Pass meaningful ethics laws

The Utah Legislature now has to show how serious it is. Lawmakers can seize the opportunity to institute meaningful and workable ethics reforms — including establishing an ethics commission to investigate allegations — or leave the job to a citizen initiative drive, which has proposed sweeping changes.

The Legislature has the power to halt that movement. But that means lawmakers have to pass tough laws to regulate their own conduct and to create a hearing process that provides the accused due process but protects the integrity of law-making. This is no small order.

But state lawmakers surely recognize the consequences of passing watered-down reforms. That would propel the efforts of Utahns for Ethical Government, which must collect 94,552 valid signatures to place an initiative on the November 2010 ballot that would establish a code of ethics for lawmakers. The initiative would create an independent ethics commission that would meet in public to hear complaints against lawmakers. It also would set limits for campaign contributions and limit gifts to legislators to "light refreshments of negligible value."

Earlier this week, a legislative study committee adopted plans for a proposed independent ethics commission. The group would comprise three retired judges and two former legislators. It would review — in private — ethical charges made by any two Utahns. If at least four commission members concurred, the charges would be made public and referred to either the existing House or Senate ethics committee. Those committees, meeting in public, could recommend reprimands, censures or to kick lawmakers out of office. The entire Senate or House would vote on the recommended disciplinary action.

While this plan does not go as far as Utahns for Ethical Government's proposal, it is a step in the right direction. While many lawmakers agree in principle — particularly regarding the initial complaint procedure being secret — some are divided on details.

For instance, if the complaint somehow became public knowledge, some lawmakers have said it should be dismissed out of hand. If that were the policy, it would behoove lawmakers facing complaints to develop a case of loose lips, right?

Some lawmakers expressed concerns that retired judges might not understand how the Legislature works and apply judicial conduct standards to the legislative branch. While it is true that judges have strict canons governing their conduct, it could be reasonably expected that judges as commission members would apply the facts to the rules lawmakers establish.

Both the citizen initiative and the legislative proposal are far from fruition at this point. But if lawmakers honestly believe the proposal by Utahns for Ethical Government is unworkable, they've got to come up with a better option that serves the highest interests, protecting the lawmaking process from undue influence and corruption.