The American Civil Liberties Union has appealed a judge's ruling declining to stop the tabulation of votes on a proposed constitutional amendment giving prosecutors a third way of bringing felony charges. ACLU appeals ruling allowing
constitutional amendment vote
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By Debra Barayuga
dbarayuga@starbulletin.com
While Circuit Judge Dexter Del Rosario did order the state to continue posting the full text of the amendment in the newspaper and at polling places on election day, the court did not go far enough, said Brent White, legal director for the ACLU.
Under the proposed amendment, prosecutors could submit documents to a judge to decide whether there is enough evidence to bring a felony suspect to trial. Prosecutors are now required to go through a preliminary hearing or a grand jury proceeding.
He said the state failed to comply with constitutional requirements on public notice for proposed amendments and distributed voter guides that erroneously implied how the process would work when nothing has been passed by the Legislature.
He said the Supreme Court could decide to act on their appeal Monday -- the day before the election -- or not hear it at all.
In either case, the ACLU has done all it can to ensure the process is fair and that the government follows the Constitution, White said.
If the ACLU had not sued, the state would not have begun publicly posting the text of the amendment six days ago, he said.
