Schiff Hardin was not hired by either state agency.
Kiernan is being represented pro bono by William Josephson of Fried, Frank, Harris, Shriver & Jacobson.
John Milgrim, a spokesman for the ethics commission, said that no matter Kiernan's understanding of the ethics laws, he committed violations according to the agreement he signed.
"Mr. Kiernan repeatedly violated the ethics law," Milgrim said yesterday. "He admitted to those violations and has been held accountable for them."
Milgrim said JCOPE and its predecessor agencies, the Commission on Public Integrity and the state Ethics Commission, both enforced the law against violators under Public Officers Law §73(8)(a)(iv) and issued advisory opinions about what constituted prohibited contact between former state officials and state agencies.
Milgrim said a post-employment case similar to Kiernan's was described at length in Advisory Opinion 11-01 that was issued by the Commission on Public Integrity just after Kiernan left public service but before he signed the responses to the two solicitations by state agencies.
Paterson himself was fined $62,125 by the Commission on Public Integrity just before he left office for accepting five New York Yankees tickets to the 2009 World Series.
In an interview last year with the Law Journal, Kiernan said he was working on public pension, distressed local governments, debt restructuring and other issues as part of Schiff Hardin's public practice law group (NYLJ, June 22, 2012).
"Due to the state's strict ethics laws, I generally cannot deal with New York state government matters and government personnel for a two-year period," Kiernan told the Law Journal. "So I have limited contact with persons I dealt with as counsel. But I always welcome the chances to be involved with elective and appointive politicians that I have met throughout my governmental career."
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