The Orange County Board of Supervisors in conjunction with the Orange County District Attorney just passed a new law that might appear on its face to be a wonderful thing. Nobody wants “sexual predators” to be allowed to molest or assault anyone. However, there are so many things wrong with this new law as written that it most certainly will be struck down as unconstitutional. However before we get into the merits of the law someone has to immediately look into what appears to be a major conflict of interest on behalf of the parties that allegedly were the driving force behind the passage of this new law.
The first question you have to ask is who will “benefit” from this new law and whether there imay be a serious conflict of interest at play here. It has been reported that Board of Supervisor (NELSON, put his first name here) was the moving force behind this new law in concert with District Attorney Anthony Rackaukas-make sure spelling is correct. Something appears very wrong here. The vast majority of laws related to sex offenders and all other crimes are created and become law after they are debated and voted on by our state legislators who cannot have any conflict of interest by the passing of these laws. What this means is the people who are voting on the law will reap no direct or indirect financial gain from the new law.
HOWEVER, with this new law we have what may be a major conflict of interest. Board of Supervisor Nelson continues to be a law partner in the law firm of Rizio and Nelson. This law firm advertises extensively that they defend persons accused of crimes, including sex crimes. This new law will mean that people will be arrested for this new law and they will need a lawyer. Many may call the Rizio-Nelson firm to defend them. You certainly have to wonder how it can be legal and appropriate for Mr. Nelson to work hard to pass a new law that can easily financially benefit his law firm. You also have to wonder how on one hand Mr. Nelson can strongly advocate for this law restricting all PC 290 registrants from (what it restricts here) when he knows that his law firm will likely financially benefit when clients retain his law firm to defend them. Does this sound right to anyone?
In the same manner, when the Orange County District Attorneys office gets into the business of working to enact new laws as opposed to prosecuting the laws that our state legislature creates there is a clear conflict of interest. What is happening is that the District Attorney is creating “new business” for itself, so it can justify asking the Board of Supervisors for more tax dollars because they need more prosecutors and assistants to put people who violate this new law into effect.
The bottom line is that there are many problems with this new law that will be addressed in future blogs. However, there is a reason that our criminal laws are adopted by our elected state legislatures who can have no conflict of interest in voting on these laws. Someone has to look deeper into the apparent conflict of interest that exists with the passing of this new law and do so before it goes into effect on May 5, 2011. Feel free to contact Wallin & Klarich for more info. www.wklaw.com and/or 888-749-7428
