Solicitor uses public funds for lobbyist

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Thirteenth Circuit Solicitor Robert Ariail said this week those duties didn't include lobbying for legislation that would allow solicitors, himself included, and judges to draw 90 percent of their retirement benefits after 31 and 32 years, respectively, and stay on the job at full pay.

He said the lobbying firm was involved to a small extent in advising him on "the types of things we needed to do" on the retirement proposal.

The lobbyists said they discussed the plan with some House members, including Rep. Jim McGee, R-Florence, who proposed an amendment that would have achieved prosecutors' goals, but has since backed away.

Ariail said he paid $25,000 to Warren Tompkins, a Columbia lobbyist and Republican consultant, using part of his office's share of bond forfeiture money.

The fee covered the 2005 General Assembly session. Tompkins' firm was also hired for 2003 and 2004 at the same amount, although several other solicitors shared the cost in 2003, Ariail said.

The county's bond forfeiture money was $76,349 in 2002 and was $275 more the following year. The fig ure for 2004 was $143,790, and approximately $73,000 was received for the first quarter of this year.

The bulk of Tompkins' work involved budget matters and legislation dealing with the operation of solicitors' offices, Tompkins and Ariail said.

"Obviously, it's public money, but not a taxpayer contribution," Ariail said.

The lobbying firm also worked for state Supreme Court Chief Justice Jean Toal, who was interested in the legislation because prosecutors and judges share a retirement system, Ariail said.

Tompkins and his associate, Graham Tew, said they were involved in some work on the retirement plan Ariail is seeking.

Tew said, "Bob knows we've talked to people but I think he probably feels it was more in a consultative way than lobbying and, quite frankly, he's probably right. We have not done a full-court press," and now the legislation is dead for the year.

Both said their efforts were for informational purposes and there was no buttonholing of members or counting of votes.

"I don't have any indication that Mr. Tompkins is lobbying" solicitors' retirement legislation, said House Speaker David Wilkins, R-Greenville.

Solicitors had been at a disadvantage from a lack of representation in Columbia, Wilkins said.

"Bob Ariail carried the ball to a large extent for the solicitors' association," Wilkins said, winning a number of "positive changes," and benefiting taxpayers though improvements in the administration of justice.

Wilkins said he had no problem with Ariail using public funds to lobby legislators on justice matters, but lobbying for expanded retirement benefits for solicitors "could be seen as too self-serving."

Wilkins said he was approached about co-sponsoring possible House legislation, but he declined. "I didn't know enough about it to be comfortable putting my name on."

With only three weeks left in the session, the only way it could be addressed is as an amendment to legislation covering major revisions of the state's retirement systems, he said.

"I'm hearing that an amendment may not be introduced in committee," Wilkins said. "I've heard a lot of concerns voiced about it."

McGee said last week he was preparing an amendment aimed at keeping experienced prosecutors by allowing them to draw retirement benefits after 31 years and remain in their elected positions.

McGee said this week that questions about whether the narrowly drawn amendment was germane to the wide ranging retirement bill had been raised and he would wait until next year to file a separate bill.

"The idea doesn't have any lift under it right now," he said.

A Senate bill remains in committee.

Ariail said that several years ago when he found that public defenders had their own private lobbyist, "That set me off."