Secret conflicts of interest an issue for legislative leaders

Utah's new legislative leaders, Senate President-elect John Valentine and House Speaker-elect Greg Curtis, are both attorneys, leading to possible secret conflicts of interests next year if any of their current or future clients refuse to be named in the leaders' official conflict-of-interest disclosure statements.

Both men say they are aware of the issue and that fellow legislators and the public will just have to trust they are doing the right thing, as they say they've done throughout their decadelong public careers.

Valentine said he'll continue his practice of not naming clients but declaring a possible conflict of interest from the floor if the need arises. "I will personally sponsor no bills as president, so some conflicts may be avoided that way," he said.

At least through the 2005 Legislature, Curtis said, he'll name all his legal clients or won't take them on if they refuse to let him name them. After that, it depends on how he pursues his legal career, he said.

"I'll be glad to name" clients, as long as "they don't mind" being listed publicly, Curtis said, leaving open the possibility of secret clients down the road.

The situation in the 2005 Legislature will be unique, for it's the first time anyone can remember when both the Senate and House top leaders were practicing attorneys.

The attorney code of ethics prohibits a lawyer from naming or talking about a client if the client declines to approve the move, said retiring Rep. Scott Daniels, D-Salt Lake, who is a past president of the Utah State Bar. "That's it. You can't name them, or you're subject to disciplinary action by the bar."

On the other hand, all legislators must fill out conflict of interest forms listing their sources of income and, from the floor, declare those conflicts as they vote on bills or budgets that involve those conflicts.

Curtis says all general practice lawyers serving in the Legislature have the same possible problems because of iron-clad attorney/client privilege, although he admits the House speaker and Senate president hold the most powerful legislative positions and so can have a greater influence on some decisions.

Changes at the top

Valentine, R-Orem, and Curtis, R-Sandy, were picked by the GOP caucuses for the top posts two weeks ago. They take office Jan. 1 and will oversee the 2005 and 2006 Legislatures.