Maine’s Democrat-controlled House of Representatives pushed through a resolution on Wednesday, demanding a House Committee on Ethics investigation into Rep. Lucas Lanigan (R-Sanford), who faces domestic violence charges.

House Majority Leader Rep. Matt Moonen (D-Portland) proposed the resolution taken up in the House and received unanimous support from Democrats present on Wednesday.

“Questions concerning Representative Lanigan’s conduct threaten to cast a shadow over all of the work of the 132nd Legislature,” said Moonen in his resolution.

Rep. Katrina Smith (R-Palermo) objected to the motion, acknowledging the gravity of the allegations leveled against Lanigan, but insisting that he be treated by the legislature as innocent until proven guilty by the judicial branch of the government.

“A cornerstone of our constitutional republic is that due process is guaranteed to every citizen of this nation when it comes to the administration of justice. If this body rejects the concept that due process is a guarantee of each citizen, we are trampling our constitutional rights,” said Rep. Smith.

She argued that, despite the severity of the allegations, the legislative branch would be infringing on the purview of the judicial branch of government by investigating charges that have not been proven.

“There are three separate and equal branches of government. This matter is clearly a matter for the judicial branch to determine the outcome. It is not the role of the legislative branch to take an action that usurps the role of the judiciary,” added Smith.

She warned that the ethics investigation into Lanigan, before he has been convicted in a court of law, establishes a dangerous precedent and sets an unfair standard by ignoring the “innocent until proven guilty” principle of the U.S.

According to Smith, the investigation could also expose the state legislature to possible civil liability for its involvement in an ongoing judicial matter.

Despite Smith’s speech in opposition to the motion, it passed with a 74-69 vote.

According to the roll call vote, the vote split along party lines, with all present Democrats supporting the motion and all Republicans voting against it.

Lanigan himself was present in the chamber and voted against the resolution.

The motion instructs the Ethics Committee to provide a report on Lanigan, including any recommendations for action, within a month of the committee convening.

The resolution does not provide the committee with a set time frame in which it must conduct the investigation.

It remains unclear whether the ethics report will conclude before or after Lanigan is set to appear in court in March.

In late October, just one week before Lanigan was up for re-election, he turned himself in after learning there was a warrant out in his name for an alleged aggravated assault incident in which he was accused of choking his wife.

Lanigan’s lawyer and wife have both argued that the incident was a misunderstanding.

The embattled representative faces a felony domestic violence aggravated assault charge, punishable by up to ten years in prison.

Despite the last-minute controversy, Lannigan won re-election on November 5th in an extremely close race, ultimately securing victory by a single vote following a recount.