Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, April 23, 1993                   TAG: 9304230258
SECTION: VIRGINIA                    PAGE: B3   EDITION: METRO 
SOURCE: DAVID M. POOLE STAFF WRITER
DATELINE:                                 LENGTH: Medium

EDUCATION SEEN AS CONFLICT LAW REMEDY

Bill Dolan of Arlington noted that some officials can escape prosecution by pleading ignorance of the law.

"Right now, you're making the argument that the dumber you are, the safer you are," Dolan said.

But two Republicans vying for the GOP nomination for attorney general say what is needed is more education, not a change in the law.

Steve Agee and Jim Gilmore say the attorney general should do more to help local officials understand the complicated conflict law.

"The goal should be to see there are fewer errors and fewer violations," said Gilmore, the Henrico County commonwealth's attorney.

The conflict law came under scrutiny last week when a special prosecutor decided not to file criminal charges against Salem Mayor Jim Taliaferro for voting for a 1991 city land deal that benefited his construction company.

The special prosecutor concluded that although a conflict existed, there was no evidence that Taliaferro knew he was violating the law.

The three attorney general hopefuls declined to comment on the Taliaferro case, but they each agreed that the conflict statute carries a higher standard of proof than most criminal statutes.

Under the conflict law, a local elected official cannot be convicted unless the prosecution proves the official "knowingly" broke the law.

Dolan said that standard creates a heavy burden for the prosecution and creates an incentive for local elected officials to remain ignorant of the statute.

"There should be an incentive for them to know the law," Dolan said.

The two Republicans said they would like to review past conflict cases before deciding whether to ask the General Assembly to change the law.

"I think you have to look at a lot of cases to know if it is a problem or not," said Agee, a state delegate from Salem.

Agee and Gilmore both said they would use the attorney general's office to educate local elected officials on their responsibilities under the conflict law.

Gilmore said informational letters from the attorney general and local commonwealth's attorneys could build an "evidentiary record" to contradict attempts by public officials to claim ignorance of the law.

Keywords:
POLITICS