Response to David Carlin’s Iron Loophole ProJo letter
Projo Letters, Monday, 04.12.10
01:00 AM EDT on Monday, April 12, 2010
Vote on Irons loophole
David Carlin, the former majority leader of the Rhode Island Senate, says that “if the people of Rhode Island amend the state constitution in order to close the ‘Irons loophole,’ we will have struck a terrific blow against democracy.” [The Irons loophole is named for a case involving former Rhode Island state Senate president William Irons.]
He fears that this amendment would restrict the legislators’ speeches or votes in the State House. The new amendment would restore to the state Ethics Commission the same powers it has had since the voters passed a constitutional amendment, in 1986. If legislators use their vote to violate the state’s conflict-of-interest law, then they may be subject to Ethics Commission prosecution.
Mr. Carlin says that the Ethics Commission violates the principle of separation of powers because it has legislative and adjudicative functions in the area of ethics law. A 1992 Rhode Island Supreme Court opinion, No. 91-577-M.P., does not share Mr. Carlin’s view.
Mr. Carlin complains that the Ethics Commission has no authority because the commissioners are unelected. Using that argument, I guess that none of our municipal and state judges have any authority either, as they are unelected. The governor appoints five of the nine commissioners from lists provided by leaders in the General Assembly and four from the public at large. Does Mr. Carlin want the legislature to select all nine?
The only threat to democracy in Rhode Island will occur if either the Rhode Island Senate or House refuses to let the voters decide this issue this November. There are resolutions in both chambers (H7357 and S2391) that would place amendment language on the 2010 ballot to close this speech-in-debate loophole. If the legislators fail to enact these resolutions, then they will be free to break ethics laws that they themselves enacted in 1987. That really will be a blow against democracy!
Robert A. Benson Jr. Saunderstown
The writer is first vice president of Operation Clean Government.