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Justice Williams’s patronage grab

06:49 PM EDT on Tuesday, July 3, 2007

Certain members of the Rhode Island House leadership and the administrative head of the state judicial branch, Supreme Court Chief Justice Frank Williams, are collaborating to undermine provisions of the state constitution to create a needless additional unconstitutional patronage position in the Rhode Island Traffic Tribunal.

The state constitution, which is a sacred contract between the voters and the three branches of state government, Article V, requires separate judicial power, Article X, §1, §2, only to be exercised by judges approved by the Judicial Nominating Commission, Article X, §4, appointed by the governor, Article X, §5, and approved by the state Senate, as a check and balance upon the abuse of concentrated power, pursuant to Article VI, §1, the Constitutional Supremacy Clause. Magistrates have no constitutional power to enter judgments.

The proposed House Finance Committee legislation, as a rider on the appropriations bill, would eliminate the role of the distinguished Chief District Court judge, Albert DeRobbio, a former Superior Court judge, as the administrative head of a the Traffic Tribunal, and replace his judicial functions with a new magistrate appointed by Frank Williams. The replacement magistrate, suggested by Williams and certain House members, would then have the power to appoint other Traffic Tribunal magistrates, reputedly from among referrals by certain House members.

Electors should contact their state representatives and senators to stop this unconstitutional patronage power grap.

KEVEN A. McKENNA

Providence