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Branch of government and not to the General Assembly of
Maryland, so they have nicely handled that problem. In
order to see to it, however, that there should be some
kind of regulation with respect to the General Assembly of
Maryland, that subcommittee has very wisely suggested that
there be a new rule and that there be a joint committee of
ethics, and who shall be on this joint committee of ethics?
Why the members of the General Assembly, of course, and
who shall decide what is ethical and unethical? The members
of the General Assembly.
I submit to you this is not a very effective
method of policing conflict of interest. As a matter of
fact, this very approach was roundly criticized in an issue;
of the Harvard Law Review where it was pointed out by the
author that just as criminal provisions to check the
legislature placed the initiative in the hands of the
executive and the remedy in those of the judiciary the
implementing mechanism of the Code of Ethics should be
outside the legislature. This is precisely what the
Maryland legislature will not do if it follows the
recommendations of a special subcommittee.