Top GOP senators seek to form statewide posse

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Mercedes Castillo

National Vice President

National Lawyers Guild

http://nlg.org

 

 

Published: 01.18.2007

Top GOP senators seek to form statewide posse

 

By Howard Fischer

 

CAPITOL MEDIA SERVICES

 

PHOENIX - Top Senate Republicans are pushing to create a statewide version of a sheriff's posse.

 

The proposal would set up what in essence would be an unpaid state militia made up of volunteers. This militia - officially to be called the Homeland Security Force - could be called out any time the governor decides its presence is necessary "to protect lives and property in this state."

 

Sen. Jack Harper, R-Surprise, said that could include patrolling the border to search for those entering the country illegally. He said it would not be a vigilante group. Its assignments would be up to the governor.

 

Harper said the real impetus behind SB 1132, to be heard Thursday morning by the Senate Government Committee, is giving any governor a force that could not be taken over by the president in times of emergency.

 

Besides Harper, other prime sponsors include Senate Majority Leader Thayer Verschoor, R-Gilbert, and Senate Majority Whip John Huppenthal, R-Chandler.

 

The bill specifically exempts the volunteers from the federal Code of Military Justice that applies to soldiers, with one exception: Volunteers who discuss their sexual orientation with reporters would be expelled, a provision similar to the federal military's "Don't ask/don't tell" philosophy.

 

The issue traces its roots to a provision approved by Congress late last year which allows the president to federalize National Guard troops in time of emergency, with or without the consent of the state governor. The bill was approved over the objections of Gov. Janet Napolitano as chairwoman of the National Governors Association.

 

Harper said he can't block federal law. But he can find a way around it by creating another force not subject to the president's call.

 

The State Guard Association, a voluntary group that pushes for formation of state militias, reports that 22 states already have these forces that are subject only to the call of the governor.

 

Napolitano's office would not comment on the measure.

 

Harper said the force would not be called a "militia," even though that is what these organizations are called in other states.

 

Harper was not anxious to explain the provision barring members of the organization from publicly disclosing their sexual orientation.

 

"In keeping with the spirit of that provision of the bill, I would rather not talk about that subject as a topic for an interview," he said.

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