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.
