Should Tax Evasion Conviction Invalidate Tax Vote?

Filed Under Income Tax, Lake County, Lake County Council, Will Smith Jr, corruption

Lake County Councilman Will Smith, Jr. won’t be removed any time soon — despite being convicted of tax evasion — reports the Northwest Indiana Times.

The Indiana attorney general and Lake County prosecutor said Wednesday they have no legal authority to remove from office a county councilman found guilty of tax fraud.

At least not yet.

Attorney General Steve Carter and Lake County Prosecutor Bernard Carter said a flaw in a 2005 state law intended to force public officials out of office upon criminal convictions keeps them from removing Councilman Will Smith Jr.

But both prosecutors urged Smith, who was found guilty in federal court in September of filing a false tax return, to resign immediately. They also asked Smith’s fellow public officials to censure him.

“Does the (county) council really feel it is necessary for them to continue to allow this individual to serve and continue to use taxpayer funds to support that service? It certainly is legally questionable,” Steve Carter said. Bernard Carter concurred.

Should the fact that a convicted criminal is voting on important matters in Lake County be a legal basis to invalidate all of his votes subsequent to his conviction?

Should Will Smith, Jr.’s vote to impose a new tax burden on Lake County taxpayers be considered invalid in light of Will Smith, Jr.’s conviction for tax evasion?

Is it fair for Lake County taxpayers to have taxation decisions made for them by a convicted tax evader, even if it might or might not be legal for a convicted criminal to vote?

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