Operation Clean Government v. Rhode Island Commission on Judicial Tenure & Discipline

741 A.2d 257, 1999 R.I. LEXIS 209, 1999 WL 1081233
Supreme Court of Rhode Island·Decided November 19, 1999·No. No. 99-304-M.P.·Published·Cited by 2 cases

Opinion

OPINION

PER CURIAM.

This case comes before us on a petition filed by Operation Clean Government (OCG) for the issuance of a writ of mandamus or certiorari to review decisions of the Rhode Island Commission on Judicial Tenure and Discipline (commission) that dismissed charges of misconduct filed against four judges of the Administrative Adjudication Court (AAC) and issued a private reprimand to the Chief Judge of that court. This complaint was filed by Arlene Violet (Ms. Violet), a member of the bar of this state who also represents OCG. Her complaint was based entirely upon a series of articles set forth in the Providence Journal relating to the AAC, its judges, and its staff. Another complaint against the Chief Judge was filed by Robert Arru-da (Mr. Arruda) on behalf of OCG.

On December 22, 1998, the chairperson of the commission wrote to Ms. Violet, informing her that the commission had investigated her complaint against four judges of the AAC and determined that insufficient evidence existed to justify disciplinary action under the canons of judicial conduct. Subsequently on May 11, 1999, the commission informed Mr. Arruda [259] that a private reprimand had been issued to the Chief Judge of the AAC, who had earlier retired from his position.

A private reprimand is subject to statutory review by this Court only if the judge who receives it seeks a hearing before the full commission and, if aggrieved by the result of that hearing, appeals to this Court. G.L.1956 §§ 8-16 — 4(d) & 8-16-6. In the present case the Chief Judge of the AAC accepted the reprimand and did not seek a hearing before the full commission.

In the event that the commission dismisses charges against a judge or judges, no appeal to this Court is provided by chapter 16 of title 8 of the General Laws. Moreover, all proceedings before the commission based upon a complaint of judicial misconduct are declared by statute to be confidential unless and until a preliminary investigation discloses that a charge of judicial unfitness is supported by substantial evidence. Section 8-16-M(c). The statute also provides that all proceedings relating to a private reprimand shall be kept confidential. Section 8-16-13.

It is undisputed by OCG and by the commission that the statute provides for no appeal of a dismissal of a complaint against a judge or of a private reprimand that is accepted by a judge. It is the position of OCG that this Court may review the determination of any tribunal under its constitutional authority set forth in article 10, section 2, of the Rhode Island Constitution and pursuant to Article I, Rule 13, of the Supreme Court Rules of Appellate Procedure, which provides for the issuance of extraordinary remedies, including certiorari.

Before proceeding to the merits of the petition for issuance of writs of mandamus and/or certiorari, we must consider two preliminary matters that have been presented to this Court by the parties. The commission has moved to file a schedule of the commission’s activities under seal. This motion indicates that the outline of activities of the commission contains no substantive information but only a fist of the steps taken by the commission to investigate the complaint concerning the various judges of the AAC. The OCG has requested that this Court receive “in evidence” a letter written by the Chief Justice of this Court to Mr. Arruda, chairman of OCG, dated May 17,1999.

Regarding the schedule of activities of the commission, the Court declines to consider the schedule that has been submitted under seal. The Court accepts the representation of counsel for the commission that the commission conducted an investigation of the complaints filed by Ms. Violet and Mr. Arruda over a significant period. In light of the confidentiality that is mandated by statute, § 8-16-13, until a proceeding becomes the subject of testimony at a public hearing, the Court declines to peruse a schedule of the commission’s activities.

In respect to the letter of the Chief Justice, this Court is obviously aware of the letter written to Mr. Arruda, since a copy of the letter was sent to all the justices of this Court as well as to all other interested parties. The letter does nothing other than to give some basic, primary instruction to Mr. Arruda concerning the means by which the jurisdiction of this Court may be invoked. The letter points out that sending the Chief Justice a copy of a press release does not comply with the requirements of the Rules of Appellate Procedure. The letter refers to Rule 13 of this Court’s Rules of Appellate Procedure but does not indicate in any way an opinion concerning whether a petition filed pursuant to that rule would be granted or whether it would have any merit in the context of review of the commission’s investigatory activities. Consequently, the letter, though well known to the Court, is of no significance in these proceedings and could have no bearing on the decision of the Court to grant or withhold the extraordinary relief claimed by OCG. It therefore cannot be considered as “evidence” in support of OCG’s position.

[260] The OCG and the commission do not dispute the plenary jurisdiction of this Court to review decisions rendered by both judicial and administrative tribunals even in circumstances wherein no statutory appeal is provided. The propriety of exercising such plenary jurisdiction is the subject of sharp disagreement between these parties.

In 1974 the commission was established by an act of the General Assembly, P.L. 1974, ch. 136, § 1 (chapter 16 of title 8), in order to investigate and adjudicate claims that might be filed against members of the judiciary. It consists of fourteen members, three of whom are appointed by the Governor with the advice and consent of the Senate, none of whom need be attorneys; three of whom are selected from a list of attorneys provided by the Rhode Island Bar Association and appointed by the Governor with the advice and consent of the Senate; three of whom shall be members of the General Assembly, two to be appointed by the Speaker of the House of Representatives, one of whom shall be from the minority party and one to be appointed by the Majority Leader of the Senate; four of whom shall be members of the Judiciary who are appointed by the Supreme Court, one each from the Superi- or, the Family, and the District Courts, and one at-large member from any Court, who shall be chairperson. The commission must also include one judge of the Workers’ Compensation Court who is appointed by the Chief Justice of the Supreme Court. See § 8-16-1.

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Operation Clean Government v. Rhode Island Commission on Judicial Tenure & Discipline, 741 A.2d 257, 1999 R.I. LEXIS 209, 1999 WL 1081233 (R.I. 1999).

741 A.2d 257 (Operation Clean Government v. Rhode Island Commission on Judicial Tenure & Discipline) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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