THE PASSAGE of time often allows us to forget about painful and
ugly incidents. That's good for our emotional well-being. But the
downside is that it can prove the cliche about repeating the
mistakes we don't learn from. Forgetting about painful and ugly
incidents can cause us to forget why we took certain corrective
actions.
That seems to be happening at the State House.
Twin scandals in the 1990s rocked our government and produced
groundbreaking reforms in the way government operates. In the first,
and more traumatic, the FBI wired up a shady
lobbyist-turned-undercover-agent and arrested a tenth of our
Legislature on bribery and drug charges. In the second, legislators
let logrolling get out of hand when they used a series of
vote-trading deals to elect the least qualified candidate to three
judgeships -- including one whom the Bar and the Legislature's own
screening committee said didn't know the law well enough to do the
job. (This came on the heels of another candidate who demonstrated
he didn't understand the law he would be charged with judging -- a
member of the House -- rolling to election to the Circuit Court
without any opposition.)
In response to judicial scandal, lawmakers created a tough new
nominating commission to weed out the unqualified candidates and
prohibited legislators from seeking the seats until they had been
out of the Legislature for a year.
In response to Operation Lost Trust, they passed what was then
considered the toughest ethics law in the country. One of the key
provisions was the so-called no-cup-of-coffee rule. It said that
lobbyists could not buy anything for a legislator -- not even a cup
of coffee. Draconian? Perhaps. But it was necessary; otherwise, who
would draw the line?
Knowing how easy it is to get around rules, the no-coffee law was
extended to lobbyists' employers -- although with exceptions. These
lobbyist principals, as they are called, could spend up to $25 a day
on food and beverages for legislators if they were invited in
groups: the entire Legislature, the House or the Senate, an entire
committee or subcommittee, an entire county delegation, the
Republican, Democratic, black or women's caucus.
Flash forward. Last month, the House passed a bill to wipe out
the waiting period for legislators who want to be judges. While
legislators still couldn't file for a judicial seat until after they
leave office, the practical effect is that legislators can sit on
the floor of the House (where the public is not allowed) and trade
votes on legislation with the people they're trying to convince to
elect them to the bench at the start of the next legislative
session.
The following week, the House followed up that action by passing
a bill to allow the creation of caucuses based on length of service
in the General Assembly.
This has been proposed before -- like this time, from members of
the freshman caucus. Yes, there is such a caucus; the bill isn't
necessary to allow it to exist. What the bill allows, without saying
so, is for the freshman caucus to be wined and dined just like the
Republican Caucus or the Democratic Caucus or the Black Caucus or
the Women's Caucus.
While I see no need for that, it could perhaps be tolerated if
this were the only allowance. But the bill doesn't simply allow a
freshman caucus. It allows a sophomore caucus. It allows a caucus of
people elected in 1996. And 1995. And 1984. And so on.
You don't have to go very far back to get to the point where
there are just five "caucus" members. Or two. Or one. And at that
point, you have obliterated the no-cup-of-coffee rule. And our
ethics law is no longer something to point to with pride -- or
something to protect the public from legislators who become a little
too chummy with lobbyists and their bosses, who start thinking
what's good for their pals is what's good for the public.
Oh, and just for good measure, the week after the House passed
that measure, two dozen representatives filed still another
gut-the-reforms bill, this one allowing the wining and dining of
caucuses "based on previous or current honorable service as a member
of the armed forces of the United States or of a reserve component
of the armed forces of the United States, the National Guard of
South Carolina or another state, or the state guard of South
Carolina or its equivalent in another state." The legislation
doesn't make clear whether it allows a separate caucus for each of
those groups, or simply one armed forces caucus.
It might be pleasant to pretend that the ugly past didn't exist.
But wiping out the rules we put in place in response to the ugliness
is the surest way there is to make sure we have to live through it
all over again.