Lake County Councilman Will Smith Jr. needs to resign immediately.

It is shameful that Smith is still on the council. It is also shameful that the 2005 law intended to force a public official to be removed from office upon his conviction of a felony appears to be on shaky legal ground.

Indiana Attorney General Steve Carter and Lake County Prosecutor Bernard Carter said Wednesday that two conflicting bills passed in 2005, signed by Gov. Mitch Daniels on the same day, make it difficult to prove clear legislative intent. Good grief!

Steve Carter called it sloppiness on the part of the Legislative Services Agency for not noticing the conflict between Senate Bill 179 and state Sen. Frank Mrvan's Senate Bill 18, which intended to require that public officials be removed from office upon conviction of a felony.

Whatever the reason for the confusion, the Indiana General Assembly needs to clear it up immediately when its session begins. Call it the Will Smith Jr. Law.

And let the region's entire legislative delegation jump on this bandwagon as a sign of their disgust with Smith's behavior.

It was a black eye on Lake County when convicted East Chicago City Council members Joe De La Cruz and Frank Kollintzas remained in office while awaiting sentencing for their part in the concrete-for-votes scandal. That shameful behavior prompted Mrvan's reform legislation.

And now Smith remains in office, acting on the public's business, even after being convicted for filing a false tax return. Is he staying on the council just for the money, after cheating on his taxes? Does he have no shame?

Both Carters say they are frustrated by their inability to force Smith out of office.

But Steve Carter offered some useful advice. There's a difference between what's legally allowed and what should be an ethical imperative.

The County Council must censure Smith to express its extreme displeasure that he is continuing to feed from the public trough after his conviction. Failing to censure him would be a slap in the face of ethical government.

No longer should the council members treat the council like an exclusive club. Much is at stake right now, especially as the council considers an income tax earmarked for property tax relief.

Why would any councilman want that decision tainted by Smith's participation on the council?

Lake County residents need to express their displeasure, too. Flood The Times with letters calling for Smith's resignation. Instructions for sending letters to The Times are on the Opinion page every day and at http://nwi.com/opinion

If Smith can't be forced out of office legally, try to shame him into resigning.

Your opinion, please

Should the Lake County Council censure Will Smith Jr.?

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