The Honorable Andy Dillon

Speaker of the House

State Capitol

P.O. Box 30014

Lansing, MI 48909

Dear Speaker Dillon:

I am writing to express concern that House Appropriations Committee Chair George Cushingberry, Jr. may face a potentially serious conflict of interest.

Rep. Cushingberry is charged with two felony counts of filing a false election affidavit. Each count carries a prison sentence of up to five years. In fact, he is currently awaiting his trial before the Ingham County Circuit Court.

Yet Rep. Cushingberry, in his capacity as committee chair, controls the fate of the very institutions that are essential to his trial. He controls the budgets of the attorney general, which is prosecuting his case; the judiciary, which oversees his case and the Department of Corrections, which, if he is convicted, may oversee his incarceration.

It is not known whether Rep. Cushingberry has used his position to pressure any of the above departments or institutions.  Yet, since he does control whether these departments will receive funding this year, you may determine that it is improper--or, at a minimum, appears improper--for a person whose future will, in large measure, be determined by the actions of the attorney general, members of the judiciary, and, possibly, the Department of Corrections.

Recently, the House passed several bills that prohibit a conflict of interest.  The House Floor leader, Steve Tobocman, stated just last week:

"We are beginning a new era in the Michigan House of Representatives by holding our members to the highest ethical standards. The people of Michigan have spoken loud and clear. They refuse to tolerate a culture of corruption. House Democrats respect what our residents have to say, and we responded to it by strengthening our ethics policies in the House."

Given the emphasis you and your caucus have put on cleaning up government, you may wish to determine if Rep. Cushingberry's position as defendant and appropriator is consistent with the letter--and the spirit--of the law, the Constitution, and the State Bar Ethics Opinions.   After all, the people have spoken and they refuse to tolerate a culture of corruption.

Sincerely,

JEFF TIMMER

Executive Director, Michigan Republican Party