Ethics complaint alleges former R.I. speaker is violating ‘revolving door’ ban by applying for Supreme Court opening

PROVIDENCE — A law professor has filed a complaint with the state Ethics Commission alleging that former house speaker K. Joseph Shekarchi violated Rhode Island’s “revolving door” prohibition by applying for a state Supreme Court vacancy this week.

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The former speaker, a Warwick Democrat, contends that a Supreme Court position is a constitutional office that’s not subject to the prohibition.

“I am not surprised, and I will deal with this through the legal process and not the media,” Shekarchi said Friday, through a spokesperson.

The complaint is expected to go before the Ethics Commission for an initial review on June 2, said Jason Gramitt, the executive director and chief prosecutor.

Professor Michael J. Yelnosky, a former dean of the Roger Williams University School of Law, argued in his complaint filed Friday that Shekarchi’s application for the Supreme Court “violated the Code of Ethics, which prohibits a state elected official, while holding state office and for a period of one year after leaving office, from seeking or accepting employment with any other state agency.”

On Thursday, Shekarchi stepped down as house speaker to apply for the vacancy created by Supreme Court Justice Maureen McKenna Goldberg’s retirement. He remains a state representative.

The revolving door rule exists to “create a level playing field” among applicants for state jobs, said John Marion, the executive director of Common Cause Rhode Island, a good-government group.

“The speaker of the House shouldn’t be able to use the fact that he’s a legislator to get a leg up on any other person.”

Yelnosky had written a Globe opinion piece in March, saying, “No sitting speaker, regardless of character and qualifications, can become a justice without seriously damaging the court’s reputation.”

Shekarchi said he would not seek an Ethics Commission advisory opinion, and argued that he would not be violating the revolving door ban.

“I disagree with that legal analysis,” Shekarchi said Thursday. “I have done my own. I feel I’m a competent attorney.”

Yelnosky, who studies judicial selection matters, said Friday he “did not take this step lightly.”

“I had hoped that Representative Shekarchi would decide not to apply for the position or, at a minimum, that he would seek an advisory opinion from the Ethics Commission,” Yelnosky said.

He said it remains an “open question” whether the revolving-door prohibition applies to openings on the Supreme Court.

“That question should be resolved,” he said.

The question has come before the Ethics Commission before.

In 2020, another Warwick Democrat — then-Senate Judiciary Committee chairwoman Erin Lynch Prata — applied for a Supreme Court seat.

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Ethics Commission staff concluded the revolving door provision of the state ethics code prohibited her from seeking a Supreme Court seat for a full year after leaving office. But commission members voted 5-2 to reject the staff’s advice, opening the door for then-governor Gina Raimondo to appoint her to the Supreme Court.

Yelnosky said the Ethics Commission never issued an advisory opinion that would set a precedent for Shekarchi’s situation. And the commission now has new members.

On Thursday, Shekarchi noted the Ethics Commission’s legal counsel disagreed with its staff in 2020, saying Lynch Prata could seek a Supreme Court seat because it’s a “constitutional court,” rather than a lower court.

“The actual act is enough,” he said. “They don’t have to issue an opinion. And, by the way, nobody fought that, and nobody changed that. And in six years, when Erin went, the revolving door hasn’t changed, the statute hasn’t changed, the Constitution hasn’t changed, and the facts haven’t changed.”

Yelnosky said if Shekarchi is prohibited from applying, he can resign his seat and wait one year.

“At that point, he would be eligible to apply for vacancies on any Rhode Island court, including future vacancies on the Rhode Island Supreme Court, where additional openings are likely in the near future,” he said.

Marion said Common Cause agrees with Yelnosky’s assessment.

“We agree that Joe Shekarchi violated the Code of Ethics by applying without waiting out the one year,” Marion said.

If Shekarchi becomes a judge, he would be prohibited from accepting campaign donations or donating to other campaigns. He has amassed $4.7 million in campaign cash over his career in politics, and said Thursday he would immediately suspend all fund-raising activities.

If he is selected for the high court, he said he would likely donate the money to charity.

“I am very partial to, as you know, animal rescues,” Shekarchi said. “My family has been very affected by diabetes and by Alzheimer’s, and those are causes that are near and dear to my heart. So we’ll cross that bridge if and when I get to become that judge.”

Applications for the Supreme Court are considered by the Judicial Nominating Commission, which forwards its short list of finalists to the governor. The governor nominates someone from that list, who then must be confirmed by the state Senate.

Shekarchi said he has not received any assurances from Governor Dan McKee that he is going to get the nomination. Laura Hart, a spokesperson for the governor, said every candidate “will receive full and fair consideration, as is the case with every judicial vacancy.”

“We have never discussed this,” Shekarchi said. “I will say that under oath.”

This story has been updated with comments from Michael Yelnosky, K. Joseph Shekarchi, John Marion, and Laura Hart.

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