Former House Speaker Joe Shekarchi can serve on the Rhode Island Supreme Court if nominated and confirmed, Superior Court Judge Richard Licht ruled Monday.
At issue was whether the state “revolving door” law – adopted after two consecutive state Supreme Court justices resigned amid scandal in the ’80s and ’90s – required Shekarchi to wait one year outside of government office before seeking the position.
In a 29-page ruling, Licht sided with Shekarchi’s argument that the Supreme Court, since it was created by the state Constitution, is exempt from the revolving door law.
Based on that analysis, Licht wrote, Shekarchi was permitted to apply in May for a vacancy on the Supreme Court “and if nominated and confirmed, he may serve in that position” without penalty.
“The clear and unambiguous rule of law won today,” Shekarchi, who stepped down as speaker in May, said in a statement. “As a practicing attorney for more than 30 years, I always had full confidence in the judicial system and am grateful for today’s court decision reaffirming that elected officials may be considered for appointment to the Rhode Island Supreme Court.”
Shekarchi added: “The decision ensures that the judicial selection process remains consistent with Rhode Island law and principles of fairness.”
Licht’s decision came one day before the state Judicial Nominating Commission is slated to interview Shekarchi and four other candidates for the Supreme Court vacancy created by the retirement of Maureen McKenna Goldberg.
The commission is expected to submit three finalists for consideration by Gov. Dan McKee, who has 21 days to make a nomination, subject to confirmation by the House and Senate.
McKee has not commented on who he will choose, but Shekarchi is widely expected to get the nomination.
A complaint filed by former Roger Williams University Law School dean Michael Yelnosky argued that Shekarchi’s application to the Supreme Court posed an ethics violation. The state Ethics Commission voted to investigate the complaint, but Shekarchi short-circuited that process by taking the case to Superior Court.
Licht held a hearing on the issue last week.
His decision noted how there were no efforts to change the revolving door law after Erin Lynch Prata was able to move from the state Senate to the Supreme Court in 2020.
A former state senator, lieutenant governor and candidate for U.S. Senate, Licht wrote that many former lawmakers have served with distinction as judges, including his uncle, Frank Licht, who was on the bench before becoming governor in 1968.
The Ethics Commission can appeal Monday’s decision to the state Supreme Court. Via email, Ethics Commission Executive Director Jason Gramitt said, “We will carefully review the Superior Court’s decision and then, within all applicable filing periods, make a decision as to next steps.”
John Marion, executive director of the good government group Common Cause of Rhode Island, expressed disappointment in Licht’s decision.
“We urge the Rhode Island Ethics Commission to appeal Judge Licht’s decision to our Supreme Court and hope that it is reversed,” Marion said in a statement.
“If Judge Licht’s decision stands,” Marion continued, “Common Cause Rhode Island will give strong consideration to pursuing a constitutional amendment to enact a revolving door which will once again stop members of the General Assembly from using their current office to gain an unfair advantage when pursuing a seat on our state’s highest court.”
