Sussex official defends approach to conflict-of-interest form

The following letter is in response to discussion about conflicts of interest at Sussex County’s Feb. 28 meeting. 

The Sussex County Board of Adjustment is a quasi-judicial body. This means that our board resembles a court and our members resemble judges. We are the body that closest resembles the judicial branch for county government. As such, it is important that the public trusts us to act with judicial independence. It is not our job to write land-use policy. It is only our job to interpret the code, apply the code to each case and, in the words of Chief Justice Roberts, to "call balls and strikes." This is especially true when parties come before us appealing the decisions made by county administrators. Earlier this year, county administrators asked us to fill out a conflict-of-interest form that in my judgment blurred the lines of our judicial independence and added to the public perception that we are not independent from county administration. I filled out the form, albeit not in the way that they would have liked me to answer it. And I sent a letter with the form expressing my concern about judicial independence. On Feb. 28, county council discussed the fact that I sent a letter and the way that I filled out the form. One of the county council members expressed his desire to remove me from the board of adjustment. He asked that an ordinance be drafted that would give the county council the ability to remove me from my position as a quasi-judicial officer. That proposed ordinance is on the agenda for Tuesday, March 7.

Unfortunately, county staff made some confusing and conflicting statements regarding my form. The facts are that I did answer the questions on the form and I did sign it. However, I did not answer the questions the way they intended using yes and no check boxes. My answers to the questions were still clear on the form. I had no conflicts to report. I made the decision to answer the questions with my own statement rather than the dichotomous yes or no because, in my judgment, it was the best way to preserve my independence along with my letter. It is also true that no one from the county government contacted me to ask me about my form or requested that I use their check boxes. At no point did anyone express any concern to me about the way I filled out the form.

It is clear to me that my letter struck a nerve. This desire to remove me is clearly not the result of which boxes I checked or did not check on a form. I asserted my judicial independence as a quasi-judicial officer, and the response is to remove me from office. Judicial independence is the bedrock of our legal system. Let me be crystal clear. I would rather be removed from this board 1,000 times than surrender to political pressure and give up my independence.