By KATHERINE GREGG
and CYNTHIA NEEDHAM
Journal State House Bureau

Governor Carcieri's latest appointee to the state Ethics Commission, John Lynch, is the brother of freshman Sen. Erin Lynch, D-Warwick and of Bethany Furtado, a Warwick School Committee member.

Lynch, a lawyer, had been recommended for the opening by House Speaker William J. Murphy, D-West Warwick, who said of him: "John Lynch is a well-respected member of the Rhode Island legal community. He will serve our state well as a member of the Ethics Commission and possesses the intestinal fortitude to do what is right and just."

Asked by Political Scene if he had any qualms about appointing the brother of a legislator to the state's Ethics Code enforcement panel, Murphy, through a spokesman, said: "Not at all."

Lynch said he saw no inherent conflict, emphasizing that he would recuse himself from board votes if it became necessary to do. "The same recusal process that applies to any judge would apply to me on the committee," he said. "If there is any appearance of impropriety, or direct conflict, than obviously I would recuse."
Of course, Ethics Commission enforcement of the code against legislators has been on hold -- with the panel not even issuing advisory opinions -- since Superior Court Judge Francis J. Darigan Jr. effectively ruled, in a case involving former Senate President William V. Irons, that the code does not apply to the legislative activities of legislators. The Ethics Commission has appealed that ruling to the Supreme Court.

In the interim, Representatives David Segal and Edith Ajello, both Providence Democrats; and Rodney Driver, D-Richmond, Christopher Fierro, D-Woonsocket, and Brian Newberry, R-North Smithfield, have introduced a bill to give voters a chance to amend the state Constitution to remove any doubt the state Ethics Code applies to "all elected and appointed officials and employees of state and local government."

Segal said the legislation introduced last week sprang from concerns "about what might come to pass'' if the high court upholds Darigan's decision. Left in limbo personally by the Ethics Commission's decision not to issue any advisory opinions to legislators while its powers are in question, Segal said: "I think there are a lot of legislators ... who are trying to do the right thing and are frustrated that the Ethics Commission had to punt on requests for opinions. We understand it is not the fault of the Ethics Commission and would like this decided definitively one way or another.''

But Segal said he will not press for a hearing on the bill unless the Supreme Court appeal "goes other than we hope."