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Thursday, November 29, 2007

Ind. Law - Because of two conflicting laws, Lake County Councilman Will Smith Jr. on council until sentencing

John Byrne of the Gary Post-Tribune reports today:

Convicted felon and Lake County Councilman Will Smith Jr. appears to be on firm legal ground in his bid to stay on the council until he is sentenced for federal income tax evasion.

Indiana Attorney General Steve Carter and Lake County Prosecutor Bernard Carter announced Wednesday that state law does not empower them to force Smith to step down in advance of his sentencing, scheduled for Jan. 9.

The two officials instead resorted to appealing to the ethical and moral standards of Smith and his colleagues on the council, imploring them to do what's best for their reputations and that of the county by having the embattled legislator resign now.

"We're asking them to reach a little higher than the minimum ... legal standard," Steve Carter said.

Bernard Carter concurred. "I certainly would recommend that. I think the right thing to do would be to step down, yes," he said.

Smith, D-Gary, was not available to comment Wednesday. But he has said recently he plans to stay on the council until sentencing, contending his constituents and colleagues support the decision.

And there isn't any way for Smith's fellow council members to force him out, Bernard Carter said.

In the wake of Smith's September conviction for his part in a land fraud scheme, Steve Carter believed state law mandated the councilman step down immediately.

But further analysis revealed two conflicting statutes -- one ordering public officials to leave office upon conviction of felonies, the other allowing them to stay until sentencing -- both of which were signed into law May 4, 2005.

Another Will Smith related story today in the Gary paper, this one by Jon Seidel and headlined
"Attorney to replace convicted colleague":GARY -- Attorney Clorius Lay will fill a void left in the city of Gary's law department by the conviction of his colleague, Willie Harris.

Lay's 13-month contract with the city was approved by the Board of Public Works and Safety on Wednesday. It runs Dec. 1 through Dec. 31, 2008.

City Controller Celita Green said Lay will receive no more than $36,000 for his work in the law department.

Hamilton Carmouche, the city's corporation counsel, said at the meeting that Lay is filling a vacancy, and the money for his contract is already in the city budget.

Afterward, Carmouche said Harris' $20,000 contract has not been terminated because of his involvement with pending litigation.

The contract is scheduled to expire at the end of this year. Harris has been an attorney for the city since April 2006, when Mayor Rudy Clay took office.

Harris was convicted in September of fraud while on trial with Roosevelt Powell and Lake County Councilman Will Smith.

Posted by Marcia Oddi on November 29, 2007 03:42 PM
Posted to Indiana Law