Projo 7 to 7 News Blog

It may come down to the drawing of straws after all, at least according to one of the lawyers challenging the federal government's right to take 31 acres into trust for the Narragansett Indian Tribe.

The U.S. Supreme Court today denied requests that more than one lawyer be allowed to represent the state's interests before the nation's highest court during arguments Nov. 3.

That decision leaves it to lawyers for the Town of Charlestown, the attorney general's office and Governor Carcieri to sort out who will get the half-hour of arguing time before the court.

"On our side, one person will have to be chosen," said Joseph S. Larisa Jr., Charlestown's assistant solicitor on Indian affairs, adding "The time to name that person is now. We have twenty-five days left."

For the past decade, the state and the Town of Charlestown have jointly opposed the U.S. Department of Interior's decision to take the 31 acres into trust for the tribe.

Trust status frees the property from most state and local laws, placing it under tribal and federal control. State and local officials fear it would open the site up to a casino or some other venture outside of state oversight.

The tribe bought the land, just north of Route 1, in 1991 to build housing for its elderly. The tribe successfully petitioned the federal Interior Department to take the land into trust. The state filed suit after the federal agency agreed to do so in 1998.

The state and Charlestown lost their challenge in U.S. District Court, before a federal appeals panel and again before the full Circuit Court of Appeals in Boston.

Larisa had been seeking 15 minutes of the time, but following the court's ruling today said he alone should argue the state's case based on his "experience and knowledge of the case."

Governor Carcieri's office, represented by former U.S. Solicitor General Theodore B. Olson, and Attorney General Patrick C. Lynch had asked that the state's arguments be split between Olson and an unnamed lawyer from the attorney general's office.

Governor Carcieri hired Olson not long after the Supreme Court agreed to hear the state's appeal in February. Olson, who has appeared before the Supreme Court many times, won the case that settled the 2000 election in George W. Bush's favor.

Larisa said he contacted Carcieri's office and they indicated that they wanted Olson to argue the case. He said Lynch's office had not returned a phone call.

Spokespeople for Lynch and Carcieri did not return phone calls immediately.

Supreme Court rules allot each side a half-hour for oral argument and specify that only one lawyer on each side will be heard, unless the court rules otherwise.

According to a guide on practicing before the Supreme Court, the court normally will not designate who should argue when parties can't agree. The clerk's office advises counsel that if they cannot agree, the matter should be resolved by drawing lots -- a suggestion that generally seems to produce agreement.

 Tags  Carcieri Narragansett U.S. Supreme Court

Comments

Dan said:

One would guess who's ego is largest will win this one. Never mind that the whole issue is a sham. Perhaps they will stand in line to argue who is going to represent Rhode Island at the bankruptcy hearings for the Governor's beloved Twin River which is circling the drain.

Link | October 6, 2008 6:32 PM
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