Editorial:
Published: Dec 02, 2006 12:00 AM
Modified: Dec 02, 2006 03:10 AM
North Carolina's revised ethics laws, passed by the General Assembly in the spring, are much improved. But a provision has come to light that needs to be chopped off, pronto.
Until the reforms were enacted, legislators who needed legal help in connection with their service in the General Assembly depended on the state attorney general to decide how the matter should be handled. That made sense. The attorney general's office traditionally represents legislators. If there appeared to be a conflict of interest in representing the lawmaker, the A.G.'s office would turn to a private law firm to handle the lawmaker's case. But the attorney general's office would approve that arrangement, too.
Tucked into this year's ethics law changes was language transferring that approval power to the speaker of the House, currently Democrat Jim Black of Matthews, and the president pro tem of the Senate, who for several years has been Dare County's Marc Basnight, also a Democrat. That arrangement holds the potential for a glaring conflict of interest regardless of who holds the post.
The case that brought the policy change to light makes that obvious. The second in command in the House, and an ally of Democrat Black, has been Richard Morgan of Pinehurst, a Republican. (He was defeated for renomination in a primary election last spring, so while still in office is a lame duck.)
Morgan's activities are being investigated in connection with Black's legislative and campaign dealings. He asked for public help with his legal defense. But the attorney general's office is among the agencies investigating Morgan. It would have been a clear conflict of interest for the office to help Morgan at the same time. So Morgan would need legal help from a private law firm.
But under the revised ethics law, Black and Basnight now decide if Morgan should receive that assistance. No surprise that Morgan was approved.
It's hard to interpret the change as anything but a grab for further power by Black and Basnight. The two leaders already wield enormous clout on Jones Street, enhanced in recent years by the unsavory handing out of campaign donations to fellow legislators and their party. Yet even if their powers were limited, legislative leaders shouldn't be the ones to approve legal help for other legislators. It's too easy to use the authority to protect friends, such as Morgan, or to punish enemies.
There was no good reason for the switch in the first place. Legislators need to reverse themselves and return to letting the attorney general make decisions on whether the public should pay for their outside legal help.
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