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Legislative Ethics Board declines blanket opinion on lawyer‑legislators representing clients against state agencies
Summary
After extended debate the Legislative Ethics Board concluded it will not issue a new blanket advisory opinion on whether attorney‑legislators may represent clients against state agencies, saying the question is fact‑specific and education and cautionary guidance are preferable.
The Legislative Ethics Board on Thursday discussed a proposed advisory opinion addressing whether legislators who practice law may represent clients in matters involving state agencies and decided not to issue a blanket rule.
Jennifer, the board’s staff attorney, presented a draft that concluded “the opinion is no. It’s not automatically an ethics violation,” while emphasizing several cautions: attorney‑legislators must keep their private legal work clearly separate from their legislative duties, avoid using legislative status to obtain special treatment, and be alert to appearances of special privileges (SEG 415–423). The draft also proposed that an administrative law judge (ALJ) could prepare an initial order for board review and that discovery limits follow the Administrative…
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