Legal opinion says Senator can’t hold second public office

Oilouch however said the Senate legal counsel has cleared him of any conflict of interest in rendering service to the state governments.

The issue of members of the Olbiil Era Kelulau who were also practicing attorneys was also brought up as early as the First OEK.

The 1981 legal opinion stated, “a senator who also is an attorney does not hold a second public office as term is defined in Sec. 10 of Article IX of the Constitution of the Palau and therefore, he may represent any private client with or without compensation, provided that the representation of any public body or persons whose legal fees are paid with public funds. This bar extends to representation of any public bodies without compensation, but not of indigent pursuant to court order.”

The president said that the provision of the Constitution has remained the same.

“If a senator presently and during his current term has received compensation for representing public bodies or persons and his legal fees are being paid with public funds, remaining question is: Should he be required to reimburse the public,” he cited in his letter.

Oilouch stated that his practice is not violative of Sec. 10 of Article IX of the Constitution thus there is nothing unethical in the legal counsel work he is doing for state governments

Oiluch said this in response to Toribiong’s allegation that it is unethical for Sen. Oilouch to be approving the national budget when he is serving as legal counsel for Airai, Ngchesar, Kayangel and Ngarchelong States.

Oilouch said he is not violating any law.

The president in his letter to Tmetuchl however did not state what action he wants taken against Oilouch.

The letter stated instead that the legal opinion should put to rest “the contention that a senator may continue to represent several state governments or continue to receive his compensation from public funds during his term of office.”

 

 

 

 

//

Visited 6 times, 1 visit(s) today

Weekly Poll

Latest E-edition

Please login to access your e-Edition.

+