Even though an attorney for Rep. Greg Hughes, R-Draper, asked Monday that this week's House Ethics Committee inquiry into allegations against him be held in public, the committee's co-chairman said he has no choice but to keep the meeting closed.
"I cannot change or undo what the 104-member body did," said Rep. Todd Kiser, R-Sandy, noting the committee rules were set by the Legislature. "I'm responsible to follow the rules and laws by which my committee has been organized to do business."
Kiser said he and the Democratic co-chairwoman of the committee, Rep. Lou Shurtliff of Ogden, made that determination after consulting with legislative counsel Monday about the request from Hughes' lawyer, Thomas Karrenberg.
"It is my client's desire that this process be completely open so that the public may hear the complete story about these unfounded allegations rather than hearing nothing but self-serving leaks to the press," Karrenberg said in a letter to committee members.
An ethics complaint against Hughes was filed last week by Rep. Phil Riesen, D-Salt Lake, and two other Democratic legislators that includes the allegation Hughes offered a former lawmaker up to a $50,000 campaign donation to switch her vote on school vouchers.
And Hughes, along with two other GOP legislators, has filed an ethics complaint against Riesen. That complaint said Riesen broke ethics rules by leaking information about the allegations to KSL-TV.
Riesen's attorney, Pat Shea, is attempting to get that complaint dismissed by the committee. But Kiser said he and Shurtliff decided Monday to ask the committee to go forward with both complaints, at least until legislative counsel can review the request for dismissal.
Shea characterized the complaint against Riesen as "a retributive ethics charge" that could set a dangerous precedent. His request to the committee for a dismissal states that Riesen did not behave unethically in any way.
"The complaint, sadly, appears to be an effort to divert attention from the larger concerns — allegations of real corruption, bribery, and extortion — which are the subject matters of the complaint filed against Hughes," the request for the dismissal concludes.
Kiser said the committee expects to begin hearing from witnesses about both complaints on Wednesday. He said the witness list, which now numbers around 30 people including some lawmakers, would be made public once it is finalized.
Hughes' attorney held a mid-afternoon press conference Monday to defend his client's complaint against Riesen. Karrenberg said it has been called "sort of a tit-for-tat complaint. That is not true."
He gave reporters a copy of the campaign contributions made to Hughes' Democratic opponent, Lisa M. Johnson, that included $2,000 he said was from one of Riesen's attorneys, Alan Smith.
"There is clearly some politics being played here," Karrenberg said.
Hughes' attorney also defended his client's own actions. "This is not bribery. This is not illegal," Karrenberg said, describing the exchange between Hughes and former state Rep. Susan Lawrence as beginning when she asked for help getting reelected.
Hughes, according to Karrenberg, "let it be known" that groups supporting private school vouchers had money available to contribute to candidates who backed their cause. Hughes did not mention an amount of money, Karrenberg said.
He said that's just the way politics works. "I'm not saying it's a 'wink-wink, nudge-nudge.' I'm saying it's a truism," Karrenberg said. Lawrence, a voucher opponent, lost her bid for reelection in 2006 — to Riesen.
Karrenberg also said he had not yet received a response from the ethics committee about his request that the inquiry be opened. Told that the co-chairman had said the meeting had to stay closed, Karrenberg said, "That may well be true. ... All I can do is request it."
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