By Steve Brawner, © 2018 by Steve Brawner Communications, Inc.

“Ninety-nine percent of this body are good, honest people,” said Sen. Bill Sample, R-Hot Springs, and I think his estimate is not far-fetched. But only 97 percent of the members of the 2013-14 Arkansas Legislature are not going to prison, and that percentage could shrink before all is said and done.

Sample, who was quoted in the Democrat-Gazette, was responding to the latest news to come from federal authorities’ corruption investigation. In federal court June 7, lobbyist Rusty Cranford pleaded guilty to bribery charges regarding two former legislators who themselves have pleaded or been found guilty, former Sens. Jon Woods, R-Springdale, and Hank Wilkins, D-Pine Bluff.

Those two are awaiting sentencing along with two others from that 2013-14 session, former Sen. Jake Files, R-Fort Smith, and former Rep. Micah Neal, R-Springdale. A fifth ex-legislator, Rep. Eddie Cooper, D-Melbourne, who served from 2005 to the beginning of 2011, has also pleaded guilty to financial wrongdoings. All of it is related to the state’s General Improvement Fund, a grant program directing state dollars to specific local projects at the behest of individual legislators.

None of that is news. The news was that Cranford told the court that another legislator had accepted $500,000 in bribes. 

In the statement, he referred to that legislator as “Senator A,” but two and two are easy to put together based on the other information Cranford provided. It’s Sen. Jeremy Hutchinson, R-Little Rock, nephew of Gov. Asa Hutchinson and cousin of Sen. Jim Hendren, R-Gravette. Hendren soon will be Senate president pro tempore, the top-ranking senator.

It’s important to emphasize that, so far, Sen. Hutchinson hasn’t been accused of anything by anybody except Cranford, a crooked lobbyist trying to reduce his own sentence. Hutchinson says he is innocent. The criminal justice system agrees until he’s proven otherwise.

But the court of public opinion renders verdicts much more swiftly, and this drip-drip-drip of accusations and convictions reflects upon the entire Legislature. That’s why Sample said Hutchinson, who is not running for re-election this year, should resign.

Ethics proposal

A few other legislators have said the same, but most have not. Instead, Hendren led a bipartisan group of eight senators in a press conference Thursday that released a draft of proposed Senate ethics rules. The rules – which amend the current rules – say senators could not accept outside benefits for public duties, accept compensation or employment that could impair their independent judgment, or get a sweetheart deal from a lobbyist or entity that does business with the state. If voting on legislation could affect their finances, they would be expected to disclose it. A new five-member ethics committee would investigate possible violations.

It’s a good faith effort, but it would depend on senators following the rules and reporting their own finances and, when necessary, publicly accusing their fellow senators before that ethics committee. That’s a tough ask in a body composed of 35 members who are mostly friendly with each other.

Three more important realities aren’t changing. One, being a legislator is a part-time position, and most legislators have other jobs that will be affected somehow, some way by legislation. Two, legislators will always have access to other people’s money and to inside information. And three, people are people. The rules can set guidelines, reduce temptations, create a process for determining violations, and punish wrongdoing. But ultimately, you can’t have an honest government unless people make honest decisions.

One more thing to point out: According to the Bureau of Justice Statistics, as of Dec. 31, 2016, about 6.6 million Americans were in prison, on probation or parole, or otherwise being supervised by adult correctional systems. That’s about 2.6 percent of the roughly 250 million Americans over age 18.

In other words, the percentage of the 2013-14 Arkansas Legislature involved in the correctional system will be about the same as the general population, once those legislators found guilty are sentenced. That’s if no other legislators are found guilty.

Still, I would echo Sample about the other 97 percent being basically decent people, among both groups. And also some of the other 3 percent.