Secret conflicts of interest an issue for legislative leaders

They succeed retiring House Speaker Marty Stephens, R-Farr West, who for most of his leadership time worked for Zions Bank, and Senate President Al Mansell, R-Sandy, who ran one of the state's largest Realtor firms while he was president. Stephens' and Mansell's private-work-related conflicts were relatively clear, since their employers and businesses were evident.

Cynics may say that Utah's legislative conflict of interest laws are so vague that any legislator who wishes can hide a conflict. But attorney/legislators have the unique veil of attorney/client privilege, which can add to the problem.

While any part-time politician may have conflicts because of his or her private business interests, said Anthony Musci, chairman of Utah Common Cause, a government watchdog group, the risk is increased with Valentine and Curtis because of their profession.

"There are significant conflict of interest potentials here," Musci said, because lawyers can be hired at will on the open market.

He said legislators often claim that you can't eliminate conflicts by passing laws or rules, that the public must simply trust the people they elect. "But this is an example in which (Valentine and Curtis) must hold themselves up to the highest standards of ethical conduct," Musci said.

If they can't name their clients, then they should reject any client "they (may) take on and represent both in and out of the legislative session" who have business before their bodies, Musci said. "They must be careful in their private business in view of their new positions."

In transition

Curtis' employment is in transition. He quit as Salt Lake County Mayor Nancy Workman's chief legal counselor this summer and is living off rents from an 18-unit apartment complex he owns with his father, as well as fees for "odds and ends" legal work.

He appeared before Sandy city representing clients this summer on zoning matters but has no pending actions now, he said.

He's acting as Bluffdale city's trial prosecutor, handling misdemeanors in justice court. But it amounts to only a few hours' work a week, he said.

Within four months the 2005 Legislature will be over, notes Curtis, "and I'll have to make some employment decisions then."

"I can say that until the end of the (2005) session I won't take any legal clients who won't allow their names to be made public. I'll be pretty busy anyway (on state business) for the next four months."

But come next March, Curtis says, "I'll have to look more aggressively" for work outside of the Legislature, where he makes an extra $2,500 a year over the average $15,000 salary for being the speaker.

Between being Workman's government attorney (where he made $85,000 a year) after leaving as West Jordan's prosecutor, Curtis had a private practice for about a year.

He may well go back to such full-time private law practice next spring. He doesn't foresee becoming a public attorney again.