making local government more ethical

You are here

Recusal/Withdrawal

Robert Wechsler
When a lawyer decides to represent a private client, she does not give up her right to vote or petition governments on her own behalf. But what about when a lawyer decides to represent a public client, especially as a lobbyist? Does such a lawyer give up her right to vote on issues relating to the city government (assuming she sits on another government's board) or petition a government on behalf of her own beliefs?

These questions arise from a case in Cincinnati, where a city...
Robert Wechsler
In a New York Times column today, Michael Powell has unearthed an ugly-looking government ethics situation in New Jersey involving apparent misuse of government ethics authority to win a vote.

The fact situation is fairly typical. What is not typical is the way it has been handled. A gas company is seeking permission to put a...
Robert Wechsler
According to a recent Reader Supported News article, ethics allegations have been made in Montpelier regarding two high-level officials. Both allegations are worthy of a closer look.

According to the article, the mayor of Montpelier, the state capital, is a lawyer with a firm that represents two major national banks. The city's director of...
Robert Wechsler
The Boss of the Ethics Director's Bosses
According to an article this week in the Free Times, an FOI lawsuit was filed against South Carolina's ethics commission, because its director had said that a letter informing the governor of an ethics violation had not been sent and had been destroyed, when in fact it was sent and did exist.

Not only...
Robert Wechsler
It was pointed out to me by Justin Levitt, a professor at Loyola Law School Los Angeles, that back in 2000 John Copeland Nagle, a professor at Notre Dame Law School, wrote a law review article suggesting what I call the Westminster Approach to campaign contributions from those seeking benefits from the recipient official's government. The article, which focuses on Congress, is entitled "The Recusal Alternative...
Robert Wechsler
The long-running Carrigan case (Carrigan I, that is) may have finally come to an end. And it's a very good end. After the U.S. Supreme Court threw out Carrigan's absurd argument that a council member has a First Amendment free speech right to vote on legislative matters where he is conflicted, the Nevada Supreme Court concluded that, if a council member chooses not to seek ethics advice and votes on a matter involving someone with whom he has a special relationship, he cannot say...

Pages