Proposal would overhaul Illinois ethics oversight with independent commission
(The Center Square) – A proposal to overhaul Illinois’ ethics oversight system would consolidate existing inspector general and ethics functions into a single independent commission with expanded investigative powers, including the authority to subpoena documents and compel testimony.
The proposal comes as Illinois prepares for a new legislative inspector general following Michael McCuskey’s planned departure. McCuskey’s resignation, effective Sept. 30, has renewed scrutiny of the position and the state’s broader ethics oversight system.
Independent gubernatorial candidate Collin Corbett, who developed the proposal, said the vacancy presents an opportunity to address what he describes as structural problems with the state’s ethics system rather than simply replacing one official.
“It’s not enough just to replace the LIG,” Corbett said. “We need to completely overhaul our broken ethics system in the state.”
Illinois currently has a legislative inspector general, a legislative ethics commission and separate executive inspectors general.
The proposed system would create a nine-member independent ethics commission to oversee ethics investigations and inspectors general.
Corbett said the key change would be shifting oversight away from politicians and giving investigators greater independence.
“The problem is the structure of, whether it’s the LIG or any of these other ethics officers, it’s the structure in Illinois that frankly gives them almost no control and no ability to investigate lawmakers even when they suspect them of wrongdoing,” he said.
The commission and its investigators would have full statutory subpoena power, allowing them to compel documents and testimony from state officials, including the governor, legislators, constitutional officers and their staffs.
The commission also would be able to pursue penalties, recommend removal from office and refer potential criminal matters to prosecutors.
Corbett said the system should focus not only on ethical misconduct but also on government waste, fraud and abuse.
“These are very important positions,” he said. “And even if people aren’t as concerned about ethics like they should be, I know we’re all concerned about how our tax dollars are spent by government.”
The proposal would not completely remove elected officials from the appointment process. Instead, Corbett said nominees would be vetted by the Illinois Supreme Court and state judges before lawmakers make the final selections.
“The only way that this would pass constitutional muster and be allowed by the courts is if the lawmakers still ultimately make the choices,” Corbett said.
Under the proposed structure, lawmakers would retain the authority to select commission members, but those nominees would first undergo judicial vetting.
Once appointed, commissioners would answer to the independent commission rather than political leaders and would operate with an independent budget.
The commission itself would select inspectors general, who would report to the commission rather than to lawmakers or other elected officials.
Corbett said the judicial role would provide an additional layer of screening while allowing the appointment structure to remain within existing constitutional constraints.
He said the change could be accomplished through legislation and would not require a constitutional amendment.
Corbett said investigations should generally remain private while they are ongoing, but final investigative reports should be made public.
“I believe the hearings should, in my opinion, be conducted initially in closed-door session, but the reports of their investigations absolutely should be made public,” he said.
He said keeping active investigations confidential could protect witnesses and prevent investigations from being compromised.
Under the proposal, lawmakers who appoint commission members would have authority to remove those commissioners for misconduct. The independent commission would have authority over the removal and replacement of inspectors general.
Corbett said he does not expect the proposed consolidation to significantly increase costs because many of the functions already exist within state government.
“You already have inspectors general, you already have ethics commissions,” he said. “What we’re proposing is to consolidate them all into one and to make them independent and give them full independent authority.”
He said lawmakers could enact the changes during the upcoming veto session rather than waiting for a new administration.
“It doesn’t even require me to be in office,” Corbett said. “J.B. Pritzker could take this. The legislature could take this, and they should.”
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