Legislative system, not the speaker, is the real issue

With unpaid citizen lawmakers, arguably every member who works has conflicts

As the former Republican Majority Leader in the House of Representatives, I found myself a frequent legislative adversary of the current Speaker of the House, Brian Egolf. After reading the Albuquerque Journal’s (Oct. 1) editorial suggesting impropriety by the speaker with regard to his representation of the cannabis industry in his private law practice, I felt compelled to offer a perspective in his defense.

In 2017, I was the original sponsor of the expanded medical cannabis legislation at the heart of this matter, which passed the full Legislature but was ultimately vetoed by the former governor. Despite receiving a great deal of criticism, I sponsored the bill because it was clear to me that it would bring relief to those suffering chronic disease and mental illness.

When I sponsored the legislation as minority leader, the speaker never in any way attempted to “grease the skids” for his client. It was subject to the same scrutiny as all other legislation.

In 2019, the legislation was passed by the full Legislature and signed into law. Speaker Egolf’s recent lawsuit as a private attorney on behalf of his client was intended to ensure the proper execution of this legislation. His actions as a private attorney are entirely consistent with all laws and ethical codes of conduct.

As a brief civics lesson, New Mexico has the last citizen legislature in the country. That means the 112 unpaid members of the Legislature take absence from their jobs and families to convene in Santa Fe for 30 days every even year and 60 days every odd year. They receive a modest stipend but are otherwise uncompensated.

While there are arguably benefits to a citizen Legislature, it also has serious limitations. How can we possibly address the breadth of issues affecting our state in 90 days every two years? Because legislators are not paid, they have to earn a living elsewhere. It is also arguable that every member is in conflict if they also work for a living outside their unpaid job as legislators and vote on any legislation that may ultimately benefit them personally. In short, members can and do push for legislation that, if passed, has the potential to benefit them directly. This practice is not prohibited by law or legislative ethics.

Without any direct financial interest in the cannabis industry for which Egolf was working as an attorney, his work for his client was far removed from the situation in which legislators vote on, or even sponsor, legislation that directly affects their pocketbooks.

While the Albuquerque Journal is right to raise the issue, it is unfair to focus criticism on the Speaker Egolf. It is fair to have an honest conversation around managing conflict in the state Legislature. This conversation should include paying our legislators as professionals and encouraging their year-round dedication to the leadership and management of our state. With this should also come clear and enforceable rules on real conflicts of interest to leave no doubt who each member of the Legislature works for — their constituents.