Opinion: Disclosure’s the best policy for gov’t.

Ga. House Speaker Ralston should quickly follow on revising law allowing legislator-lawyers to postpone court cases, citing legislative business.
House Speaker David Ralston received a standing ovation Monday after addressing accusations that he has abused his authority. Several Republican lawmakers signed onto a resolution last week calling for Ralston to resign as head of the state House over his use of power to delay cases of defendants accused of crimes. Bob Andres / bandres@ajc.com

House Speaker David Ralston received a standing ovation Monday after addressing accusations that he has abused his authority. Several Republican lawmakers signed onto a resolution last week calling for Ralston to resign as head of the state House over his use of power to delay cases of defendants accused of crimes. Bob Andres / bandres@ajc.com

The late U.S. Supreme Court Justice Louis D. Brandeis once remarked that “Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants … .”

That advice should guide the Georgia General Assembly as it faces the aftermath of this newspaper’s reporting into House Speaker David Ralston’s past use of a legal tactic that’s resulted in lengthy delays to serious criminal cases.

The Republican from Blue Ridge’s 57 requests to reschedule court proceedings over a two-year period were legal, but it seems reasonable to believe as well that his use of the practice strains both the limits of appropriate behavior and the need to do right by those who assert they’re victims of criminal defendants that Ralston signed on to represent.

There’s truth to the old saying that justice delayed can turn into justice denied as witness memories fade, people move away, law enforcement officers retire, etc.

A joint investigation by The Atlanta Journal-Constitution and Channel 2 Action News found actions that make it fair to question the effect of Ralston’s usage of legal delays permitted because of his holding public office. As a story Feb. 17 reported, “By doing no more than writing letters to judges declaring that court dates interfere with his lawmaking duties, he has been able to keep cases perpetually off the docket.” The cases in question involve clients accused of crimes such as child molestation, child cruelty, assault and terroristic threats.

After the stories brought the matter to the public’s attention, even a few Republican lawmakers expressed outrage and urged Ralston to resign from his influential post. Although his powerful role likely remains secure, if somewhat tarnished for now, Ralston last week took to the House floor and in an unusual address ordered a review of the state law that allows lawmakers to request court case delays. In his speech, Ralston also forcefully denied abusing that law for the benefit of his legal clients.

Ralston did acknowledge – correctly, we believe – that many Georgians question his past actions. “I have an obligation, not to dismiss their concerns, but to be mindful that the consent of the governed is a vital block in the foundation of our government,” he said during his remarks. This shows a pragmatic self-awareness that should serve him – and Georgia – well in moving forward.

Before and since the stories appeared on his activities, Ralston has declined multiple requests to speak with the reporters who conducted this investigation for the newspaper. His office did approach the AJC’s Editorial Board to offer his viewpoint in an opinion column. It appears on this page today.

In his speech, Ralston told lawmakers that he plans to quickly create a bipartisan panel of legislators, judges, lawyers and civic leaders to look into changing the law, which dates to 1905 and was expanded in 2006.

That could be a start for fixing this problem, but only if it is done with fidelity and a sincere intention to improve a practice that now has some doubting the integrity of their government officials. What must not happen is the time-honored tactic of creating a committee whose net effect is to merely stall for time until a political firestorm burns out.

Instead, tough lessons should be learned and absorbed here. And substantive change must result.

Improving public disclosure should be at the heart of fixing this affair. Mandating timely disclosure of lawmakers seeking legal delays, the reasons why they were sought, and in which criminal cases, would be good starting points to improve matters. A centralized repository for these reports should also be established to create real transparency. As it stands now, people seeking this information may have to search records of multiple court jurisdictions around Georgia. Another good thought is that penalties for non-compliance of enhanced disclosure rules should be sufficient to keep that from ever becoming an issue.

Georgia’s not alone in questions raised over legislators’ use of delays in court proceedings. Other states have wrestled with this matter. Given the complexities of law and lawmaking, making substantive fixes seems to have proved easier said than done. Yet, some headway has been made elsewhere. Texas, for example, requires state legislators to file detailed disclosures of all so-called legislative continuances that they seek.

Strengthening required disclosures of legal continuances sought by lawyers who’re also lawmakers will hopefully prevent future instances like that which has embroiled Ralston.

Robust disclosure rules will also help bolster citizen confidence in government, which is no small task these days. Ralston, to his credit, seems to realize that current practices, while legal, have raised questions of trust in government’s processes.

We’d be remiss here if we did not note Speaker Ralston’s critical role at the Gold Dome. While seen as a tough negotiator in the political process, time and again he has proved to be a wise and sober guardian of the people’s business at the Capitol. He’s stepped in at key times to demand the wisdom, justice and moderation that is this state’s motto. That was no small lift at points where playing politics threatened to overshadow, or even derail, good governance for the benefit of Georgia, its people and our economy.

There is a nascent movement afoot to force his resignation, even as key power brokers and those who might seemingly stand to gain from Ralston’s ouster have, so far, remained silent. Given the newness of many in elected state office now, that silence suggests belief that Ralston’s experience and temperament is a good thing to keep in the Speaker’s chair for now. There’s merit in that viewpoint, we believe.

Most importantly, a sincere willingness by Ralston to pursue a needed update of the applicable state law here can begin pointing Georgia toward a needed corrective course. He should use his influence and insight to see that process fully through to a good revision of the law that lands on the governor’s desk soon.