We now know that Governor Jindal’s new ethics reforms are unenforceable (Sunday’s Advocate commentary). This was the result of raising the bar for proof to the point where even those responsible for enforcement concede that it is unlikely that they can convict anyone (at least anyone important) of a violation of the state’s “Heh, Heh, Heh,” Ethics Laws.

Since ethics enforcement in LA is effectively dead, an autopsy is in order.

Autopsy

As HB 41of the 2008 1st Special Session was initially introduced the standard required to convict as “substantial” evidence. That is how it initially passed the House by a vote of 95 to 3.

As HB 41 passed out of the Senate and Governmental Affairs Committee the standard remained as “substantial.” (Note: the Senate committee is chaired by Jindal Floor Leader, Sen. Bob Kostelka, R-Monroe).

Suddenly, when the legislation arrived on the Senate Floor, Kostelka, being a skilled lawyer and former state judge, recognized that enforcement of the ethics laws was alive.

On the Senate Floor, Kostelka, initially, offered an amendment ( SFA#790) to change the standard of proof from “substantial” to “preponderance.” Then, apparently realizing that the “preponderance” standard would not effectively kill ethics enforcement in Louisiana, Kostelka withdrew that amendment.

This time Kostelka was determined to kill ethics enforcement. Kostelka’s next amendment ( SFA # 794) was to change “substantial” evidence to “clear and convincing” evidence.

The amendment was approved (without objection) by the Senate thus delivering a near fatal blow to the ethics enforcement in LA.

Then, ethics enforcement though dazed seemed to recover. The House rejected all the Senate amendments and the bill was sent to a Conference Committee to work out the differences between the two bodies. At that point ethics enforcement was still alive.

In the Conference Committee Report Item No. 8, specifically retained was the Kostelka amendment.

Cause of death

On February 26, 2008, the members of the Senate and House delivered near fatal death blows to ethics enforcement.

Fingerprints were taken from the instrument (Conference Committee Report) used deliver the blows. To see a list of names of those whose fingerprints were found on the instrument look here and here.

Those marked “Yea” are all accomplices in the death of ethics enforcement in LA. Those marked “Nay” or “Absent” are innocent.

Finally, this autopsy concludes that cause of death (”C.O.D.”) of ethics enforcement in Louisiana was an intentional fatal blow (signature) delivered by Governor Bobby Jindal on March 14, 2008.

Respectfully submitted,

C.B.
Mullet Legislative Forensic Pathologist