Panel rejects ethics as issue

• By MARSHA SHULER
• Capitol news bureau
• Published: Jan 5, 2009 - UPDATED: 12:05 a.m.

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The Louisiana Board of Ethics has given a Baton Rouge law firm the go-ahead to do work for LSU on a proposed deal with Our Lady of the Lake Regional Medical Center, which is also a law firm client.

The Ethics Board voted 5-4 to allow the Taylor Porter law firm to do the work as LSU negotiates a pact in which the Lake would become home to its physician training programs.

The board rejected the state’s chief ethics lawyer’s argument that it would violate state conflict of interest laws and run counter to prior Ethics Board decisions and court precedents.

The ethics panel adopted no formal reason behind the decision. Board Vice Chairman Scott Frazier said he would not want to go forward stating “rationale” at the meeting.

Board Chairman Frank Simoneaux said several board members would consult with ethics legal staff to draft an advisory opinion setting forth reasons why no violation would occur.

Ethics deputy general counsel Kathleen Allen said the decision to allow Taylor Porter to represent LSU in the dealings is “really a departure.”

“What your opinion is based on is really important because attorneys are going to take this opinion and run with it,” Allen said.

Attorneys are going to say they are not subject to the ethics code.”

The decision came at a Dec. 11 meeting of the Ethics Board.

No opinion has yet been drafted setting out reasons.

LSU System General Counsel Ray Lamonica said  no  ethics conflict  exists because he is the lead negotiator with the Lake. He said Taylor Porter attorneys will help him as needed. If Taylor Porter served as legal counsel, Lamonica said there would be a problem.
Taylor Porter attorney Nancy Dougherty had argued that the work is not being given to the firm but to specific attorneys to deal with a specific matter. “It’s not the entire firm engaged to do the work,” said Dougherty.

Dougherty said the attorneys will not perform any services for the Lake during the course of the contract negotiations. In addition, other Taylor Porter lawyers will not represent the Lake in regard to the transaction, she said.

“You can render an advisory opinion without overturning (prior cases) because they involved the law firm that was the public servant that was prohibited. In our case, it’s only the lawyers designated to do the work,” Dougherty said.