The question of whether former Rhode Island House Speaker Joe Shekarchi is exempt from the state’s revolving-door law may be headed to Superior Court.
Speaking Tuesday after the state Ethics Commission voted 5-1 against dismissing a complaint against him, Shekarchi said he’s contemplating seeking court guidance.
“The prosecutor and the commission indicated they would welcome some interpretation by the court – at least when I say the commission, several commissioners felt it was a better forum to argue these constitutional arguments were in a court of law, not an administrative agency,” Shekarchi said in an interview.
Shekarchi stepped down as speaker in May to apply for a vacancy on the Supreme Court.
He argued he was not barred from seeking the post since it is a constitutional office.
Michael Yelnosky, a professor at Roger Williams University School of Law, disagreed and filed a complaint accusing Shekarchi of violating the rule requiring lawmakers to wait a year before seeking some state government positions.
The commission also voted 5-1 to reject a motion to stay its investigation of the complaint filed by Yelnosky.
During the Ethics Commission’s meeting, lawyer Thomas M. Dickinkson argued Shekarchi was exempt from the revolving door law. He cited how the commission did not block Erin Lynch Prata, chair of the Senate Judiciary Committee at the time, from moving to the Supreme Court in 2020.
Jason Gramitt, executive director of the Ethics Commission, said the meeting marked “a pretty monumental day” since it marked movement toward resolving a deep-rooted constitutional disagreement.
“It’s an important and significant day,” Gramitt said, “since as far as I can tell, today will be the first time ever that a judicial or quasi-judicial tribunal is going to answer the question, ‘Can a sitting legislator move directly to the Supreme Court?’”
