Structure of hearing for Rep. Winn not fair, group says

Rep. Valdenia Winn
Rep. Valdenia Winn

A spokeswoman for Women for Kansas, a statewide group, said today that a hearing scheduled June 26 for Rep. Valdenia Winn, D-34th Dist., is not structured fairly.

“We’re just appalled at the structure of the committee meeting, that it would be so blatantly a violation of her rights, her right to representation, her right to a fair trial, her right to free speech,” said Cindy Kelly, a member of the leadership team for Women for Kansas.

Rep. Winn’s attorney, Pedro Irigonegaray, will not be allowed to speak at the hearing.

“People with a grievance against her are allowed a 10-minute speech, it could be 90 minutes, if they all show up,” Kelly said. “She gets 10 minutes to speak and her attorney doesn’t even get to speak at all. That’s just unbelievable.”

Rep. Winn has a hearing scheduled Friday, June 26, before a Kansas legislative investigative committee over remarks she made March 19 while the topic of in-state tuition for children of undocumented immigrants was being discussed in the House Education Committee. Her lawyer will not be allowed to make comments at the hearing. The Legislature potentially could censure or expel her.

Nine men on a committee objected to Rep. Winn’s statements about institutional racism, where she said a bill was racist, sexist and fear-mongering, prompting the hearing. The women on the committee did not file a complaint. Rep. Winn, a professor of history who holds a master’s and a doctorate in history, previously stated in an interview in March that she was making her remarks about institutional racism in a historical context and there was no intention to make remarks about any individuals. But during the committee’s heated discussion about a bill that would repeal the in-state tuition for children of undocumented persons, she remarked that anyone who supported the bill was a “racist bigot,” and apparently some committee members took it personally.

Rep. Winn pointed out in March that there were a few previous cases of legislators’ remarks where no action was taken, such as one legislator who in 2011 made a public comment about shooting immigrants from helicopters like they were feral hogs, and the Legislature did not take any action against him.

Kelly stated that Women for Kansas believes this is not a partisan issue, it’s an issue about equal rights, fairness, and the right to an attorney. Censure and expulsion are serious penalties, she stated. Rep. Winn deserves to be given equal opportunity to have legal counsel during this investigative hearing led by Rep. Erin Davis, she stated.

Women for Kansas is asking people to contact the investigating committee’s chair, Rep. Davis of Olathe, to let her know they think the hearing is not structured fairly.

“She was shining a light on the bill and now they’re coming down on her. It’s just ridiculous,” Kelly said.

“It’ll be just one more excuse for people to make fun of us,” Kelly said about the possible effect on the image of Kansas in the nation.

State Sen. David Haley, D-4th Dist., said he doesn’t know why Rep. Winn couldn’t be represented by counsel at the hearing. He views that action to deny her attorney a time to speak as unconstitutional.

Sen. Haley said he is advising Rep. Winn to hire counsel and to file a countersuit seeking a specified amount in damages.

“This is obviously a ludicrous abuse of legislative time and authority,” Sen. Haley said. He said this hearing is a complete waste of time and money, “which is the hallmark of the leadership of the Kansas Legislature.”

Sen. Haley said he believes any legislator can speak his or her mind without fear of retribution or censure, as long as he or she does not threaten the well-being of another legislator.

He views this situation as an attempt to silence Rep. Winn and her views on the subject of the in-state tuition bill.

If anyone attempted to silence his freedom of expression and his representation of his district’s views, Sen. Haley said he would respond quickly, perhaps in a lawsuit.

Rep. Winn did not return a call for a comment for this story.

The group, Women for Kansas, is on Facebook at https://www.facebook.com/WomenForKansas.