WXXI: Paterson Says He'll Go to Court to Force Senators to Stay (2009-06-24)

After Tuesday's chaotic dueling sessions in the Senate chamber, Senators on both sides of the feud decided not to hold a special session at all Wednesday. Governor Paterson says he's going to court and will have the state troopers bring Senators into the chamber, if necessary, if they don't show up Thursday.

First the Republican dominated coalition, which includes 30 GOP members and Senator Pedro Espada, a Democrat, said they weren't coming to the special session that governor Paterson had called for 3 pm. Senator Espada, who was voted in as President Pro Temp by 32 Senators on June 8th, said he did not want to participate in what he called another day of "embarrassment" for the Senate.

"I don't want to continue to have this kind of contribution to the circus," said Espada. "Cleary, we have the governor wanting to be ringmaster to the circus. This has to end with a solution."

When the session was called in the chamber at 3 pm, Senator Espada and the 30 Republicans were no where to be found.

Democrats who were in the chamber, and had been camped out there since 6 AM to gain control of the presiding officer's podium, then rose to say that they don't think the sessions that the governor is calling are legal.

Senator Malcolm Smith, whom the 31 Democrats regard as the Majority Leader, said after careful reading of the constitution, Democrats believe that the governor would also need to call the Assembly back as well in order for the bills to be legally approved.

The Democrats then gaveled out and ended the session, and said that they were going home.

Governor Paterson said not so fast. The governor said if lawmakers don't agree to stay, he'll seek a court order forcing them to remain in Albany, and he says state troopers could be used to force the Senators back into session.

"I think the people have had enough. I know I have," said Paterson. " What we are simply going to do here is to compel them to work."

The governor says he's also asking the State Comptroller if its possible to dock all the 62 Senators' pay, retroactive to the June 8th coup. And Paterson scoffed at the Democrat's claim that the sessions weren't constitutional, calling their arguments "legal mumbo jumbo".

The governor's list of bills for Wednesday's session included the legalization of same sex marriage, and some believe that the Democrats wanted to hold off on that issue, because one of their members, Senator Ruben Diaz, a Pentecostal minister, had threatened to leave the conference if the measure were to be vote upon. A very discouraged sounding sponsor of the gay marriage bill, Senator Tom Duane, said he hoped that the governor could figure out a way to legally put the measure, which has passed the Assembly, before the Senate soon.

"This is an issue that's too important to be gambled with," Duane said.

Republicans say they are seeking binding arbitration to decide who controls the Senate, the Democrats continue to say they want it acknowledged that no side is now in power, and a bipartisan agreement to share the chamber must be reached.

Meanwhile, with the legality of the bills passed Tuesday in question, many of the statutes that expire June 30th have yet to be acted upon, including sales tax extensions for a number of counties, and mayoral control of the New York City schools.