Electing to Restore Public Confidence

There’s the oft-repeated legal aphorism that the appearance of a conflict of interest can be just as devastating as a conflict itself.

That’s why Shelby County Commissioner Steve Mulroy is right to question why someone other than Republican Party operative John Ryder shouldn’t be representing the Shelby County Election Commission as its county-appointed lawyer. 

At the most basic level, it’s hard to understand why Shelby County Government would appoint a lawyer whose fealty to one party or the other provokes concerns about partisan influences.  At a time when the Election Commission needs to send a clear message that it’s intent on doing what’s right regarding its election problems, it makes no sense to have a person who raises questions about the impartiality of his legal advice.

Questions

We know that it’s been said that Mr. Ryder defended the Election Commission when it was controlled by Democrats, but that’s little more than a rhetorical sidestep.  Even then, there were questions about legal opinions and his ultimate loyalty. 

It shouldn’t be this way.

Most recently, concerns surfaced when he delivered an 11^th hour legal opinion that extended the transition period – from 2012 to 2014 – for the new government in the event that consolidation passes.  It was so late in the game – in fact, it was the day the charter had to be filed with the Election Commission – that the Charter Commission had little recourse but to accept it.

It was unsurprising that there were whispers asking whether that would have been his legal opinion if Republicans hadn’t swept almost every county office.  His opinion appeared to result from his casual conversation with someone who answered the phone in the Tennessee Attorney General’s office on a late Friday afternoon.

Take the Fifth

Rightly or wrongly, these kinds of concerns follow Mr. Ryder as a Republican National Committeeman and as someone who’s represented his party in the drawing of legislative districts.  If the tables were turned, it’s hard to imagine that conservative Republicans wouldn’t be screaming to high heavens.

Mr. Ryder is unquestionably a gifted attorney, or he couldn’t have survived multiple county mayors, but the lack of sensitivity to the political ramifications and the whispered doubts about legal opinions is unnecessary and in the end, does no one a greater disservice than him.   

In his own defense, Mr. Ryder said: “I think there’s a real question about whether or not a county commissioner who has a partisan bent of his own should be second-guessing the assignments made by the County Attorney’s Office. It’s a very unusual thing to happen.”  

Actually, it wasn’t too many years ago that Republican County Commission John Willingham also questioned the assignment of Mr. Ryder to answer a legal question that the commissioner had raised.  His concern too was that his political opinions had colored his conclusions.  At any rate, even if it’s an unusual thing for a county commissioner to question the assignments made by the county attorney’s office, it’s silly to suggest that they shouldn’t. 

 As citizen representatives to county government and with control over the budget, commissioners like Mr. Mulroy have every right to ask questions.  More to the point, assistant county attorneys involved in these kinds of questions should remain quiet and leave it to the county attorney to reply.  It was in replying that Mr. Ryder most confirmed his status as a political operative. 

Nice Work if You Can Get It

In response to Commissioner Mulroy, newly appointed Shelby County Attorney Kelly Rayne – who manages one of the largest law firms in Memphis – said she would be reviewing all assignments of her staff, including part-time assistant county attorneys like Mr. Ryder.  Most of the assignments – which lawyer handles legal issues for which department or agency – have been in place for more than a decade, so it’s a timely point for a complete review, including assignments, fee structure and perks.

Part-time assistant county attorneys are paid through an intricate caste system where lawyers are divided into groups.  They are paid retainers ranging from about $60,000 a year to about a third of that.  The tier system for these part-timers tends to reflect the political influence of specific lawyers and their law firms.  It’s difficult for many people to understand why county government can’t just hire private lawyers when they’re needed, but perhaps, there’s a logical reason for this set up.  We just haven’t heard one since this system was set up 15 years ago by former Shelby County Mayor Jim Rout and Mr. Ryder was placed in the top payment tier.

After all, there’s no one in county government with sweeter deals than the part-time county attorneys.  Not only do they get retainers, they charge extra for going to court.  They get county benefits, including health care coverage.  In light of the change in county administrations and the pressure to cut costs, it’s past time to get realistic about an employment package that makes sense to the taxpayers paying it.

Encouraging Signs

Back to the Election Commission, we were encouraged by the shift in tone this week by its chairman Bill Giannini.  Rather than the defensive, legalistic answers that have characterized the Election Commission’s answers since the election embarrassment, this week he said that the Commission’s interest in determining the facts and solving the problem. 

We hope that we never again hear the lame defense that there weren’t enough votes in question to tilt the results in favor of the Democrat in the race.  That’s beside the point, because more precisely, one vote lost is one too many.