Luke Martland, a former Albany assistant district attorney, is running hard in his long-shot primary campaign against State Sen. Neil Breslin.

But for all the controversial issues being debated by the state, Martland’s argument has much less to do with Breslin’s voting record than with the six-term senator’s work as an estate and tort lawyer at the law firm Hiscock and Barclay. According to Martland, Breslin’s job is at best a distraction from the pressing issues in the State Capitol. At worst, it could be the source of conflicts of interests.

“Show how much you make at the law firm, and tell us who your clients are,” Martland said. “We should know if there’s any conflict of interest there and what you’re doing to earn the money.”

As former Senate Majority Leader Joseph Bruno awaits appeal on the conviction of mixing his legislative work with his outside employment, and current Senate Majority Leader Pedro Espada faces an investigation into allegations that he used his public position to enrich his private business practice, Martland is one of a handful of challengers to State Senate incumbents making the issue of outside jobs central to their campaigns

Current law allows legislators to hold outside jobs and only requires the barest minimum in disclosure, critics say. Senate Democrats passed a bill earlier this year that would have increased the disclosure requirements for certain jobs, but
Gov. David Paterson vetoed the bill, arguing the Legislature did not go far enough. Attorney General Andrew Cuomo, in announcing his run for governor, challenged state lawmakers to sign a pledge in support of his reform agenda, of which disclosure of outside income is a key piece.

Now, many challengers are vowing to commit themselves to the job of state legislator full-time if they win in November.

“When I become senator, I will no longer have my business,” said Joanne Yepsen, a Saratoga Springs County supervisor who also runs a consulting firm.

Yepsen, who is running against Bruno’s replacement, Sen. Roy McDonald, said she is skeptical of her opponent’s outside work for M&T Bank, specifically because she has little information on what kind of work he does.

“I don’t think the voters are aware of his outside work as much as they should be,” Yepsen said.

Didi Barrett, a Dutchess County resident running against Stephen Saland, said the lack of real disclosure of outside income in the Legislature contributes to the perception among voters of Albany as a broken, dysfunctional government.

“All too often, politicians work for themselves, not the people,” she said. “This happens whether they do it through outside jobs or by abusing their office for personal gain.”

But Saland, who is of counsel to the law firm Gellert & Klein, said his legislative work absorbs so much of his time that his outside employment is almost not worth mentioning.

“If I were to list my clients, it would be an extraordinarily small, small, infinitesimally small list,” Saland said. “My life as a legislator has effectively eliminated my ability to practice.”

Still, Saland pushed back on some of the criticism of outside employment. He said that he discloses everything that he is required to do, but does not believe in banning lawmakers from holding jobs other than their legislative ones.

“If full-time is the goal, you’ll certainly limit the range of people who would seek office,” he said. “It could well become a haven for the idle rich.”

None of the candidates running for Senate believe in completely outlawing outside jobs. A few even admitted that, if victorious, they would keep their current jobs after assuming office.

“I would likely end up being of counsel [if I won],” said Regina Calcaterra, an attorney running against Suffolk County Republican Kenneth LaValle, speaking of how her job would likely shift. “But I could only be of counsel if it didn’t bring conflicts to the firm.”

Still, Calcaterra echoed Martland and others in calling on LaValle to release his client list from his work at the firm Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP. She also railed against the Senate Democrats’ ethics proposal for coming up short on real reform.

“There were categories of incomes, but those categories were extremely broad,” she said. “I don’t think we need to know the exact dollar amount. However, the categories should be much more specific.”

In the face of such criticism, several Senate incumbents have attempted to straddle the line of calling for more ethics reforms, while dismissing their opponents for making too much noise about an issue that is unlikely to resonate with voters.

Breslin shrugged off Martland’s comments as “a tempest in a teapot,” saying he enjoys practicing law when he has the chance, and often receives high scores in independent ethics ratings. He stopped short, though, of agreeing to release his client list.

“I report beyond what I should in terms of areas that I practice,” Breslin said. “The client has a right to go to a lawyer and have his or her name be private.”

But with Bruno’s conviction in the air, the issue could get much more attention than in years past, predicted New York Public Interest Research Group legislative director Blair Horner.

“Given the political crime wave that has swept through the Capitol over the past few years, I think the public is very unhappy,” Horner said. “I think they’re going to be unhappier still because there’s been no policy response.”  

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above: Like many other Senate challengers, Luke Martland is making an issue out of his opponent’s outside income and refusal to release his client list.