Is it proper for a member of the Illinois Legislature to sponsor a bill when his father is acting as a paid lobbyist for someone who wants that bill passed?
How would you feel if you appeared in court before a circuit judge whose father was appearing as the attorney for your opponent?
Would the judge have a conflict of interest? Would there at least be an "appearance of impropriety?" Would the fact that the judge announced from the bench that "he was aware that his father was appearing before him, but that he felt he could give both sides a fair trial" put you at ease?
The Illinois Supreme Court's Code of Judicial Conduct makes unmistakably clear that a judge cannot hear a case in which his father appears as an attorney. Rule 63, Canon 3 provides for an absolute disqualification. Indeed, a number of disqualifications.
"(1) A judge shall disqualify himself... in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where:
"(d) the judge knows that he or ... the judge's ... parent ... has an economic interest in the subject matter in controversy ...
"(e) the judge ... or a person within the third degree of relationship to (him) ... (ii) is acting as a lawyer in the proceeding; ..."
Violations can result in censure, suspension or even removal from office.
Illinois State Sen. Kyle McCarter has accused fellow Sen. Mike Jacobs of "coming to my seat, using profanity, and pointing his finger before he punched me with his clenched fist."
Sen. Jacobs told Fox Chicago News that Sen. McCarter is "full of (deleted) to have implied (that I have) a conflict of interest." I am not dealing with the truth or falsity of McCarter's punching allegations.
What is not in dispute is that Sen. Jacobs sponsored SB1652, and that his father, former senator Denny Jacobs, was a paid disclosed lobbyist in the employ of Illinois' two largest electric utilities, Commonwealth Edison and Ameren, which wanted the bill passed.
And Sen. Jacobs took to the Senate floor to urge colleagues to pass a so-called Smart Grid bill which Gov. Pat Quinn said "guarantees increased annual profits for shareholders at the expense of higher rates for Illinois consumers and businesses."
But can Sen. Jacobs ethically sponsor a bill when his father is a lobbyist on behalf of people who have a major financial interest in seeing that bill passed?
Legislator ethics are generally governed by three laws: The Lobbyist Registration Act, the Illinois Governmental Ethics Act., and the State Officials and Employees Ethics Act. Compare Section 3-202 of Illinois Governmental Ethics Act with the Judicial Conduct set out above.
"When a legislator must take official action on a legislative matter as to which he has a conflict situation created by personal or family ... interest, he should consider the possibility of eliminating the interest creating the conflict situation. If that is not feasible he should consider the possibility of abstaining from official action.
"In making his decision as to abstention, the following factors should be considered
"a. whether a substantial threat to his independence of judgment has been created by the conflict situation;
"b. the effect of his participation of the public confidence in the integrity of the legislation;
"c. whether his participation is likely to have any significant effect on disposition of the matter."
Section 3-202, however, is intended only as a guide to legislators, and not as a rule meant to be enforced by disciplinary action. So whether or not Sen. Jacobs had a conflict of interest, or whether his conduct created an appearance of impropriety, is left to his sound discretion -- and public perception.
Sen. Jacobs did more than vote on the matter. His vote may well have been immaterial. But he sponsored the bill and took the floor to urge his colleagues to support a bill that his dad has been paid to lobby through the Legislature.
I have always liked Denny Jacobs. And I don't deny his right to act as a paid lobbyist. But if Denny Jacobs is going to lobby for passage of a bill, Sen. Mike Jacobs should abstain entirely on the matter. Otherwise there is an appearance that if you hire Denny you might also be getting the senator as well. If Mike Jacobs wants to be seen as having integrity, he must avoid the appearances of impropriety. He can't do something which, in the words of The Dispatch/Argus editorial, is "a conflict by nearly everyone's standards." And if this is "a conflict by nearly everyone's standards," is it not time for the Illinois Legislature to pass a Code of Legislative Conduct comparable to the to the Code of Judicial Conduct, with comparable sanctions?
Posted Online: June 06, 2011, 2:11 pm - Quad-Cities Online.com
By John Donald O'Shea
Copyright 2011
John Donald O'Shea
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