Though the State Senate has created a Committee of Inquiry exploring possible disciplinary action against State Sen. Hiram Monserrate (D-Corona), according to past cases, scholars and his attorney, its constitutional powers remain questionable at best.

“It’s not readily apparent from the [State] Constitution that the Legislature has the power to remove one of its own members,” said Professor Eric Lane of the Brennan Center for Justice at New York University School of Law.

The first meeting among the Senate’s nine-member Committee of Inquiry happened Monday. The committee is headed by Senator Eric Schneiderman (D-Manhattan) and includes Queens’ Toby Stavisky (D-Flushing). It is comprised of five Democrats and four Republicans.

The State Assembly has attempted to remove members twice before, most recently in the case of Assemblywoman Gerdi E. Lipshutz (D-Rockaway) in 1987.

Despite finding the legislator had falsely certified documents and created a “no-show” job for political gain, the Committee on Ethics and Guidance “found that there is an absence of any provision in the New York Constitution authorizing the Assembly to expel a member and therefore there is significant doubt as to the authority of the House to take such action.”

Some members of the committee went on to serve higher offices, including George Pataki and Alan Hevesi. The Assembly ultimately censured Lipshutz and proposed an amendment to the State Constitution authorizing expulsion. It ultimately never passed.

“Twenty years ago they couldn’t even do it, and they can’t do it today, so the question is why are we having this discussion?” said Chad Seigel, one of Monserrate’s attorneys.

Seigel said two letters were sent to attorneys working for the committee, with a response promised shortly. He enumerated Monserrate’s objections, one founded upon the Constitution limitations, while also asserting the Dec. 19 incident that sparked the inquiry and ultimately a misdemeanor conviction for reckless assault predated his taking the oath of office for the Senate.

Only one case in the Legislature’s history saw legislators expelled, in 1920. Five members of the Assembly were known Socialists and had opposed all measures supporting the nation’s World War I efforts.

The Assembly Judiciary Committee was able to bar the legislators through the use of a power to review members’ “qualifications,” finding that their refusal to back the war conflicts with their duty to uphold the Federal and State Constitution. The ruling disqualified them from taking the oath of office and voided all past oaths.

The State Constitution did contain a provision allowing for the expulsion of legislative members in the 1820s, but it was removed entirely and not reinstated since.

The findings leave it unclear how Monserrate will approach the committee, with his attorney admitting, “Procedurally we’re operating in uncharted waters.”

Monserrate’s attorneys have repeatedly called the proceedings a political witch trial, sparked after this summer’s coup, which brought legislating to a standstill for a month.

“In essence what we’re having is a potential majority of the Senate that can expel whom it pleases,” Seigel said. Should the committee decided to expel Monserrate, Seigel promised a continuing battle in court.

Reach Reporter Joseph Orovic at jorovic@queenstribune.com,

or (718) 357-7400, Ext. 127.