Recusal/Withdrawal

Recusal is a two-part process. First, the official discloses his interest in a matter that has or will come before his board or agency. Then, the official does not participate in that matter.

In Tucson, this process was distorted by the involvement of a board attorney. According to an article in Wednesday's Arizona Daily Star, the chair and vice...

It appeared to be a sign of sheer desperation when former Illinois governor Rod Blagojevich's attorney, in his closing argument last week, used as a defense the fact that Blagojevich isn't "the sharpest knife in the drawer."

But actually this is a real issue, at least in government ethics. It is often hard to tell the difference between incompetence and misuse of office. Take local government attorneys, for example. Many of them consciously let officials off the hook with poor...

In March I wrote a blog post about a situation in La Crosse, Wisconsin where the mayor brought his father, who runs a refuse business, to meet with a county official about a county solid waste assessment. A council member sought advice from the city attorney rather than the city ethics board, and then the mayor said he would put the matter before the ethics board. His father's company has a refuse...

According to an article in the Tidewater News, a Franklin (VA) council member said at his first council meeting that he felt the city should stop charging interest on delinquent property taxes, since so many taxpayers are under financial duress. The council member happens to be one of those delinquent taxpayers.

Update: August 2, 2010 (see below)

I've long said that conflicts of interest should not be limited to financial interests or, in other terms, situations where a possible financial benefit or loss is involved (see, for example, this 2009 blog post). My position is confirmed by the twisted yet necessary logic in...

Update: January 11, 2011 (see below)

According to a July 2 unpublished opinion by Judge Flanagan of the Washoe County (NV) district court, Carrigan v. Commission on Ethics of the State of Nevada (attached; see below), a city council member has a first amendment free speech right to vote where there is not "an actual, existing conflict of interest." (p. 13)

Due process also comes into play in the opinion:  "In the absence of an actual, existing conflict of...