Perks of the Trade Extended at Taxpayers' Expense

RICHMOND -- During their annual legislative session, Virginia lawmakers enjoy an automatic pass from jury duty. They're allowed to ignore any lawsuit filed against them. The General Assembly's legions of lawyers can delay any court hearing.

And that's in addition to the $130 expense check delegates and senators collect each day they are in Richmond while in session.

The perks are all part of long-standing traditions and laws -- some with roots in English parliamentary history -- designed to ensure that a citizen legislature can balance public service with a normal life.

But they were also intended to lapse at the end of the commonwealth's short legislative session -- typically 45 or 60 days a year.

Split over whether to raise taxes to improve the state's transportation network, the General Assembly failed to agree on a new budget in its allotted 60 days this year and adjourned March 11 without one. On March 27, lawmakers gaveled open a special session to resolve the dispute. That means legislators have been taking advantage of their privileges for an unprecedented 116 days -- almost four months.

"The modern constitution contemplated a limited session," said A.E. Dick Howard, a University of Virginia professor who helped draft Virginia's modern constitution. But "in a session without limit, you get indefinite privileges. At some point, you might wonder if the balance has slipped."

During the regular session, all 140 members are needed in Richmond every day. The start of the special session, convened to consider transportation bills and the state budget, has meant more infrequent meetings. But at least a handful of lawmakers are needed to constitutionally open a so-called "pro forma" session every three legislative days. The sessions typically last just a few minutes.

The full Assembly has also met several times.

Although 16 delegates and two senators have chosen to decline their expense checks during this unusual time, the other delegates and senators are regularly collecting each time they attend a pro forma session. In all, as of May 12, Virginia taxpayers had paid more than $126,000 to cover expenses during the extra session.

Lawmakers said they may need the per diem if they take a day off from work for Richmond duty. Of Northern Virginia's lawmakers, only two have attended more than a couple of the quick pro forma sessions used to satisfy the constitution's requirement.

Del. Robert H. Brink (D-Arlington), who has attended six sessions, has announced he will give half his money to the League of United Latin American Citizens scholarship fund. But he said he is sympathetic to those who cannot afford such benevolence.

Del. Jeffrey M. Frederick (R-Prince William), has attended five sessions. He said he stops in only when he is in Richmond for other meetings. But he is unapologetic about collecting the money.