Advisory Opinion No. 2002-9

Re: Howard R. Croll, Esq.

QUESTION PRESENTED

The petitioner, a former Woonsocket Probate Court Judge, a municipal appointed position, requests an opinion as to whether he may appear before the Probate Court within a year of his leaving his position.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a former Woonsocket Probate Court Judge, a municipal appointed position, may appear before the Probate Court immediately upon leaving his position since the Woonsocket Probate Court is a court of public record.

The Code of Ethics provides that the petitioner may not represent himself or any other person before any state or municipal agency of which he is a member or by which he is employed. R.I. Gen. Law § 36-14-5(e)(1) and (2). Section 36-14-5(e)(4) extends these prohibitions for a period of one year after the petitioner has officially severed his position with the agency, in this instance the Probate Court. Section 5(e)(4) specifically provides, however, that this extended prohibition does not pertain to matters of public record in a court of law. Accordingly, the petitioner is not subject to the one year waiting period, since he no longer is the Woonsocket Probate Court Judge and the Probate Court is a court of public record.

Code Citations:

36-14-5(e)(4)

Related Advisory Opinions:

99-52
93-57
93-39
93-38
91-49

Keywords:

Revolving Door