Advisory Opinion No. 1996-3
Directed To Persons Outside
Agency With Official
Jurisdiction Not Exempt From
Definition Of
Lobbying As The
“Practice Of Law”
An attorney’s communications regarding “the proposal, drafting, development, consideration, amendment, adoption or repeal of any rule or regulation” constitute “lobbying,” regardless of whether they might also constitute “the practice of law.” See Conn. Gen. Stat. §1-91(k)(3). By Regulation, the State Ethics Commission has confirmed that generic policies “which affect the rights, duties or privileges of classes of persons” are analogous to rules and regulations and will be treated similarly. Regulations of Connecticut State Agencies §1-92-42a(c). An attorney’s communications regarding generic policies of such description will, therefore, constitute “lobbying.”
Prior to the 1995 legislative amendment to the Code of Ethics for Lobbyists which established the “practice of law” exemption (P.A. 95-144), the State Ethics Commission promulgated Regulations of Connecticut State Agencies §1-92-42a(a)-(e). Section 1-92-42a(a) exempted from the definition of “lobbying” a number of activities, most of which are now identifiable as “the practice of law” under the Commission’s current interpretation. Nevertheless, Section 1-92-42a(b) provided that communications for the purpose of influencing the outcome of a matter, made to persons outside of the agency which has official jurisdiction over the matter, were not exempt from the definition of “lobbying,” even when the subject of the communications would be otherwise exempt. For example, contact with the Governor’s Office requesting intercession in a contested case before the Workers’ Compensation Commission would be “lobbying,” even though representation of the client before the WCC would be exempt. See Regulations of Connecticut State Agencies §§1-92-42a(a)(3), (b).
Public Act 95-144 was intended to, and did no more than, codify the above regulatory language. Most particularly, the “practice of law” amendment did not exempt from the definition of “lobbying” the very conduct, i.e., contact with officials outside the agency with official jurisdiction over a matter, which impelled the original expansion of the Lobbyist Code’s definition of “administrative action” (P.A. 94-69). The Commission therefore concludes that an attorney’s communications with persons outside of the agency with official jurisdiction over his or her client’s matter constitutes “lobbying,” even when such communications might also be deemed “the practice of law.”
By order of the Commission,
David T. Nassef
Chairperson