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Operation Clean Government v. Rhode Island Commission on Judicial Tenure and Descipline12/15/1999
PER CURIAM.
This case comes before us on a petition filed by Operation Clean Government (OCG) for the issuance of a writ of mandamus or certiorari to review decisions of the Rhode Island Commission on Judicial Tenure and Discipline (commission) that dismissed charges of misconduct filed against four judges of the Administrative Adjudication Court (AAC) and issued a private reprimand to the Chief Judge of that court. This complaint was filed by Arlene Violet (Ms. Violet), a member of the bar of this state who also represents OCG. Her complaint was based entirely upon a series of articles set forth in the Providence Journal relating to the AAC, its judges, and its staff. Another complaint against the Chief Judge was filed by Robert Arruda (Mr. Arruda) on behalf of OCG.
On December 22, 1998, the chairperson of the commission wrote to Ms. Violet, informing her that the commission had investigated her complaint against four judges of the AAC and determined that insufficient evidence existed to justify disciplinary action under the canons of judicial conduct.
Subsequently on May 11, 1999, the commission informed Mr. Arruda that a private reprimand had been issued to the Chief Judge of the AAC, who had earlier retired from his position.
A private reprimand is subject to statutory review by this Court only if the judge who receives it seeks a hearing before the full commission and, if aggrieved by the result of that hearing, appeals to this Court. G.L. 1956 ยงยง 8-16-4(d) & 8-16-6. In the present case the Chief Judge of the AAC accepted the reprimand and did not seek a hearing before the full commission.
In the event that the commission dismisses charges against a judge or judges, no appeal to this Court is provided by chapter 16 of title 8 of the General Laws. Moreover, all proceedings before the commission based upon a complaint of judicial misconduct are declared by statute to be confidential unless and until a preliminary investigation discloses that a charge of judicial unfitness is supported by substantial evidence. Section 8-16-4(c). The statute also provides that all proceedings relating to a private reprimand shall be kept confidential. Section 8-16-13.
It is undisputed by OCG and by the commission that the statute provides for no appeal of a dismissal of a complaint against a judge or of a private reprimand that is accepted by a judge. It is the position of OCG that this Court may review the determination of any tribunal under its constitutional authority set forth in article 10, section 2, of the Rhode Island Constitution and pursuant to Article I, Rule 13, of the Supreme Court Rules of Appellate Procedure, which provides for the issuance of extraordinary remedies, including certiorari.
Before proceeding to the merits of the petition for issuance of writs of mandamus and/or certiorari, we must consider two preliminary matters that have been presented to this Court by the parties. The commission has moved to file a schedule of the commission's activities under seal. This motion indicates that the outline of activities of the commission contains no substantive information but
only a list of the steps taken by the commission to investigate the complaint concerning the various judges of the AAC. The OCG has requested that this Court receive "in evidence" a letter written by the Chief Justice of this Court to Mr. Arruda, chairman of OCG, dated May 17, 1999.
Regarding the schedule of activities of the commission, the Court declines to consider the schedule that has been submitted under seal. The Court accepts the representation of counsel for the commission that the commission conducted
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