April 15, 2002
The Honorable James A. Traficant, Jr.Dear Colleague:
The Committee hereby notifies you that your recent conviction in the District Court of the United States for the Northern District of Ohio for multiple crimes—for each of which, under federal law, you may receive a sentence of two or more years of imprisonment—brings into operation House Rule 23 (the Code of Official Conduct), clause 10. This rule provides that any Member convicted of any such crime
should refrain from voting on any question at a meeting of the House
or of the Committee of the Whole House on the state of the Union,
unless or until judicial or executive proceedings result in reinstatement
of the presumption of his innocence or until he is reelected to the House
after the date of such conviction.
This provision of House Rules was promulgated to preserve public confidence in the legislative process when a sitting Member of Congress has been convicted of a serious crime. Although, as the relevant legislative history indicates, this provision is not mandatory, we emphasize in the strongest possible terms that if you violate the clear principles of this provision—that is, for example, by voting in the House—you risk subjecting yourself to action by this Committee, and by the House, in addition to any other disciplinary action that may be initiated in connection with your criminal conviction.
This letter will be released publicly. If you have any questions you may call Committee Chief Counsel Robert L. Walker at 5-7103.
Sincerely,
/s Joel Hefley /s Howard L. Berman
Chairman Ranking Minority Member