The Time to Go

Neither state nor federal statutes automatically strip a public official of his office after a criminal conviction. Instead he usually resigns. If he does not, he faces the impeachment process; or,' if he is a legislator, he can be expelled' by his colleagues. But when should they vote, when should a convicted official resign? After the jury pronounces its verdict or after the last appeal is exhausted? The troubles of U.S. Appeals Court Judge Otto Kerner and California's Lieutenant Governor Ed Reinecke have given the questions new importance.

Kerner stood down from his judicial duties even before he was tried on charges growing out of race-track kickbacks during his 1961-68 term as Illinois Governor. But he refused to resign. Indeed the House Judiciary Committee in the initial stages of its Nixon study was also thinking about an impeachment of Kerner. Last month, only five days before he went behind bars and one day after his last appeal failed, Kerner finally did resign. In the 14 months since his conviction, Kerner had collected nearly $50,000 in federal pay.

Challenged Status. Reinecke was convicted only three weeks ago on a Watergate-connected perjury charge. He too plans to keep his job. He too is still being paid ($2,916.66 a month). But he plans to do his work as well. "I am the Lieutenant Governor," he said, "and I will be until December 31 [the end of his term] or until all post-trial motions are exhausted and a judgment is entered"--which can come no sooner than Aug. 30. Republican Attorney General Evelle Younger backed Reinecke's view. But he added: "Every significant official act you may perform in the meantime may be challenged in the courts by persons who disagree with our legal conclusions. . . This practical problem should be considered by you."

Last week an attack materialized. People's Lobby, a California citizens' action group, petitioned the state supreme court for the right to challenge Reinecke's status. The question may well be moot before the courts can deal with the basic issues. Meanwhile Reinecke continues at his various jobs, which include voting positions on the University of California board of regents and the state lands commission. Although no serious complications now seem likely, Ronald Reagan's frequent out-of-state speechmaking trips technically shift the governorship to the next in line. After one such recent trip, James R. Mills, the state senate president pro tern, complained, "for the first time in history, no one knew who the Governor was. If Ed Reinecke didn't legally succeed to the powers of the Governor, then I did. No one knew for sure."

This file is automatically generated by a robot program, so viewer discretion is required.