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While the governor’s race always gets most of the attention, let’s look at some of the other races. In the mix are some powerful Louisiana politicians whose names have been around for a long time: Odom, Foti and Fields. Each has controversy surrounding their races, and I am wondering what the impact will be on election day.

Commissioner of Agriculture Bob Odom continues to have his legal troubles involving indictments for corruption. With the public tiring of headlines about corrupt politicians, Odom could suffer the impact at the polls before his case is decided in the courts.

Attorney General Charles Foti’s public persecution of Dr. Anna Pou and her ultimate release from all charges by the grand jury left him with two black eyes and wounded in his re-election campaign. Can he recover?

State Sen. Cleo Fields’ issue could be one for the courts to decide. While critics point to the 1997 FBI video showing him receiving cash from former Gov. Edwin Edwards, or to his elaborate buses for his Leadership Academy, or to the reported $10 million home he is building next to the Country Club of Louisiana, most of those critics don’t live in his district. In fact, in the past, a majority of his constituents think he has taken care of their needs and continue to re-elect him. But this time the issue of whether or not he is term-limited and can even run could be decided by a judge. I addressed this with Sen. Fields, and he believes he can run. I told him I believe he is wrong.

Fields is standing on a statute passed by former Rep. Peppi Bruneau, which says the term of a legislator doesn’t start until the Legislature officially seats you. That is true for members in the U.S. Congress, but it is not what the Louisiana Constitution says—and a statute cannot trump the state constitution.

A constitutional lawyer read to me Article 3, Section 4E, relating to term limits (two and a half terms), and Section 5B, which states:

“(B) Filling Vacancy. A person elected to fill the remainder of an unexpired legislative term shall take office within 30 days after the Secretary of State promulgates the election returns.”

The late Secretary of State Fox McKeithen promulgated the results on Dec. 18, 1997, and sent a letter to the state Senate on Dec. 19. Fields took his oath on Dec. 23, 1997, and filed it. This means since his term began, he will have served 10 years and eight days, exceeding the two-and-a-half-term limit and making him ineligible to run.

The constitutional lawyer I spoke with interprets the constitution to mean that if Fields did not take office and begin his term within 30 days of the results being official, the seat would have been declared “vacant” and another election called.

He also pointed out that if Bruneau and Fields conclude a legislator has not taken office and begun their “term,” then they would have to explain giving public dollars to an individual who is not working for the state. That is not allowed in the constitution and the law would be violated (Article 7, Section 14).

Fact is, I learned that since Dec. 23, 1997, when Sen. Fields took his oath of office, state health care benefits were available to him, his retirement benefits were calculated, office space and staff were provided and a salary was paid. Can Bruneau and Fields explain how that doesn’t constitute the beginning of the “term?” Did they even read the constitution?

This statute, which I believe strongly to be unconstitutional, was passed to benefit only two legislators: Fields (a black Democrat) and Wayne Waddell (a white Republican). That was wrong, and it attempts to circumvent the law and the will of the people who passed term limits. It should not be allowed. A resident in one or both of these districts should file a lawsuit if Fields and Waddell qualify to run. I believe our constitutional rights are being violated—by lawmakers, ironically—and term limits passed by the voters ignored. Someone must take a stand and not allow that to happen.

Ready for the challenge

The LSU Board of Supervisors recently named Jack Weiss chancellor of the Paul M. Hebert Law Center. Weiss is a brilliant attorney who moved back from a lucrative partnership in New York to accept this position and the challenges that lie ahead. I have known Weiss for a number of years and had the chance to sit down recently with him. He is passionate about this opportunity and ready to lead. He thinks big, and I have no doubt he will be successful.

Weiss shared with me the remarks he gave to the incoming freshmen class. I was inspired. I wanted to share an excerpt in which Weiss notes a speech by the late Paul Hebert, the dean of the law school who was named acting president of LSU in 1939 after then-President James Monroe Smith was jailed for forgery and embezzlement. Weiss said Hebert spoke at the Greek Theater about “the past and future of LSU, and more generally of the place of the university in our national life.” He said Hebert’s remarks are just as relevant today as they were in 1939.

Hebert said, “The functions of education in a democracy are many. First of all, it is the function of education to train leaders for all branches of human endeavor—the professions, industry, commerce, agriculture and in public affairs. Additionally, it is the function of education to inculcate the liberal ideal [“liberal” was not a buzz word in 1939]—to allow for that integration of knowledge and attitudes which makes men and women resourceful, which prepares them to face whatever situations life may bring with an open mind, prepared for the unpredictable requirements of a world in which the tempo of change has reached an amazing speed.” (Remember, this was 1939.)

Hebert continues, “It is the function of education to build into character the moral and spiritual values which are so necessary and which form the backbone of the true American citizenship.” He concluded by quoting FDR, “A properly educated man or woman should be able always to put truth in the first place and not in the second.”

Hebert’s remarks then remind us today of the importance of educating citizens if we are to compete in the future. Weiss understands that—and will be an asset to LSU and Louisiana.

Congratulations

Mayor Melvin “Kip” Holden and Jerry Stovall, head of the Baton Rouge Sports Foundation, were honored at the 45th Annual Brotherhood and Sisterhood Awards Banquet last week, sponsored by the 100 Black Men of Metro Baton Rouge, for their outstanding efforts of humanitarian service to Baton Rouge in working to bridge the diversity gap.

Van R. Mayhall Jr., attorney with Breazeale Sachse & Wilson, chaired the 2007 gala. President of the 100 Black Men is attorney Dennis Blunt with Phelps Dunbar.

“Mayor Kip Holden and Jerry Stovall have each actively engaged in numerous educational, ethical, philanthropic and cultural endeavors that have positively impacted Baton Rouge,” Mayhall said. “Their exemplary service has enhanced the growth and progress of our community. Each has been a worthy ambassador for the ideals that make Baton Rouge a great place to live.”

Dr. Ernie Hughes of Southern University will chair the 2008 gala.