Republicans Defend Panel’s Hiring of Law Firm

The Republican-controlled Assembly Rules Committee has hired a blue-chip San Francisco law firm to advise it on a variety of topics, including sensitive employment matters, even though the firm also lobbies on behalf of such powerful interests as the oil and timber industries.

As one of its first acts earlier this month, the Rules Committee committed $25,000 to hire Pillsbury, Madison & Sutro. “Our concern was to bring in counsel that reflected the point of view of this body . . . [and hire them] on a temporary basis,” said Assembly Speaker Curt Pringle (R-Garden Grove). In a letter to Pringle, the law firm apparently sought to head off criticism that it would have a conflict of interest.

“Because of the fact that our firm is a lobbying firm, we will not provide legal counsel to the committee on any matter relating to the merits of any pending bills,” said Pillsbury’s Frederick K. Lowell in the Jan. 8 letter obtained under the Legislative Open Records Act.

But that did not satisfy Democrats.

“I think it’s indicative of the new special interest influence in this house under Republican control,” said Assembly Democratic Leader Richard Katz of Sylmar. “It raises ethical as well as legal questions.”

Republicans say that after 25 years of Democratic control, they wanted to bring in their own legal advisors to provide a fresh view on the way the Assembly conducts its housekeeping.

Central to the criticism of the contract is whether Pillsbury gains special access to secret legislative proceedings that will help it advance legislation for its private lobbying clients.

Assemblywoman Marilyn C. Brewer (R-Irvine) sees no conflict, saying she believes that the lobbying and lawyering functions are dealt with by different divisions within Pillsbury.

But Katz said Pillsbury is advising the committee about sensitive issues such as lawmakers’ office budgets and the legality of official actions. “And they also lobby on behalf of special interest groups. It has a huge potential for abuse,” Katz said.

One of Pillsbury’s first jobs was to look at employment issues in the Assembly, where Democratic staffers are poised to receive dismissal notices as the new GOP majority takes charge.

Jim Richardson, the Rules Committee’s new administrative officer, said Pillsbury is updating the Assembly’s employee manual, which spells out policy on everything from sexual harassment and immigration to hiring and firing.

Richardson said that with 500 lawyers, Pillsbury “can provide anything” that the Assembly might need in terms of expertise. He described the decision to hire the multi-service firm as a “stopgap” as Republicans take over the lower house’s administration.

Pillsbury’s Lowell emphasized the nonpartisan cast of his firm, saying that both Republican and Democratic lawyers would offer advice to the Assembly at rates ranging from $120 to $300 per hour. He said that only 13 of the firm’s attorneys are registered as lobbyists.

“We’re a big law firm. We’re bipartisan. . . . We don’t have any partisan ax to grind,” Lowell said.

The firm, which reported $209,000 in lobbying payments during the first six months of 1995, represents clients such as Chevron Corp., the Western States Petroleum Assn. and Pacific Telesis.

Among the issues that it has lobbied on in recent years are reform of the state’s environmental laws, proposals on timber productivity and wireless communications.

Lowell downplayed the extent of Pillsbury’s lobbying activity, saying much of it is with state regulatory agencies such as the Public Utilities Commission, not the Legislature.

Lawmakers can solicit legal advice from several sources: the Legislative Counsel, the Rules Committee attorney or outside law firms such as Pillsbury.

Pringle and his aides said that Legislative Counsel Bion Gregory is too busy this time of year handling a flood of bills and that Rules Committee lawyer Nina Ryan, appointed during the regime of former Speaker Willie Brown, is too close to Democrats.

Pringle said that Ryan was “hired by the Democrats” and that she “had a direct relationship to Democratic members.” The speaker said Ryan, a longtime friend of Brown, is finishing “some projects she’s working on.”

The committee voted 6 to 1 to hire Pillsbury. One Democrat sided with the Republicans, one was opposed, and two abstained.

Joseph Remcho, an attorney who was often hired by the Assembly in Brown’s heyday, said it was appropriate for Pringle to have a legal advisor in whom he has confidence.

While not saying Pillsbury has a conflict, Remcho said, “Our firm has always declined to do any lobbying because we represented the Assembly.”