Thursday, January 18, 2007

Pre-Trial Hearing for Rep. Mark Olson Tomorrow

Former state senator and candidate for the 5th Congressional District in 2006, Ember Reichgott Junge lectures the MN House Republican leadership to "tread carefuly" on the eve of Rep. Mark Olson's trial (pretrial hearing Friday).

From the TPT Brain Trust Blog


The court proceeding is not yet resolved, and there is no ethics complaint filed against Mark Olson. Olson has had no forum to be heard. Yet, House Minority Leader Marty Seifert took strong action against his fellow Republican caucus member by removing his staff and committee status. Due process was left in the dust, seemingly to make a political point. 

What happens if Mark Olson is convicted of a felony in court? He must resign his office. There’s no legal question about that. But what about a misdemeanor? His political future could be up to his colleagues. Rep. Olson may make the decision himself, and tender his resignation. If he chooses to serve, he will likely face an ethics complaint against him. 

If that happens, Olson deserves to be heard. He has a right to state his case, or his apology, or even his intentions to seek treatment. The Ethics committee takes that into account in recommending consequences from apology to expulsion. 

The Senate Subcommittee on Ethical Conduct faced similar situations in 1996, where members pled guilty to misdemeanor crimes involving domestic assault, phone misuse, and other transgressions. We had full hearings, offering an open record for the public. We recommended a range of consequences upheld by the full bipartisan senate. Some of these senators chose not to run again or were defeated. Other senators admitted their transgressions in heartfelt apologies and were re-elected with bigger margins than ever.


....important point; Olson is charged with a gross misdemeanor... 


Remember: there are many different kinds of misdemeanors. Whatever happens in this case will set a strong precedent for future cases involving future members. In cases of personal misconduct, after fair public record and consequence, is a member’s future in elected office a matter for the House to decide, or a matter for the voters of the district to decide? 

As a member of the Senate, I've been a passionate advocate against domestic violence. But the issues here go far beyond any individual case. To the House leadership I say err on the side of due process. Make the public record. Bring in outside judges to help, if necessary. The appropriate penalty will become clear. 

The minute this becomes a partisan issue on either side, the House loses credibility as an institution. We’ll see a repeat of what happened with the ethics committee in Congress when House Majority Leader Tom DeLay manipulated it. Ethics became a joke. 

We often say “do the right thing.” Thoughtful due process is the path to finding the right thing to do.


And to Republican Leader Marty Seifert: become a leader, not a grandstander. In the end, you’ll be more effective.


By refusing to resign, Rep. Mark Olson has put the Republican leadership in a tough spot.

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