Conflicts

Update: October 16, 2009 (see below)
In his New York Times legal affairs column today, Adam Liptak focused on what is known as "honest services fraud," which is actually part of a definition of "scheme or artifice to defraud" in the federal mail and wire fraud statute (before reading on, please read my earlier blog post...

Here's an ugly little case study, based on an ethics complaint filed in September in Hillborough County, the county which includes Tampa. According to the complaint (attached; see below), the county administrator wanted to give herself and the county attorney a 1% salary increase. Salary increases in the county must be approved by the Board of County Commissioners (BOCC). The county administrator asked the county attorney if the raises would be legal without such approval, and the county...

How can a lawyer responsibly deal with the following situation? A former city attorney, he has been general counsel to the city's sports authority, which oversees three major sports with three stadiums (and there's talk of a fourth, which the lawyer has publicly supported). The lawyer is also special counsel to the city's transit and port...

Update: December 2, 2009 (see below)

I have often complained about how local government officials and attorneys approach government ethics matters in an overly technical manner. Well, ethics commission attorneys can do this, too.

In terms of the language in ethics codes, I think the rule should be, If an ordinary person does not read language a certain way, an ethics commission should not read it that way. If the ethics commission feels certain language...

When Is a Confidentiality Waiver Not a Confidentiality Waiver?
It is common for ethics codes to allow respondents in ethics proceedings to waive confidentiality and make the proceeding public. This is what South Carolina governor Mark Sanford did, according to an article in The State back in August.

"Sanford said a...

When I heard about the ACORN sting, when two people posing as pimp and prostitute asked for help in getting a loan to open a brothel, I thought: what would happen if a local government official and a prostitute visited a local government attorney to ask for help in giving the prostitute a contract, so that the local government, rather than the official, could pay for her services?

One big difference is that it is not legal to open a brothel, but it might be legal to use your...