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In recent years, one of the biggest problems
confronting PBA has been the deteriorating
quality of federal judges. Historically, law
enforcement officers have often sought
constitutional and civil rights protection from
federal courts. For many years, PBA litigated
many federal constitutional cases for its
members. PBA cases litigated in federal courts
became leading landmark decisions providing
constitutional and statutory protection for our
members.
A few years ago, we began to experience a
fundamental shift in the federal judiciary. A
new breed of federal judges were nominated by
administrations who had virtually no respect for
the rights of law enforcement officers. The new
breed of judges were often extremist ideologues
with strong anti-labor and anti-civil rights
agendas. In time, these new federal judges
changed our legal landscape. In case after case,
they began to strike down earlier precedent
cases which had expanded the rights of our
members. They stripped us of constitutional
protections.
Federal judges are nominated by the President of
United States and are either confirmed or
rejected by the United States Senate following
conformation hearings. Although PBA has been
active in advocacy before state and federal
legislatures for many years, until recently PBA
had not been very active with regard to federal
judicial nominees. After considerable analysis,
PBA decided to become an aggressive advocate
where particular federal judicial nominees have
records and other indications of anti-officer
positions. Dave Hursey, our Eastern Regional
Director of the N.C. PBA, developed and
implemented a masterful strategy to defeat one
of the most anti-officers judges in our history.
As a case in point, U.S. District Judge Terrence
Boyle of Elizabeth City has been nominated by
the Bush Administration for a promotion to serve
on the U.S. Court of Appeals for the Fourth
Circuit. PBA has had many cases before Judge
Boyle in recent years and we know his record of
strong hostility to law enforcement officers.
PBA decided to mount an aggressive lobbying
campaign to educate the United States Senate
about the dangers of Judge Boyle.
When PBA started its mission, a leading United
States Senator, who serves on the Judiciary
Committee informed a PBA representative to “back
off. Judge Boyle’s nomination is a done deal.”
PBA was very puzzled by the Senator’s closed
mind at that point. However, we decided to move
forward and take our message to not just the
Judiciary Committee, but the entire United
States Senate.
We utilized an old fashioned process of
communicating directly with the Senate and
exposing the true record of Judge Boyle. We made
many telephone calls. We wrote many letters.
PBA representatives walked the halls of the
United States Senate, going door to door. We
provided copies of some of Judge Boyle’s
horrible decisions to the Senators. We explained
our concerns. They listened. They saw the light.
In his hearing before the Senate Judiciary
Committee, Judge Boyle was called on the carpet
by leading United States Senators about his
anti-officer rulings. Judge Boyle floundered
before the Judiciary Committee because his
hostile rulings against police officers could
not stand the scrutiny.
State, regional and national news media
organizations took note of PBA’s position and
opposition to Judge Boyle’s nomination. Some
characterized PBA’s work and opposition to Judge
Boyle as being unprecedented. Traditionally,
police associations have not become involved
with the federal judicial nomination process. In
2006, PBA took the lead.
Leading the charge for PBA in Washington was
Dave Hursey, our Eastern Regional Director of
the North Carolina Benevolent Association and
Jeff Fluck, our Director of Governmental Affairs
for the Southern States Police Benevolent
Association. Dave Hursey led a team of law
enforcement officers in a ground campaign
throughout the United States Senate to expose
Judge Boyle and his record. Dave appeared in
Senate Committee Hearings and distributed
documents exposing Judge Boyle and his record of
contempt for officers.
Despite efforts by Judge Boyle’s lobbying team,
we are pleased to announce that Judge Boyle and
his record were solidly defeated in Washington.
Despite several efforts including from Judge
Boyle’s home state Senators, Dole and Burr, to
move his nomination for a full Senate vote,
Senate Majority Leader Bill Frist elected to not
send Boyle’s nomination to the floor. Senator
Frist saw the handwriting on the wall. The votes
were there to defeat Judge Boyle. PBA earned
those votes.
Most unfortunately, the Bush Administration has
signaled its intent to continue to re-nominate
Terrence Boyle for this important appellate
judgeship. PBA shall remain vigilant and will
continue to lobby and inform the incoming new
Senate in 2007 about the record of Judge
Terrence Boyle.
This lobbying effort was a milestone for PBA.
Hopefully, it will only be on rare occasion when
there will be such an extremist anti-officer
judge who will be nominated. However, we must
remain ready to advocate by sending our troops
to the front line in Washington.
Throughout this process, PBA was greeted and
treated extremely well by several key United
States Senators. Senator Joe Biden of Delaware
held a personal meeting with PBA representatives
regarding the Boyle nomination and other
important pressing law enforcement issues.
Senator Pat Leahy of Vermont, Senator Edward
Kennedy of Massachusetts, Senator Ken Salazar of
Colorado, Senator Harry Reid of Nevada and some
others also provided strong support for PBA and
PBA’s position.
PBA will to continue to work to forged improved
working relationships with these and other
Senators. 2007 shall be a better year for many
reasons including but not limited to the fact
that Judge Terrence Boyle was rejected for the
promotion to the United States Court of Appeals.
PBA is prepared to similarly vigorously support
other judicial nominees, of any political
persuasion, for this important appellate
judgeship as long as those judicial candidates
show appropriate respect for our members and the
law enforcement profession. The Bush
Administration has vowed to continue to
re-nominate Terrence Boyle in 2007. PBA is
ready. Dave Hursey may need some new shoe
leather. |