringe upon a person's freedom of expression and are redundant of other laws.
"I would hope you don't embark on a crusade to put people in jail because of the color that they wear," Simmons told prosecutors at a 2007 House Judiciary Committee hearing.
Maryland's first anti-gang statute passed in 2007, but it has barely been used because prosecutors say it's just too difficult to prove all of the factors. Hernandez appears to be only the second person in the state ever charged under the statute.
This year, the General Assembly strengthened the anti-gang law, outlining clearer ways for prosecutors to use it, though it won't take effect until Oct. 1. Simmons voted for the legislation. The new law passed despite late-session pleas from legislators in urban, black areas who worried it unfairly targets minorities.
Please hop over to Baltimore Crime Beat to read more about the Hernandez case.
Categories: Crime & Justice, General Assembly 2010
Comments
I guess they didn't start teaching Professional Responsibility in law school until after Simmons had graduated. Conflict of interest or what?
Posted by: Dandy | May 20, 2010 6:38 PM
The Legislature is part-time and most of them have other jobs. So now you shouldn't be permitted to be an attorney to serve in the Legislature? This blog is ridiculous and so is the comment by Dandy. And by the way, not everyone who gets arrested is actually guilty. Leave the guy alone - - he voted for the legislation. He's allowed to have a job. And from what I hear, Delegate Simmons is a hell of a lawyer.
Posted by: legalmind | May 22, 2010 10:52 AM