Perks of the Trade Extended at Taxpayers' Expense

"I think what we're doing is important, and I think it's important that we not send the message that you have to be a millionaire to do this job," said Frederick, who runs an Internet consulting business.

Howard said the oldest privilege provided to lawmakers is also the most limited in its application. A line in Virginia's constitution provides delegates and senators with immunity from arrest during legislative sessions, except in the case of felonies, treason or "breach of the peace."

The privilege dates to English parliamentary tradition, he said, when the king would sometimes arrest members of the legislative body to keep them from setting policy he opposed.

But Richmond defense lawyer Steven D. Benjamin said it provides little protection today because lawmakers have passed laws that say legislators can be arrested in any criminal matter.

Virginia law also gives legislators the same kind of jury duty exemption during sessions as those given to the president of the United States, who is exempt from service year-round.

Assembly members argue that serving on a jury could be virtually impossible even during a special session, when delegates and senators spend much of their time at home but could be called to Richmond at any time.

"It could be a legitimate problem," said Sen. Mary Margaret Whipple (D-Arlington).

A lawsuit, too, could be time-consuming and distracting for a legislator who is supposed to be working full time on the people's business, legislators said. So Virginia law provides that suits filed during session can't be adjudicated -- and lawmakers don't have to show up for hearings or respond orally or in writing.

"I'll tuck that one away," cracked Whipple, who said she hasn't used it yet.

Lawmakers say they realize session perks were never intended to extend for months. And yet they maintain that the system is self-correcting when word of potential abuse becomes public.

The best example, recalled in Richmond 10 years later with a mix of chuckles and chagrin, was the infamous case of a Suffolk delegate arrested in a local park in 1996 and charged with misdemeanor public indecency. Del. Robert E. Nelms (R) -- who argued that he had been urinating, not exposing himself -- at first claimed he was protected from the charge by legislative immunity. He later backed down and accepted punishment after public ridicule.

The next year, the General Assembly clarified the constitutional immunity to more clearly state it did not apply to misdemeanors.

Brink said he'd prefer to forgo the benefits and end the special session. But he'd also oppose any move to lift them during special sessions. Besides, he said, he hopes special sessions remain a rarity.

"I don't want to do anything that makes it seem that we have to structure ourselves with the expectation that we'll be in special sessions," he said. "They're just wrong."