July 1, 2007

The decision handed down today by the Rhode Island Supreme Court in favor of Mr. Irons has effectively rendered the Ethics Commission powerless. By ruling in favor of the plaintiff in Irons vs. Rhode Island Ethics Commission, this Court has determined that state legislators are shielded by the Rhode Island Constitution's "speech in debate" clause.

"This is yet another dark day for ethics in Rhode Island. The Rhode Island Supreme Court has effectively neutered the Ethics Commission," says Larry Valencia, President of Operation Clean Government, a government watchdog group that filed the ethics complaint against Irons in 2004.

Superior Court Judge Darigan had ruled that former Senate President William Irons was immune from prosecution based on the "speech in debate" clause of the Rhode Island Constitution. Valencia also says, "We feel the majority opinion was flawed, but we realize the only recourse now is going to be legislative action." Operation Clean Government commends Justice Suttell, who dissented, for looking at the intent of the voters and the participants in the 1986 Constitutional Convention. "The Convention participants were clearly moved to rein in the rampant corruption of that time, and it is regrettable that they were ignored by the majority," Valencia adds.

Operation Clean Government calls on the leadership of the Rhode Island General Assembly to support H6070 or a similar bill. House bill 6070 is a proposed constitutional amendment that would provide that the Ethics Commission would have jurisdiction over the members of the General Assembly notwithstanding the "speech in debate" provisions of Article VI, Section 5 of the Constitution. It would restore the ability of the Ethics Commission to investigate, and if necessary, prosecute General Assembly members for participating and voting on legislation where they have a clear conflict of interest.

The General Assembly has not yet adjourned this year. There is time for Speaker Murphy, Majority Leader Fox and Senate President Paiva Weed to schedule hearings and to pass this necessary legislation. Passage of this bill places this amendment on the 2010 ballot, allowing the citizens of Rhode Island to decide whether or not legislators deserve immunity when they use their vote to violate our ethics laws.