SOMETHING TO THINK ABOUT
ARE DEMS BEING
HYPOCRITES?
Normally I would just provide a link, but I
wasn't sure how long AP would keep this story up. But this type of story could
be the building block on why the Guv won't be forced from office. Of course,
I've been wrong before!
Legislature not always swift
to act on allegations of misdeeds
February
8, 2004
Associated Press
By JOHN CHRISTOFFERSEN
Associated Press Writer
Connecticut state Sen. Edith Prague was
so angry with Republican Gov. John G. Rowland that she refused to even attend
his state of the state address last
week.
A day later, Prague was traveling
on official business with a fellow Democratic lawmaker who had served from
prison after his third arrest for drunken
driving.
Rowland is under fire for
accepting gifts for his Litchfield cottage from friends, employees and a state
contractor and later lying about it. He is the subject of a federal corruption
probe and a special state House committee is investigating the governor's
conduct to determine whether he has committed any impeachable
offenses.
He has not been charged with
committing any crimes, or convicted. Nevertheless, Prague and many Connecticut
lawmakers from both parties have called for Rowland to
resign.
If the special committee
recommends impeachment, the full House of Representatives will vote whether to
send the case to the state Senate for trial. Of the 151 members of the House who
may wind up voting on impeachment, one is charged with sexually assaulting a
child and another has been convicted of drunken
driving.
The House has declined to take
formal action against several members arrested on various criminal charges in
recent years. For Prague and many others, the difference centers on whether the
conduct in question relates directly to the
office.
The lawmakers were accused of
crimes unrelated to their office that did not involve benefiting from their
position, they say.
"It's a strange
difference, but there is a difference here," Prague
said.
"I think there is a distinction
related to your employment and private misdeeds," said state Rep. Michael
Lawlor, D-East Haven, who sits on the inquiry
committee.
Others see a potential double
standard, depending on the evidence developed in Rowland's case and the ultimate
vote.
"This body in many instances has
felt the need to reserve judgment before taking some action against one of its
own members," said John Pavia, a former prosecutor and an adjunct professor of
law at Quinnipiac University in Hamden. "I think they have the same obligation
with the governor."
No attempt has ever
been made to remove a sitting governor in Connecticut. The Connecticut
Constitution includes only three short paragraphs about the
process.
A spokesman for Rowland
declined to comment on the cases involving
lawmakers.
Pavia, a Republican, has
warned against creating a confusing
standard.
"Who, for example, would ever
be able to explain why the legislature moved to remove Rowland when it has never
taken any action against one of its own members who is currently awaiting trial
on multiple felony counts?" Pavia wrote in a recent newspaper
editorial.
That was a reference to state
Rep. Jefferson Davis, a Pomfret Democrat charged with sexually assaulting a
child. Davis, who has pleaded not guilty, voted in favor of creating the
committee that is looking into Rowland's
conduct.
"I have continuing
responsibility as a legislator," Davis said
Friday.
Davis said he has not faced
pressure to resign.
"The charges against
me have nothing to do with my legislative work," Davis
said.
On Thursday Prague, D-Columbia,
was driving state Rep. Kevin Ryan, a fellow Democrat from Montville, to a union
meeting. Ryan remained in the legislature while he served four months in prison
for drunken driving and has since been promoted to co-chairman of the labor
committee.
"I was angry at him when it
happened," said Prague, sitting next to Ryan, whose license is suspended. "He
paid his price to society and he's a very good
legislator."
Senate Minority Leader
Louis DeLuca, R-Woodbury, said the distinction underscores a double
standard.
"She's right, they are
different: One was convicted and the other has not even been indicted," DeLuca
said. "They're using a ruler for one and a yardstick for
another."
House Minority Leader Robert
Ward, R-North Branford, said that in retrospect he wishes he had called for
Ryan's resignation when he was sentenced to
prison.
But Ward noted that Ryan has
been re-elected, so the judgment of his constituents should be respected. He
also drew a distinction between allegations of public corruption and other
cases.
"I think the general sense was to
allow the criminal justice system to work for offenses that didn't relate to
public corruption," Ward said.
Ryan
declined to comment. He did not cast a vote on the
inquiry.
Connecticut lawmakers are not
alone in showing a reluctance to take action against their
colleagues.
"Sometimes legislators tend
not to want to get into the private area," said Brenda Erickson, senior research
analyst with the National Conference of State Legislatures. "It's a very
difficult area, especially determining the private-public
aspect."
Expelling a member is rare, but
more than a dozen states have expelled lawmakers over the years, Erickson said.
Others, including Connecticut, have censured members or taken other disciplinary
steps, she said.
"I think they weigh it
to determine how much it's going to impact the legislator's ability to be a
legislator and the impact on the institution," Erickson said. "But the reality
is if it's something that raises a lot of concern, most often the people are
pressured into resigning and leaving."
In Wisconsin, legislative leaders sent a letter of reprimand to a member in 1995
after his third arrest for various violations such as drunken driving and
marijuana possession.
Prague called
Ryan's third arrest a personal problem. But when Republican Rep. William Varese
was arrested on drunken driving charges in 1998, she asked him to step down from
a committee and abstain from voting on her bill to lower the drunken driving
threshold.
Prague was criticized by
other lawmakers at the time. "I think it's wrong whenever a colleague gets
involved in judging another colleague," said Senate President Kevin Sullivan,
D-West Hartford.
House Speaker Moira
Lyons, D-Stamford, said each case must be considered
individually.
As Ryan prepared to head
off to prison, Lyons said at the time she would not ask him to step down. Ryan
had begun treatment for an alcohol problem, and had made special arrangements to
ensure he stayed in close touch with his office, Lyons
said.
Lyons said last week that there
was no outcry for Ryan's resignation. Rowland admitted wrongdoing, while Davis
has denied the allegations against him, Lyons
said.
Lyons said lawmakers did privately
encourage former state Rep. Donnie Sellers to resign after he was charged with
taking a bribe in exchange for a pistol permit recommendation. Sellers resigned
after his January 1997 conviction.
"I
think the governor needs to be held to a certain standard. We all do," Lyons
said. "We all have to get our day in
court."
Scott McLean, associate
professor of political science at Quinnipiac, said lawmakers are reluctant to
pass judgment on colleagues.
"My sense
of it is they all belong to a club," McLean said. "They don't want to start
pointing fingers or removing one another because there is no clear end to it. He
who lives in a glass statehouse should not throw
stones."
Posted: Mon - February 9, 2004 at 12:57 AM