Fly Fishing for Legislation
A lot of people ask me what the best way is to influence a particular piece of legislation. Others tell me they had heard no new legislation will be accepted this year given the budget crisis. Others express concern that children’s issues just do not have any traction, which basically indicates a belief that without voting constituents a bill would not have a chance of passing. Other ways of saying the same thing include that a bill doesn’t have any legs, or it is a dog that won’t hunt, or a puppy that won’t bark, or some other expression of defeatism before the fact. The most often quoted variant is that there is just no money for new projects, as if new ideas are a bad thing and funding the old ideas is a good thing. In fact, I have heard it posited by several people that no new juvenile justice legislation is being introduced this year. All of this indicates to me that we are in for a typical year before the legislative bodies. Smoke is already swirling as the mirrors are getting set into place.
Please remember that legislation is what legislators do. They don’t do anything else. They are not responsible for outcomes except as individuals. Inherent to the business of legislation is compromise. Legislators always have a way of finding study money; finding a way to enable a bill without funding it; or placing a bill into a committee for future deliberation and review. Many folks say measures like these effectively “kill” legislation but I hold a contrarian view. I find no reason at all to withdraw my own position or suggestions to improve our society merely because I am told there is no money. Advocacy does not require money – it requires will power. I would much prefer that a legislature vote down a bill seven times seven times than for that bill to have never gotten to the floor because the sponsor withdrew it from consideration. Legislators do have to make difficult choices at times although the outcome rarely directly affects them, their families, or their livelihood. They really have little idea how hard it is for people in the real world and someone needs to remind them on occasion. That’s were we come in as child advocates.
As juvenile justice practitioners we put the face of juvenile justice before the legislature. Whether we are telling our personal stories to defend a position on retirement benefits or reminding the educated that not all persons have the same knowledge, skills, and abilities as others, we are the voice for our entire segment of society. We represent persons involved in the justice system from every side of the equation: victims, witnesses, defendants, and public safety in general. This has little to do with title, authority, or position and a whole lot to do with where you reside. Let me explain.
On any piece of legislation it is not unreasonable that a legislator will receive a thousand emails of support or rejection. A staff member in the office will sift through all of them to determine what the prevalent position is (quantity) and, if possible, where the person lives. If you have a title or position that may have meaning too but it is ancillary to whether you can vote for them in the next election – the legislator’s cherished outcome. This is not to demonize the process but just to explain how it works. As the legislative aide compiles the data it will be reported that let’s say 50% support and 50% reject a proposed piece of legislation. This is where it gets a little tricky, a little like choosing the right fly to tie onto your line in order to catch a trout. To choose correctly an angler needs to know certain fundamentals: whether the water is seasonably cool or warm; what insects are hatching; hook size, presentation, and depth for the most common species; and similar considerations. In the world of legislation, where a person resides becomes a huge factor in a legislator’s support or opposition. Of those thousand emails, let’s say fifty are from the legislator’s District and all of them favor the legislation. The others may be from other areas of Virginia, other states, and, yes, even foreign nationals email our legislators. Fifty people cared enough to email in support of a particular piece of legislation. Those same people may vote for the legislator if a favorable outcome is obtained and it appears zero will vote against the legislator, and there is always an election coming. Even if the legislator had no interest in the bill before, they do now, and that is the way self-interest works in the process and generally in our species.
Recognize that if you are a “person of interest” with title or position your email may have a slight advantage as far as influence, but using email is impersonal and not as effective as a telephone call. Generally, when calling you will speak to the same staff member, rarely the legislators themselves, but they are very responsive to courteous calls that contain firm commitment on a bill, forthright reasoned thinking in support or opposition of a bill, and a desire to follow-up and assist the legislator in their consideration. Particularly if you have some expertise in the matter being deliberated, offer your assistance. Being forceful does not include being rude or colorful. Leave your emotions with the phonebook and for goodness sake don’t take a threatening posture. “I’ll vote the bum out” is not a phrase that will be repeated. When you present a fly to the trout you don’t want your line to slap the water or for it to rapidly sink under its own weight.
Phone calls do have influence but nothing is better than face-to-face contact. People who care enough to show up, taking their time to present themselves on an issue, whether directly or indirectly (aide) to the legislator, have greater influences. You can practice fishing all you want on your front lawn but if you really want to catch something you have to go to the stream. That doesn’t mean you have to track down the committee schedule and drive to the capitol every time you want to be heard on a bill. Constituent offices are staffed in many locations; drop by and say, “Howdy,” and while you’re there talk about the things that interest and affect you and children.
Currently there are over two dozen pieces of legislation that will affect children and the business of juvenile justice. They are not being advertised as juvenile justice legislation – you don’t think trout put up signs saying where they are do you? Go to the legislative website and you can find everything you might be looking for and more. I have an opinion on all the current bills and have stated my opposition to several vehemently. Send me an email (Erich@Telsch.com) and I’ll let you know which ones I want to keep in my creel and which ones I would throw back. Legislation is a lot like catch and release fishing without needing a license. You may get your hands dirty and still be hungry and smell a bit at the end of the day but what a reward when you finally land that rainbow.
(Ron Telsch is a Probation Supervisor in the Virginia Department of Juvenile Justice's
25th Court Service Unit (covering Lexington, Covington and Botetourt).
