Press Release
BOLLING TO VIRGINIA STATE BAR - DON'T CHANGE ETHICS RULES
Tuesday, February 20, 2007
- Bar to consider allowing lawyer legislators to be employed by firms that lobby General Assembly and other state agencies -
RICHMOND - Lieutenant Governor Bill Bolling has sent a sternly worded letter to the Virginia State Bar criticizing a proposed change in ethics rules that would allow lawyer legislators to be employed by law firms that actively lobby the General Assembly and other state agencies.
In his letter, Bolling stated, "It is my belief that the repeal of this prohibition would at the very least create the perception of impropriety. In the public''s eye it would be unseemly for a lawyer legislator to be employed by a law firm that actively lobbies the General Assembly and other state government agencies."
Bolling added, "In addition, I fear that the repeal of this prohibition could increase the possibility of actual incidents of collusion and improper conduct. Should either of these consequences occur, the public will lose faith in our system of government, and we cannot allow that to happen."
Bolling''s letter concluded, "For all of the reasons discussed above, I strongly urge you to maintain the current prohibition against such affiliations. It has served Virginia well in the past, and I am confident that it will continue to serve Virginia well in the future."
Last week, the Bar''s standing committee on legal ethics proposed changing an ethics rule that has existing for a half-century that prohibits lawyer legislators from being employed by law firms that actively lobby the General Assembly and other state agencies. The new rule proposed by the committee would allow lawyer legislators to be employed by such firms at the same time they are serving in the General Assembly.
According to the Washington Post, the Bar''s proposal to eliminate the current prohibition was prompted by Sen. R. Creigh Deeds (D-Bath), who recently joined the law firm of Hirschler Fleischer P.C., a Richmond-based firm. Without the proposed change, Deeds would be violating state ethics rules since Hirschler Fleischer is also involved in lobbying the General Assembly.
According to the Post, Deeds said his losing bid for attorney general in 2005 made it nearly impossible to keep his small practice alive. His plans to run for governor in 2009 will require a more stable income, he said. "For me to be able to continue the political journey, I had to find some stability. I had to do something."
"While I am sympathetic to the situation Senator Deeds finds himself in, that does not justify changing a rule that has served the Commonwealth well for over a half century", Bolling said. "One of the potential drawbacks of a citizen legislature is the possible conflict of interest that legislators may confront from time to time between their public duties and their private vocations and activities. We must do everything we can to avoid such conflicts of interest, either actual or perceived, to assure the integrity of our system of government."
A complete copy of Lieutenant Governor Bolling''s letter to the Virginia State Bar is attached.
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For additional information contact Randy Marcus at 804-814-7117 (cell) or randy.marcus@ltgov.virginia.gov.
