Legislators convicted of felony would be removed from office
11:09 AM 6/26/02
Dee J. Hall Wisconsin State Journal
indent Any lawmaker charged in the ongoing "John Doe" investigation, will suffer from "bad publicity" but no immediate official sanctions, said Kevin Kennedy, executive director of the state Elections Board.
indentOnly if a lawmaker is convicted of a felony and sentenced would he be punished by automatic removal from office, Kennedy said, because the state constitution bans anyone who isn't a "qualified elector" from holding office. Since Wisconsin law bars anyone convicted of a felony from voting, that means felons cannot run for or serve in the Legislature, Kennedy said last week.
indentThe consequences for any legislative employees charged or convicted in the scandal are less clear. Neither the Assembly nor the Senate has a policy on what to do if a legislative employee is charged or convicted of a crime, the chief clerks for those two bodies said recently.
indentAnyone charged in the caucus investigation who also holds a law license - such as Sen. Brian Burke, who was charged Wednesday - could face an additional penalty: professional discipline regarding the right to practice law in Wisconsin, confirmed Keith Sellen, director of the state Office of Lawyer Regulation.
indent"For any attorney charged with a crime or convicted of a felony, we would evaluate that. We take those matters very seriously," Sellen said last week.
indentUnder a Supreme Court rule that takes effect Monday, all attorneys convicted of a crime are required to notify Sellen's office. Until then, most referrals have come from Wisconsin court clerks, who are required to report convictions of attorneys to the Office of Lawyer Regulation. Agency staff would then investigate, and a committee of lawyers and non-lawyers would decide, whether there is cause to proceed against that attorney for professional misconduct, Sellen said.
indentThe state Supreme Court makes the final decision on discipline. Options range from private reprimands to revocation of the law license, Sellen said. A Wisconsin attorney who loses his license can seek reinstatement after five years, he said.
indentUnder the state Supreme Court rules for lawyers, "professional misconduct" includes the commission of a "a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness," or "conduct involving dishonesty, fraud, deceit or misrepresentation."