Ethics ruling sought on law firms' donations
Question raised about contributions to Petro
Wednesday,
November 23, 2005
Sandy Theis
Plain Dealer Bureau Chief
Columbus-- When Betty Montgomery was attorney general, a
California
lawyer said he and his law partners donated to
Montgomery's
Ohio campaigns because of her
high standards -- not because she awarded the firm millions of dollars in state
legal work.
"My expectation is she's going to be somebody who I'm going to align
myself with in the future," William Earley, managing partner of the
San
Diego firm, told The Plain Dealer two years ago.
"There aren't that many politicians like Betty who have the quality and
standards she has."
Apparently, there is at least one more.
Employees of
California's
Luce, Forward, Hamilton and Scripps have donated $30,000 to Attorney General
Jim Petro, who is running against Montgomery and two others to become next
year's Republican nominee for governor. Since Petro became attorney general in
2003, he has awarded the
California
firm $3.2 million in state legal business.
Petro, Montgomery and Earley all have insisted that there is no correlation
between law firms that give and those that receive.
Still, Earley's firm finds itself at the center of a burning legal question:
Just how much can outside lawyers give to an attorney general and still be
eligible for lucrative, unbid legal contracts, known as "special
counsel" work?
Columbus attorney Rick Brunner
posed the question to the Ohio Elections Commission on Tuesday when he asked
the panel for an advisory opinion.
On its face,
Ohio's law seems
simple. It states that a firm cannot receive an unbid state contract for more
than $500 if an individual from the firm or a spouse, partner, shareholder,
administrator, executor or trustee has contributed more than $1,000 over two
years to the person awarding the contract.
Brunner's reading of the law: Outside lawyers such as those employed by
Luce, Forward cannot give Petro more than $1,000 over two years and still serve
as special counsel.
A spokesman for Attorney General Petro disagreed.
The law says no "individual" can give more than $1,000, Petro
spokesman Mark Anthony said. It does not say no "law firm," and
therefore individual members of the firm can each give $1,000, he said.
"All contributions to the Petro campaign are legal and fully
reported," Anthony said. "Since 1974, attorneys general and
secretaries of state have said the $1,000 [limit] applies to individuals."
When Democrat Anthony Celebrezze Jr. was attorney general from 1993 to 1991,
he agreed with Brunner's reading of the law, said Mike O'Grady, who supervised
the claims section for the office.
"The law is real simple," O'Grady said. "You and your spouse
can't give more than $1,000."
Phil Richter, executive director of the Elections Commission, said the panel
is not required to issue an advisory opinion but probably will.
He said he has not yet read Brunner's filing but did note that the
Columbus
lawyer and his wife, Jennifer, are considered among
Ohio's
election law experts.
Jennifer Bruner is seeking the Democratic Party's nomination for secretary
of state.