[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 203 Agreed to Senate (ATS)]

  1st Session
S. RES. 203

To authorize testimony by Senate employee and representation by Senate 
                             Legal Counsel.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 22, 1995

    Mr. Dole (for himself and Mr. Daschle) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
To authorize testimony by Senate employee and representation by Senate 
                             Legal Counsel.

Whereas, in the case of Sheila Cherry v. Richard Cherry, Case No. FM-18145-91, 
        pending in the New Jersey Superior Court, a subpoena duces tecum for 
        testimony at a deposition and for the production of documents has been 
        issued to William Ayala, an employee of Senator Frank Lautenberg;
Whereas, by the privileges of the Senate of the United States and rule XI of the 
        Standing Rules of the Senate, no evidence under the control or in the 
        possession of the Senate may, by the judicial process, be taken from 
        such control or possession but by permission of the Senate;
Whereas when it appears that evidence under the control or in the possession of 
        the Senate may promote the administration of justice, the Senate will 
        take such action as will promote the ends of justice consistently with 
        the privileges of the Senate; and
Whereas pursuant to sections 703(a) and 704(a)(2) of the Ethics in Government 
        Act of 1978 (2 U.S.C. Sec. Sec. 288b(a) and 288c(a)(2) (1994)), the 
        Senate may direct its counsel to represent committees, Members, 
        officers, and employees of the Senate with respect to subpoenas or 
        orders issued to them in their official capacity: Now, therefore, be it
    Resolved, That William Ayala is authorized to testify in the case 
of Cherry v. Cherry, except concerning matters for which a privilege or 
an objection should be asserted.
    Sec. 2. That the Senate Legal Counsel is directed to represent 
William Ayala and Senator Lautenberg's office in connection with the 
subpoena issued in this case.
                                 <all>