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Prosecutorial Interference with a Local Government Ethics Investigation

Thursday, February 26th, 2015
Robert Wechsler

Yesterday, two members of a New York City council member's election campaign were indicted on criminal charges brought by a special prosecutor, who was appointed in 2012. Read this December 2014 New York Law Journal op-ed piece by Brennan Center (NYU) Chief Counsel and longtime New York City Corporation Counsel Frederick A.O. Schwarz, which argues very well that this...

The Value of a Chicago Referendum on Public Election Financing

Wednesday, February 25th, 2015
Robert Wechsler

Is it, as Every Voice says in its celebratory e-mail last night, an "exciting victory [that] sent a loud and clear mandate to city and state governments to fundamentally reform the way we fund elections so that everyday Americans can take back control of their democracy"?

Or is it, as the more cynical...

Fundraising for a Political Convention: Pay to Play, Transparency, and a Blind Spot

Thursday, February 12th, 2015
Robert Wechsler
Even the most enthusiastic good government politicians often have a serious blind spot:  themselves. They believe that everyone else is into pay to play and selling out to big contributors. But not them. They're only doing what's best for their city.  They have only the community's best interests in mind. And sometimes the community needs those big contributors, and who but he is best situated to get them to open their wallets? However, the big contributors don't have the same blind spot, so...

Lawyer-Client Confidentiality and Money Laundering

Friday, January 23rd, 2015
Robert Wechsler
The arrest of New York state senate majority leader Sheldon Silver points to an ongoing institutional problem that is not limited to New York state:  the law firm as the perfect place to launder money. The reason for this is that lawyer-client confidentiality, at least as it is often practiced, allows a law firm, and the public office holders who are part of or do work for it, to keep its clients, its services, its receipts, and its payments secret.

According to...

An End-of-Year Miscellany

Tuesday, December 30th, 2014
Robert Wechsler
Call for a State Municipal Lobbying Code
It may be a big holiday week and the end of the year, but there has still been some news on the government ethics front. The Boston Globe has called for the state to institute disclosure requirements for local lobbying. According to the editorial, the only rule now is to file a letter...

Contingency Fees and Lobbying and Contracting with Attorneys General

Monday, December 22nd, 2014
Robert Wechsler
There is a lot of disagreement over whether contingency fee arrangements between client and lobbyist should be permitted. Many cities, counties, and states prohibit arrangements where lobbyists are paid only if they succeed. The principal reason is that this arrangement encourages ethical misconduct. It encourages lobbyists to do everything they can to win, which may be good in a private adversary suit, but is not appropriate in a public context, where winning involves changes in public policy...

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