Va. Bar Could Reverse Limits On Firms Hiring Legislators

McCauley said the bar is seeking public comment on the rule change and could back off if the response is uniformly negative. But his organization has already begun advising law firms that they can hire sitting lawmakers even if they have lobbyists who engage in activity in Richmond's capital.

In a Feb. 6 letter, assistant ethics counsel Leslie A.T. Haley wrote to a senior partner at Deeds' firm, advising him to refer to the proposed rule.

"The analysis in LEO 1829 . . . seem to provide the guidance you need," Haley wrote to James L. Weinberg. "Please review the referenced opinions for guidance on this issue."

Deeds said he joined the firm in October with the understanding that a request would be made to the state bar about the rule. But he said he expects no difference in his approach toward conflicts or other ethical issues that might arise.

"You have to avoid the appearance of impropriety anyway," Deeds said. "The burden is always on the individual. Either he is ethical or he is not."

But that's exactly what worries ethics experts and some Virginia lawmakers.

Leah Rush, a state legal specialist with the Center for Public Integrity, said the Virginia Bar's existing rule about lawmakers and lobbyists is an admirable one that goes beyond what other states have done.

"It makes sense and it's very admirable that the state bar would try to promote a clear separation of duties to clearly avoid conflicts of interest," she said. "Rolling back any provisions that have been in place kind of raises the red flag."

Sen. Thomas K. Norment Jr. (R-James City), a lawyer whose firm does not lobby the General Assembly in part because of his presence, said he opposes the bar's efforts to change the rule.

"I absolutely would oppose it unequivocally," Norment said. "I hate to be trite, but this is a slippery slope with olive oil on it."

Hogan and other lawmakers raised the possibility of legislation to block the change if it goes into effect after a public comment period ends in April.

"This is very shocking," said Sen. Ken Cuccinelli II (R-Fairfax). Del. Brian J. Moran (D-Alexandria) said the change would taint all members of the legislature in both parties.

"I think they should reconsider," Moran said. "It would damage all of us in the legislature to have that potential stink or conflict."

Staff writer John Wagner contributed to this report.