March 28, 2012
Our View: Minnesota can do better to fight corruption
— Could it be that Minnesota’s history as a state generally free of corruption has increased its susceptibility for corruption?
The case can be made from a study that gives Minnesota a D-plus grade for the potential for government corruption. Because Minnesota’s history of political shenanigans is not as “rich” as some other states, some say the state has been lax in passing new and needed anti-corruption laws.
The study, released by the Center for Public Integrity, Public Radio International and Global Integrity, isn’t all bad for the Land of 10,000 Lakes. Our ranking puts us, not on the extreme end, but right in the middle among the states — 25th out of 50. Still, D-plus is not good.
It will seem ironic to some that New Jersey, a state with a well-detailed history of political corruption, ranks No. 1 among states rated least corruptible, with a solid B-plus. Why? In large part, because New Jersey has passed a string of new laws to guard against future abuses.
Eight states have “F” grades — Michigan, North Dakota, South Carolina, Maine, Virginia, Wyoming, South Dakota and Georgia.
As for Minnesota, Larry Jacobs, director of the Center for the Study of Politics and Governance at the University of Minnesota, has remarked, “The real battle today is over an avalanche of money into politics and the disclosure requirements in Minnesota are just no longer sufficient.”
Money is always an issue in the fight against corruption. But it’s not just about disclosure requirements. The study says besides a lack of campaign finance oversight, Minnesota suffers from a deficiency in legislative openness, underfunded government watchdog organizations and insufficient consequences for ethics violations in the Legislature.
These charges are not just made off-hand. There are recent examples — one, last summer’s government shutdown, where efforts at an eventual deal to end the shutdown resulted in numerous details that became surprises. Lawmakers decided they could finish their business better with closed-door negotiations, but they sacrificed openness and accountability in the process.
Others have pointed to the state’s politicized election process for judges.
Financial disclosure rules for state lawmakers are particularly egregious, according to the study’s authors, because it ranks Minnesota 40th in the nation, with an “F” grade. There is oversight, but audits rarely occur — in part, because the Campaign Finance and Public Disclosure Board lacks adequate resources.
When looking at Minnesota’s potential for corruption overall, it appears as if the glass is half-full. But that means it’s half-empty. For instance, the state has lived with generally strict ethics rules since 1994, but consequences for violations are often weak. There is no enforcement agency and no proscribed penalties, leading one observer to remark, “It is kind of like an honor system among a group of people who are not necessarily those who voters trust the most.”
Keeping Minnesota from falling into the bottom half of the corruption study is the fact that the Office of the Legislative Auditor is generally looked upon as fair, non-partisan and willing to act. We also have a strong open records law.
But the corruptibility study reminds us that we can, and should, do better. It does us no good to rest on our laurels, and certainly not in a political atmosphere where contentions between political parties seems to be increasing.
Clean government is not, like the arrival of spring, automatic. Unless strong systems are in place, unless watchdog organizations are adequately funded, and unless voters demand more, problems remain out there waiting to happen.
Judicial Accountability
April 2, 2012
the MN legislature has in fact allowed its judiciary to create a system that is free from accountability and therefore insures corruption. judges have put in place 2 rules to insure they are above the law: 1) judges have created a law that makes them immune from lawsuits EVEN IF THEY KNOWINGLY REFUSE TO FOLLOW THE LAW OR NEGLIGENTLY FAIL TO APPLY THE LAW. any other professional can be sued of they knowingly or neligently perform their job function and harm you–but judges have put themselves above that. they will sit and hear cases involving any other professional–but not their own. 2) judges have set a standard of review that is so easy to meet, it’s made the appellate court process meaningless, a joke. the ‘abuse of discretion’ standard they created essentlally means the appellate court must rubber stamp the district court decisions. the role of judges is to interpret and apply law, they are stepping way outside their bounds when they create law–especially when they create law that intrinsically eviscerates accountability. the legislature MUST act. they must pass laws that eradicate these judge made laws–they must pass laws that leave judges accountable, and open to being sued for civil damages when they knowingly or negligently fail to apply the law and harm people. they must pass laws that set a meaningful standard of review. the MN legislature is just as guilty when they let judges get away with creating these rules and shirking the laws.
Concerned in Carver County
April 2, 2012
Absolutely!
Bonnie
April 3, 2012
Well said! In many of our horror stories.. the judges did EXACTLY just that, made their own laws- totally ignored state laws- didn’t consider what the end results of their rulings were, how would it devistate the lives of the families he/she ruled against! Many of our cases, mother’s lost their children to an abuser! Judges totally IGNORED state laws/statues when calculating child support and came up with some random number for this figure. In my case I lost my health insurance that was critical in my situation (my ex husband carried our family insurance) he got everything, I ended up homeless, accumulated extensive bills, and now I go back to the courtroom on April 19th, after 4 months of attempting to go back to the courtroom, and my exhusband’s attorney avoiding, once again CRITICAL issues! This system is a nightmare and we need ACCOUNTABILITY! In Lea’s case, how ANYONE, could rule against her and having rights to mother her children, when there is no wrongdoing on her part… money played the factor here in many many ways! THIS NEEDS TO END!!!!
Bonnie
April 3, 2012
Anyone who has NOT signed Lea’s petition, our goal is 1000 signatures. Any questions regarding this, please post. This will be going to legislators and other critical organizations that will step in, this IS NOT OK what has happened here, and anyone can be supportive of our efforts to bring Lea’s children home to her!
Jenn
April 4, 2012
Where does one access Lea’s petition?
ncpp
April 4, 2012
http://www.change.org/petitions/carver-county-mn-judge-perkins-cps-allow-the-banken-children-to-see-their-mother-by-mothers-day-may-13-2012?share_id=HsdxQOViVZ&utm_medium=facebook&utm_source=share_petition&utm_term=autopublish
Most signatures were given by hand at the benefit last week and many political and other meetings in the past few weeks…. we are near goal. Thank you for your signature!