Representative Rutherford's amendment to bind magistrate rulings draws heated exchange, is tabled

Representative Rutherford proposed an amendment to make a magistrate court's determination that a machine is permissible binding on law enforcement unless reversed on appeal, arguing magistrate rulings were not being respected in some counties and that law enforcement "judge shops" for unfavorable rulings.

During the exchange Rutherford gave multiple examples he said illustrated selective enforcement and repeated seizures despite magistrate rulings. "Well, when does the sheriff get to be above a judge?" Rutherford asked, saying the amendment would provide business owners clarity and a right to rely on judicial determinations until an appeal.

Miss Funderbar and other members questioned the amendment's relevance if the bill makes devices illegal as a matter of statute; committee members also asked about practical implications, appeals, and whether the amendment would create perverse incentives. After debate the chair put and the committee tabled the Rutherford amendment by a recorded show-of-hands tally announced from the floor.