Posted on: Wednesday, July 11, 2001

Editorial
... and a legal anomaly

While it is too late to affect the case involving Councilman Mirikitani, the Legislature next year should rethink the section of the law having to do with incumbents who become felons.

Today's law requires that incumbent to step down at the time he or she becomes a convicted felon. And that point, under well-established law that applies to everyone, is when the person is sentenced, not when he is found guilty by judge or jury.

Thus Mirikitani is not yet a "convicted felon" and is legally able to hold on to his office at least until sentencing, now set for Dec. 4.

Lawmakers might want to rethink this. They could pass a law requiring incumbents to step down at the time they are found guilty of a felony by judge or jury. True, the verdict could be reversed, either prior to sentencing or upon appeal.

If that happens, then the person could be restored to office with back pay. In fact, that is how the law works today. It says that if an elected official wins a reversal of a felony conviction, he or she is entitled to be restored to office with back pay.

That rule could remain in place, but the requirement for stepping aside would be triggered much earlier in the going, saving the legislative body and the affected district from many months of uncertainty.