In an opinion dated November 19, 1999 the Rhode Island Supreme Court, without the benefit of full briefing or oral argument, has ruled on an Operation Clean Government petition which had requested that the Supreme Court review the Commission on Judicial Tenure & Discipline's decision not to discipline the Traffic Court Judges, and to issue Chief Judge Pallozzi a private reprimand. The Rhode Island Supreme Court summarily held that the request for review was without merit. Chairman of Operation Clean Government Robert P. Arruda said: "We are disappointed in the Rhode Island Supreme Court. We had hoped that the Supreme Court would review the proceedings of the Commission on Judicial Tenure & Discipline because the Traffic Court scandal caused the public to lose confidence in the Rhode Island Courts. We had hoped that a thorough review by the Supreme Court would explain to the public exactly what happened in the Rhode Island Traffic Court, but instead the records are permanently sealed."
Operation Clean Government had filed the petition in response to a letter by Chief Justice Joseph Weisberger to Robert Arruda. The Chief Justice gave procedural advice to OCG in this letter as how to seek an extraordinary remedy through the Supreme Court. Arruda goes on to say "it is incomprehensible that on the one hand the Chief Justice gives OCG advice on how to seek a remedy through the Supreme Court, and on the other hand, rules that OCG has no standing to question the Commission on Judicial Tenure & Discipline in the RI Supreme Court. This opinion, if rendered at the outset, would have saved both the Supreme Court and OCG much valuable time."
Operation Clean Government board member Lee Blais said: "Operation Clean Government finds it odd that the high court never mentions in its decision the nature of the public allegations made against the Traffic Court Judges. Reading the Supreme Court's Opinion one might think that Operation Clean Government was asking the Court to review the Commission's decision regarding a frivolous or an unfounded complaint. Operation Clean Government's complaint focused on the allegations contained in the Providence Journal expose on the Traffic Court. Those articles showed the traffic court to be rife with cronyism and patronage, a system so out of control that Judges worked part-time for full time pay, and where Judges issued judicial decisions that had no basis in fact or law. While the Rhode Island Supreme Court has ruled that OCG's request to the Court 'borders upon the frivolous,' OCG respectfully disagrees. OCG does not think that anything about this matter of extreme public importance is frivolous."
Vice Chair Beverly Clay said of the Decision: "It is a sad day in Rhode Island history when the State's highest Court rules that the public has no right to know how an appointed Commission that oversees the integrity of the judiciary has reached its conclusion in a matter of significant public importance. To some members of our organization, and perhaps to some members of the public, this will appear to be a whitewash. Reforms which will end the secrecy that surrounds Commission proceedings must be enacted at once."
The Chair of Operation Clean Government, Mr. Arruda said: "The Supreme Court, without a hearing, has ruled that a citizens' group advocating clean government has no standing to question the Commission on Judicial Tenure & Discipline in the Rhode Island Supreme Court. Reforms that will increase public participation in the Commission and which will allow citizen groups to seek review of Commission proceedings are desperately needed. We will urge the General Assembly to enact such reforms during its upcoming session. We hope the citizenry joins us in these efforts."
Operation Clean Government holds accountable those whom the citizenry entrust with the stewardship of their state government. Transparency in government and the citizen's access to their government are essential to a healthy democracy. OCG advocates strong democratic laws and institutions that instill public confidence that common policies are fairly debated and decided on the merits, and that common resources are used responsibly.
The next monthly meeting of the OCG Board of Directors is
Warning: main(./includes/bod_Next_Meeting_Date.txt): failed to open stream: No such file or directory in /home/ocg/ocgri-www/includes/bod.php on line 4
Warning: main(./includes/bod_Next_Meeting_Date.txt): failed to open stream: No such file or directory in /home/ocg/ocgri-www/includes/bod.php on line 4
Fatal error: main(): Failed opening required './includes/bod_Next_Meeting_Date.txt' (include_path='./:/usr/local/lib/php') in /home/ocg/ocgri-www/includes/bod.php on line 4