One month ago, Lake County Councilman Will Smith Jr. was found guilty by a jury of his peers.
The jury found Smith guilty on a felony tax evasion charge, but Smith still serves on the County Council. How can that be?
That question is even more compelling in light of a 2005 state law that requires public officials be removed from office upon conviction of a felony.
Indiana law had to be changed to require public officials be removed from office upon conviction, rather than sentencing, after East Chicago Councilmen Joe De La Cruz and Frank Kollintzas refused to resign before being sentenced. Kollintzas is doubly disgraceful, having skipped town before being sentenced. Believed to be in Greece, he has not yet been captured.
Sen. Frank Mrvan, D-Hammond, authored that important reform.
Lake County Council Attorney Ray Szarmach said just after Smith's conviction that it might be possible for Smith to stay in office until the judge decides whether to accept the jury's recommendation.
It shouldn't have taken him long to do his research. Here's a tip: Go to Indiana Code 5-8-1-37, which deals with this issue.
Smith, having failed to do the honorable thing and resign from office, should not escape the attention of Lake County Prosecutor Bernard Carter and Indiana Attorney General Steve Carter. They must sort this out.
If the Carters agree the law is clear enough to force Smith's removal from office immediately -- as in a month ago -- the Carters need to enforce the law immediately. Don't forget to address the issue of pay he shouldn't have received in the meantime.
And if they determine the law still isn't clear enough, they must loudly wail about that fact and make sure state law becomes crystal clear in the next legislative session.
This travesty against decency, honesty and justice must not be allowed to continue.
Lake County's citizens don't deserve to be represented by crooks.
Look it up online
To read Indiana Code 5-8-1-37, visit http://tinyurl.com/366bjs
Your opinion, please
Should Lake County Councilman Will Smith Jr. remain in office now that he has been convicted of a felony?
