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Charlestown lawyer bows out of high court arguments

10:47 AM EDT on Saturday, November 1, 2008

By Randal Edgar

Journal Staff Writer

PROVIDENCE — To the growing dismay of the governor and the attorney general, Joseph S. Larisa Jr. refused for 2½ months to budge from his position that he should be the one to argue a Narragansett Indian land case before the U. S. Supreme Court.

Yesterday, facing an ultimatum from the court, Larisa gave up, with just minutes to spare.

The drama began at 11 a.m. when a court clerk placed a conference call to Larisa, assistant solicitor for Indian affairs for Charlestown; Theodore B. Olson, a prominent Washington, D.C., lawyer, and representatives of Governor Carcieri and Attorney General Patrick C. Lynch. The clerk said that the justices of the nation’s highest court had refused Larisa’s last-minute emergency motion to help resolve the dispute. The parties would have to decide for themselves whether Larisa or Olson –– the choice of the governor and the attorney general –– got to argue the case.

Decide by noon, the clerk said. If you don’t, the state will lose its chance for anyone to make an oral presentation in a case that could set a nationwide precedent for disputes involving Indian land.

With the clock ticking, Larisa left his law office on Dorrance Street and drove to the State House.

There, in the first-floor office of Kernan F. King, the governor’s legal counsel, Larisa maneuvered one last time. He proposed that the decision of representation be made by drawing straws. King refused, telling him that the governor and the attorney general would rather yield the state’s 30 minutes of oral argument than have Larisa do it.

Larisa, who had been called narcissistic, intransigent and a defiant toddler during the weeks of the bitter dispute, backed off.

“It would have been very bad had the governor and the attorney general forfeited the ability to make an oral argument,” Larisa said later. “It was time to give up for the good of the cause.”

On Monday, Olson, who has appeared before the Supreme Court in more than 50 cases, will try to convince the justices that the Circuit Court of Appeals was wrong in upholding a lower federal court’s decision that allowed the Department of Interior to place 31 acres in trust for the Narragansett Indian Tribe.

Trust status would free the land from most state and local laws and place it under federal and tribal control, something Rhode Island and Charlestown leaders fear would open the door to a casino or other venture immune to state oversight.

Both Charlestown and state officials agreed that they had to appeal to the Supreme Court. Briefs were filed by Olson, on behalf of the governor, by Larisa, for the Town of Charlestown, and by the attorney general’s office.

The dispute surfaced when it came to deciding who should get the 30 minutes allowed to do oral argument.

Supreme Court rules specify that only one lawyer on each side will be heard. Earlier the court rejected Larisa’s first motion asking that the half-hour be divided between him and Olson.

Larisa said he kept lobbying for two presenters because he believed it was in the town’s interest.

“There’s a major scholarly dispute over what’s better, experience or knowledge,” he said. “The town felt that especially since it’s at ground zero, that we want to have both.”

Larisa, 45, has a reputation for not giving up easily. Once the mayor of East Providence, he lost a bid for reelection two years ago by fewer than two dozen votes. He called for a recount, challenged the loss in court and insisted on visually checking the machine-counted ballots. He still lost.

While he has been fighting the court battle, he’s also been running for the East Providence City Council again.

Yesterday’s last-minute resolution drew praise and a sigh of relief from many quarters.

“Joe Larisa needs to be commended for being the stand-up guy that he is,” said James M. Mageau, the acting Town Council president in Charlestown. “Joe decided to finally acquiesce to Mr. Olson, so I think that the people of Charlestown should be proud of him for that.”

Carcieri, who had blasted the Charlestown council for supporting Larisa, thanked both council members and Larisa “for agreeing to support Ted Olson in arguing this extremely important case before the Supreme Court.”

Lynch said it was “a very positive development” for a case in which 21 other states have sided with Rhode Island.

“The stakes are high, but I like our chances for success,” he said.

Larisa said he is talking with Olson and communicating by e-mail and will be sitting with him before the court on Monday.

Olson is scheduled to present at 1 p.m.

redgar@projo.com

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