Carters can't tackle Smith, for now

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BY BILL DOLAN
bdolan@nwitimes.com
219.662.5328 | Thursday, November 29, 2007 | (10 comment(s))

CROWN POINT | The Indiana attorney general and Lake County prosecutor said Wednesday they have no legal authority to remove from office a county councilman found guilty of tax fraud.

At least not yet.

Attorney General Steve Carter and Lake County Prosecutor Bernard Carter said a flaw in a 2005 state law intended to force public officials out of office upon criminal convictions keeps them from removing Councilman Will Smith Jr.

But both prosecutors urged Smith, who was found guilty in federal court in September of filing a false tax return, to resign immediately. They also asked Smith's fellow public officials to censure him.

"Does the (county) council really feel it is necessary for them to continue to allow this individual to serve and continue to use taxpayer funds to support that service? It certainly is legally questionable," Steve Carter said. Bernard Carter concurred.

Steve Carter said he won't question the validity of any of the council acts since Smith's conviction -- particularly his crucial vote Monday to enact a county income tax -- but said others should.

"It is certainly a question the council should be thinking about," Steve Carter said.

Smith couldn't be reached Wednesday afternoon for comment. He is scheduled to be sentenced Jan. 9.

Steve Carter said he sought legislation in 2005 to force a public official out immediately after a guilty plea or verdict because he was shocked by East Chicago officials who remained in office after they were found guilty of misappropriation of money in the sidewalks-for-votes scandal.

The attorney general said such a law passed, but its effect was unintentionally nullified by another bill that retained the older rule of leaving a convicted public official in office until sentencing.

Council President Elsie Franklin, D-Gary, said she cannot afford to lose Smith.

"I need his expertise and dedication," she said.

She said the County Council's attorney, Ray Szarmach, assured her there is no legal basis to challenge Smith's votes.

Councilman Ted Bilski, D-Hobart, said the moral authority for censuring Smith rests with his constituents.

"It's the people who elect officials, not other officials," Bilski said.

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Former Merrillville resident wrote on Nov 29, 2007 11:15 PM:

" Until the fine folks in north Lake County realize they feed this behavior by blindly voting Democratic, for any trough dweller put up for office by the party, nothing will ever change. It doesn't matter if the challenger is Republican, Independent or __________ fill in the blank. Change comes at the polls. Think back a few years, Indiana's law tossing our convicted felons was a result of NWI politics. "

Outraged Brickie wrote on Nov 29, 2007 9:23 PM:

" Well Ted Bilski...I am from Hobart and I will actively campaign to get your ignorant seat cushion of a brain out of office. Don't hide you coward. "

Scary wrote on Nov 29, 2007 4:01 PM:

" This women ( Ms. Franklin) is PRESIDENT of the Lake County Council! She is supporting a CONVICTED FELON! How Pathetic is that! "

IRONY wrote on Nov 29, 2007 10:48 AM:

" How ironic that Smith is convicted for failing to pay his taxes but now he wants to pass a law making us pay more taxes when he won't be paying taxes because he is in prison. "

expertist wrote on Nov 29, 2007 8:25 AM:

" Ms. Franklin, what will you do;when he has to leave for possibly one year? If he is this critical to you, then maybe you are not qualified. huh "

P Miller wrote on Nov 29, 2007 8:09 AM:

" So does this mean that Smith can keep his seat on the council until he is voted out of office by his constituents? Well since we seem to keep electing the same people to office, I guess he'll be conducting county business from behind jail bars. "

Did ANYONE? wrote on Nov 29, 2007 8:04 AM:

" Did Anyone really expect convicted felon Smith to be removed?...I didn't....our prosecutors can't even put Jojuana Meeks in jail....she still walks the streets "

In office... wrote on Nov 29, 2007 7:06 AM:

" Elise Franklin's quote " Councilman Smith's expertise on the tax issue..." Wake up Elise he is guilty of TAX FRAUD. I don't consider that being an expert on taxes. This is a joke that he is allowed to have a say and that people are supporting him. "

In Office until sentencing... wrote on Nov 29, 2007 5:20 AM:

" Oh who's bright idea was that? They should be run out of town on a rail! Elsie Franklin's comment of how she couldn't afford to loose Smith because she needed his expertise and dedication is INSULTING to the tax payers of Lake County!!! "

Where's the outrage Frank Mrvan and Chet Dobis?? wrote on Nov 29, 2007 4:37 AM:

" Mrvan postured about how people like this didn't deserve to be in office, "My intent (for the law) is that anyone in government who cheats the people doesn't deserve to be in government." Or was your introduction of that law simply a favor to your colleague Dobis who had nearly been beaten by Dave Uzelac? Yet today not one peep out of our two more senior citizens in the legislature. It's high time for you BOTH to go to your retirement homes - and Mrvan, don't even think of putting your little boy in your place. It won't work!! "

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