What about that second job?

• Author: Birdsong, Nicholas
• Position: YES, NO, MAYBE SO / ETHICS 101

An NCSL colleague told me a while back about using a ride-hailing service and running into a legislator--who was driving the car.

While it was apparently a shock at the time, that official was far from unique in having to work a second job. Being a state legislator is not particularly lucrative. According to NCSL research, average annual salaries in 2017 were around $34,000, or about $21,000 less than the national median household income.

A few states pay generously, but mostly these are full-time legislatures in areas with a high cost of living. Twenty states pay $25,000 or less and are out of session for at least a third of the year.

Public officials who represent districts far from state capitols often face even more substantial financial barriers in the form of lengthy travel times or the need to rent less remote apartments during session.

Without great personal wealth, passive income sources or generous spouses, more than a few legislators will have to work a second job. But this practical need can conflict with ethics rules.

Dual-office holding laws prevent legislators from holding more than one elected or appointed office at the same time. The rule originated from the English common law doctrine of incompatibility, which forbids a public official from occupying multiple roles in government that have potentially conflicting duties.

A defense attorney cannot also act as a prosecutor or judge because each role serves a distinct purpose. The effectiveness of the judicial system, like that of the government generally, depends on the tension between different figures.

Dual-employment laws, limits on representing others before the state and conflict of interest prohibitions similarly aim to preserve separation between potentially incompatible roles. All these rules vary by state. Some, for example, allow legislators to hold multiple state or local offices so long as no conflict exists between the positions. Others prohibit legislators...