The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 5520

July 9, 1979

LEGISLATURE:

Physician serving in

CONFLICT OF INTEREST:

Physician serving as member of legislature

PHYSICIANS AND SURGEONS:

Serving as member of legislature

A physician is not barred from serving in the Legislature and is not precluded from voting on any matter before the Legislature.

Honorable John Kelsey

State Representative

The Capitol

Lansing, Michigan 48909

You have requested my opinion on the following question:

Is it a conflict of interest for the Chairman of the Senate Committee on Health and Social Services, who is a physician, to vote on legislation concerning Laetrile when many of his professional colleagues have officially opposed its legalization?

The Constitution of 1963 contains no prohibition as to members of the Legislature serving in any profession. While Const 1963, art 4, Sec. 10 prohibits conflicts of interest on the part of any legislator in any contract with the state or any of its political subdivisions, no contract is involved in your inquiry.

OAG, 1965-1966, No 4522, p 239 (March 16, 1966), stated that a member of the legal profession was not precluded from serving as a member of the Legislature solely on the ground that as an attorney he or she is an officer of the court within the judicial branch of state government. The opinion further held that such a legislator may vote on matters before the Legislature involving the judicial branch.

It is, therefore, my opinion that a physician is not barred from serving in the Legislature and is not precluded from voting on any matter before the Legislature.

Frank J. Kelley

Attorney General