Advisory Opinion No. 1995-13
Advisory Opinion No. 1995-13
Lawyer Who Works To Affect
Legislation Is Lobbyist As
That Term is Defined By Code
Of Ethics For Lobbyists
As a result of several questions which have been raised,
State Ethics Commission Supervising Attorney Rachel S. Rubin has asked the Ethics
Commission to reaffirm its interpretation of the Code of Ethics for Lobbyists,
Conn. Gen. Stat. §1-91 et seq., with regard to lawyers who work
to affect the actions of the General Assembly.
Apparently, there may be some confusion as a result of legislation which
was passed in June of this year (Public Act 95-44). Under P.A. 95-144, the definition of lobbying
was altered to exclude communications by an attorney made while engaging in
the practice of law and regarding any matter other than legislative action as
defined in [Conn. Gen. Stat. §1-91(j)] or the proposal, drafting, development,
consideration, amendment, adoption or repeal of any rule or regulation. (See State Ethics Commission Advisory Opinion No.
95-12 for a discussion of the term practice of law.) Legislative action is broadly defined as
the introduction, sponsorship, consideration, debate, amendment, passage,
defeat, approval, veto, overriding of a veto or any other official action or
nonaction with regard to any bill, resolution, amendment, nomination,
appointment, report, or any other matter pending or proposed in a committee or
in either house of the legislature, or any matter which is within the official
jurisdiction or cognizance of the legislature.
Conn. Gen. Stat. §1-91(j).
As has been the case since the inception of the Codes of
Ethics and the State Ethics Commission, and as is clear even from the very language
of the revised definition of lobbying, lawyers who attempt to affect
legislative action are lobbying and must register if they meet the relevant
threshold. Such lobbying to affect
legislative action includes not only contact with legislators and their staff,
but also contact with executive branch officials and employee meant to
influence their actions with regard to the legislative process.
Similarly, lawyers who attempt to affect an executive branch
agency rule or regulation in the ways enumerated above are lobbying even if
their activities may also be considered the practice of law.
By order of the Commission,
David T. Nassef
Chairperson