Judge’s ruling allows Shekarchi to pursue R.I. Supreme Court seat

PROVIDENCE, R.I. — A Superior Court judge’s ruling allows State Rep. K. Joseph Shekarchi to continue pursuing a seat on the Rhode Island Supreme Court after finding his application does not violate the state’s Code of Ethics

Judge Richard Licht issued the ruling one day before the Judicial Nominating Commission was set to interview five candidates for the vacancy created by the retirement of Justice Maureen McKenna Goldberg.

Ethics complaint challenged

The case began in May when Roger Williams University law professor Michael Yelnosky filed an ethics complaint against Shekarchi.

Yelnosky argued that Shekarchi violated Rhode Island’s revolving-door law. That law generally prevents lawmakers from accepting certain state positions within one year of leaving office.

Instead of waiting for the Ethics Commission to investigate, Shekarchi challenged the complaint. He later took the dispute to Superior Court.

Judge cites constitutional authority

In his decision, Licht ruled that the governor’s constitutional authority to appoint Supreme Court justices cannot be limited by the state’s ethics laws.

He also found that a Supreme Court justice is a constitutional office. Therefore, Shekarchi’s application can move forward through the state’s constitutional appointment process.

Following the ruling, Shekarchi said, “The clear and unambiguous rule of law won today.”

Similar issue raised in 2020

Licht also pointed to a similar issue that surfaced in 2020.

At that time, then-state Sen. Erin Lynch Prata sought an advisory opinion on whether she could apply for a Rhode Island Supreme Court vacancy while serving in the General Assembly.

Ethics Commission staff recommended denying her request.

Interviews move forward

Meanwhile, the Judicial Nominating Commission is expected to interview five applicants for the vacancy.

The candidates include Shekarchi, state prosecutor Christopher Bush, Family Court Judge Laureen D’Ambra, Superior Court Judge Luis Matos, and attorney John Roberts.

After the interviews, the commission will recommend at least three finalists to Gov. Dan McKee. He will then nominate one candidate for confirmation by the General Assembly.

The commission includes five attorneys and four members of the public appointed by the governor and legislative leaders.

One member, attorney Jason Preciphs, was appointed by Shekarchi in 2021. Although his term has expired, he continues to serve on the commission.

The Ethics Commission may appeal the ruling. However, it has not said whether it plans to do so.