Projo 7 to 7 News Blog

By Tom Mooney
Journal staff writer

PROVIDENCE, RI -- The state Ethics Commission this week has asked the state Supreme Court to overturn a Superior Court judge's decision which, in dismissing ethics charges against former Senate President William V. Irons, has left the commission's authority itself in question.

"A ruling by this court is necessary to resolve the question of the Ethics Commission's jurisdiction which will continue to arise in every newly issued advisory opinion and newly filed complaint that relates to members of the General Assembly,'' the commission wrote in asking for the high court's review.

In October, Superior Court Judge Francis J. Darigan dismissed ethics charges against Irons, accepting Irons' defense that the state Constitution protected legislators from being prosecuted because of their votes or other legislative activities.

In making his decision, Darigan was mindful of the "tremendous" public interest it would generate and suggested himself that the Supreme Court review the case "because of the far-reaching ramifications it has not only in the operation of the Ethics Commission . . . [but] to all of the citizens and all of the office holders in Rhode Island."

An insurance salesman from East Providence, Irons abruptly resigned after two decades in the state Senate on Dec. 31, 2003. He had opposed pharmacy-choice legislation that CVS, the pharmacy giant and a company which he had sold insurance to, wanted killed.
The Ethics Commission found probable cause to believe that Irons broke the code of ethics by using his public office to financially benefit his business associate, CVS. The next step ordinarily would have been a trial-like hearing before the commission. Irons, however, went to court in an attempt to block the commission prosecution.

If Darigan's decision is allowed to stand, says Katherine D'Arezzo, one of the Ethics Commission's lawyers, it would defy the intent of voters at the 1986 constitutional convention who passed the amendment creating the commission.

"Given the context that in 1986 the public adopted the Ethics Commission to be the independent, non-partisan body that would enforce code of ethics and conflict of interest laws, we think it's a very significant issue that cries out for Supreme Court review,'' D'Arezzo said.

For his part, Irons, who is no longer a target of a federal corruption probe, acknowledged today that "this is a very serious issue" that perhaps needs some clarification.

He said Darigan's decision, however, was "extremely well reasoned" and "I and my attorney feel very optimistic . . . and very hopeful the Supreme Court will uphold it."
D'Arezzo said the Supreme Court is scheduled to consider reviewing Darigan's decision Jan. 15.

 Tags  Ethics Commission

Comments

James Dias said:

I agree with the ethics commission to overturn Superior Court decission on Irons by the Supreme court of R.I.It is about time we have all our decissions above board.I have read in Journal along the way about the whole matter with Irons and lets get all the facts out and let the people know how our legislators do business. Remember Chicago.Irons would not have resigned if all the facts were true.My old saying ,smells like a fish.

Link | December 27, 2008 5:31 AM
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