[Congressional Record Volume 141, Number 104 (Friday, June 23, 1995)]
[Senate]
[Page S9008]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. DOLE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Senate Resolution 141, 
submitted earlier today by myself and Senator Daschle.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will state the resolution by title.

       A resolution (S. Res. 141) to authorize representation by 
     Senate legal counsel.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the resolution?
  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DOLE. Mr. President, the plaintiff in William D. (Bill) Peterson 
II versus the Honorable Senator Orrin G. Hatch, a case pending in the 
U.S. District Court for the District of Utah, contends that his 
constitutional rights, including his first amendment right to petition 
the Government, have been violated because Senator Hatch has followed 
economic policies that differ from those the plaintiff advocates.
  Lawsuits alleging that citizens have been aggrieved by Members' 
failures to act in accordance with the citizens' views have been filed 
against Members of Congress from time to time. As the Senate has noted 
previously in response to such lawsuits, every citizen has a 
constitutionally protected right to petition the Government for the 
redress of grievances. However, elected officials have the discretion 
to agree or disagree with communications they receive, and must be 
allowed to decide how best to respond to the many problems and points 
of view which are presented to them.
  the following resolution would authorize the Senate legal counsel to 
represent Senator Hatch in this matter.
  Mr. President, I ask unanimous consent that the resolution be 
considered and agreed to, the preamble be agreed to, and the motion to 
reconsider be laid upon the table, and that any statements relating to 
the resolution appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the resolution (S. Res. 141) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 141

       Whereas, in the case of William D. (Bill) Peterson II v. 
     The Honorable Senator Orrin G. Hatch, No. 95-C-0352-S, 
     pending in the United States District Court for the District 
     of Utah, the plaintiff has named Senator Orrin G. Hatch as 
     the defendant;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(1)(1994), the Senate may direct its counsel to 
     defend Members of the Senate in civil actions relating to 
     their official responsibilities: Now, therefore, be it 
     Resolved, That the Senate Legal Counsel is authorized to 
     represent Senator Orrin G. Hatch in the case of William D. 
     (Bill) Peterson II v. The Honorable Senator Orrin G. Hatch.

                          ____________________