Ethics for Everyone

Carping at the more egregious ethical lapses on Capitol Hill is a popular American sport. It is in season all the time, and offers bounties to political scientists and editorial writers whenever a plump target like Bobby Baker, Senator Thomas Dodd or Representative Adam Clayton Powell pops up. The sport is perfectly legitimate, especially because Congressmen are often hasty to impose tougher conflict-of-interest standards on others than on their own erring colleagues. But serious, searching analysis of the subject is uncommon. Last week the Association of the Bar of the City of New York produced exactly that--a study at once revealing of abuses and constructive in its proposals for remedy.

The report, published by Atheneum as Congress and the Public Trust, concludes: "The public should be properly appreciative of the ethics advancement in Congress over the past few years. Nonetheless, much remains to be done." After a three-year study financed by the Ford Foundation, an eleven-man team headed by Louis M. Loeb found, for example, that in 1969, 13 of the 35 members of the House Banking and Currency Committee held interests or official positions in banks. Also, some 60% of Senators and Representatives are members of the bar.

Double Doors. More than a third of the lawyer-legislators continue to practice law while holding office. In some instances, they resort to dual-partnership or "double-door" practice: two law firms are created, one with and one without the congressional partner. The Congressman's firm takes no cases that involve appearances before federal agencies, because that is illegal. Instead, it refers such business to the partner firm. Two Representatives who have participated in double-door practices are Emanuel Celler, chairman of the Judiciary Committee, and Jacob Gilbert, both of New York. Among those on the banking committee who hold bank offices or have financial interests in banks back home are William Chappell of Florida, Thomas Rees of California and Robert Stephens of Georgia. To avoid these and other possible abuses, the report recommends that:

> Congressmen should voluntarily abstain from serving as officers, directors, trustees or partners in any commercial enterprise.

> Congressmen should make broader disclosure of their financial interests than they are required to do now. Under the current ethics code, Senators must divulge honoraria of over $300; House members are required to disclose income of over $5,000 that might create a conflict of interest.

> No Congressman should engage in any kind of law practice, except possibly during a transition period--a new Senator appointed to fill out an uncompleted term or a Representative in his first four years in the House. Double-door dealings should be avoided.

> Members should voluntarily avoid any economic interests that might be affected by legislation that comes within their committee's jurisdiction.

The report goes out of its way to take a conciliatory tone and to make recommendations that "would be realistically constructive and helpful to enable the members of Congress to render better service and earn a substantially greater degree of public confidence." After all, only Congress can make the rules and enact the laws for governing itself, so the bar experts were careful not to treat the legislators as though they were members of a criminal class.

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