Associated Press
Florida’s House is backing Gov. Rick Scott in his legal battle against an Orlando prosecutor who refuses to seek the death penalty in cases handled by her office.
The state Supreme Court said Monday it would allow attorneys working for House Speaker Richard Corcoran to file legal briefs in the case between the governor and State Attorney Aramis Ayala.
Ayala is challenging Scott’s authority to transfer murder cases from her office to another prosecutor.
The Republican-controlled House in a legal filing with the high court said it wants to address “the ill effects that flow from” Ayala’s opposition to seeking the death penalty. The House may also argue whether Scott has the authority to suspend Ayala.
Ayala is a Democrat and Florida’s first African-American state attorney.
Republished with permission of The Associated Press.
4 comments
Larry Gillis
April 17, 2017 at 1:47 pm
Your article said: “… The Republican-controlled House in a legal filing with the high court said it wants to address ‘the ill effects that flow from’ Ayala’s opposition to seeking the death penalty … ”
Actually, the court is supposed to look only at what the law (and the Constitution, even !!) says about the allocation of power between the elected Governor and elected prosecutors. Thus, the court is an architect, analyzing Constitutional structure. The down-stream effects — good, bad or ugly, whatever — are irrelevant to the court’s decision.
Keep in mind that the court is NOT a policy-maker in these matters. They are “mere” judges, if you will.
Emil Tuch
April 20, 2017 at 5:38 pm
Larry, the legislative body is the administrative body which has standing in this matter. They are sworn, as is Ayala is sworn, to protect the constitution. If Ayala refuses to ask for the death penalty in her cases, she is not acting on behalf of the interests of the public. The public is represented by our elected officials, thus they have the duty to see that the public is protected and that she is acting on behalf of the public’s interests. If she doesn’t want to do the job as prescribed by the guidelines the job demands, she should find other work as an attorney. The law is not subjective, it stands on it’s own and must be administered accordingly. She accepted this when she took the position.
Emil Tuch
April 20, 2017 at 5:26 pm
Ayala is just part of this nation wide scheme by the party of thugs and the morally bankrupt to take down America. As with immigration laws being ignored in sanctuary cities, this prosecutor is picking and choosing which laws she prefers to enforce. Let’s not kid ourselves about what’s going on here, Ayala’s notoriety as the state’s first black prosecutor is not lost within this story, she feels she has some special right to refrain from asking for the death penalty in her cases, which is equivalent to pulling the race card. A prosecutor must have conviction when trying all cases. She should be removed from the post permanently as a prosecutor. We are a country of laws and not men, and Ayala being an attorney, should know this more than anyone. I submit; she’s not suited for the job.
Vickie Inglee
April 21, 2017 at 3:12 pm
Thank you Emil Tuch……..I totally agree
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