The Rhode Island Ethics Commission voted Tuesday to authorize an appeal of last week’s decision, paving the way for former House Speaker Joe Shekarchi to potentially land on the state Supreme Court.
Superior Court Judge Richard Licht ruled July 27 that Shekarchi’s application and possible nomination to the Supreme Court is exempt from the state revolving door law, which generally requires legislators to wait one year outside of government before seeking another government appointment, since the Supreme Court was created by the state Constitution.
Shekarchi is one of five finalists whose names were sent to Gov. Dan McKee last week by the Judicial Nominating Commission. Other finalists include Assistant Attorney General Christopher Bush, Family Court Judge Laureen D'Ambra, Superior Court Judge Luis Matos and lawyer John Roberts.
Upon receiving that list, McKee is supposed to pick a nominee within 21 days, but the governor’s timeline remains unclear. Now, the same state Supreme Court that Shekarchi has applied to sit on may hear his case.
Jason Gramitt, executive director of the Ethics Commission, said he expects the commission’s appeal to the Supreme Court will be filed within the next few days.
Shekarchi’s lawyer, Tom Dickinson, said he was not surprised by the Ethics Commission’s decision to appeal.
“We're prepared to move forward with the appeal process, and we are confident that Judge Licht's decision is correct based on the facts, the law, and precedent,” Dickinson said in an email.
Michael Yelnosky, the Roger Williams Law School professor who filed an ethics complaint against Shekarchi, used a letter to urge the commission to appeal Licht’s decision.
“I urge you to appeal because the precise question posed by the case – whether the revolving door laws apply to a sitting legislator seeking
appointment to the Rhode Island Supreme Court – is of profound and
recurring importance to the administration of justice,” Yelnosky wrote. “The legal uncertainty that preceded the current dispute will not go away if the Commission decides not to appeal.”
A court spokesman declined comment on whether Justice Erin Lynch-Prata, who faced revolving door questions when she moved from the General Assembly to the bench in 2020, will recuse herself from hearing the appeal involving Shekarchi.
