Politics

Comments | Recommended

A strong voice for the courts

01:00 AM EST on Friday, December 12, 2008

By Cynthia Needham and Steve Peoples

Journal State House Bureau

PROVIDENCE –– In his eight years as Supreme Court chief justice, Frank Williams did not tread lightly.

The state’s top judge wielded considerable political control on Smith Hill, pushing the construction of two new courthouses, and plans for a third, while executing a “power grab” that effectively cut the governor out of budget decisions affecting the judiciary.

“As an advocate for the judiciary, Williams had a vision from day one,” said outgoing Senate President Joseph A. Montalbano. “He had plans, and one by one he went forward with those plans. Like it or not, call him a politician or not, he needed to interact with the legislature and he did.”

Montalbano remembers first meeting with Williams when he was still a nominee for the job: Williams appeared for his meeting with legislators, a white piece of paper tucked in his hand, scribbled with a list of everything he hoped to accomplish if confirmed.

Three new courthouses were on the list. So was budget autonomy for the judiciary.

Nearly as soon as his nomination was official, the chief justice became a presence at the State House, regularly and sometimes loudly advocating for the courts as he worked his way through his roster of plans.

“He had a passion and zeal for the judiciary,” said Montalbano. “Maybe his style is a little over the top compared to other chief justices but in his belly his motivation has been to keep that system strong and independent and I respect that tremendously.”

Indeed, Williams’ aggressive and often controversial style contrasted with that of his predecessor, retired Chief Justice Joseph R. Weisberger.

Williams may have been the first to deliver an annual “state of the judiciary” speech to the entire General Assembly. And he brought the high court out of the 7th floor of the Licht Judicial Complex, in Providence, to the people, introducing a traveling “circuit” that held sessions in various public locations.

“Williams took a different approach,” said longtime lawmaker and lawyer Sen. Charles Levesque. “He was more out front. He did things like the state of the judiciary. He did the ‘going on the circuit’ thing. In all those respects he was extraordinary.”

But some will remember Williams most for his successful 2004 push to limit the governor’s power over the judiciary’s annual budget.

The move, executed in the waning days of the legislative session, shifted control of the courts’ purse strings from the executive branch to the judiciary. Advocates for open government blasted the move as a power grab, but lawmakers applauded Williams for trying to ensure that the judiciary was treated as a separate, equal branch of government.

“He was a visionary who made sure that the stature of the judiciary was that it was always a coequal branch of state government with its own budget,” House Speaker William J. Murphy said yesterday.

Also under Williams’ watch, the judiciary opened a $60-million Kent County Court House in August 2006. Just a few months later, the state opened a $21.8-million Traffic Tribunal in Cranston.

But the state’s deepening budget deficits stymied Williams’ plans for a third building. In June, the governor vetoed legislation pledging $88 million for a Blackstone Valley Courthouse.

And Rhode Island’s continuing deficit has left open the possibility that the judicial budget will be cut next year to help fill gaps in the state’s finances.

Montalbano acknowledged that the chief justice was frustrated by the lack of progress on the courthouse and worried about what the future would hold.

Carcieri would not say yesterday whether he planned to cut the judiciary’s funding in the budget-balancing plan he will release soon. In a separate statement, the governor praised Williams for his service.

“During his tenure, Rhode Island saw the modernization of the court system and the strengthening of the identity of the judicial branch,” Carcieri said. “He has left an indelible mark on the Rhode Island judicial system and the larger civic community and will be greatly missed on the bench.”

cneedham@projo.com

Advertisement

Reader Reaction