R 53
2001-H 5486
Enacted 2/6/2001


H  O  U  S  E     R  E  S  O  L  U  T  I  O  N

RESPECTFULLY REQUESTING THE JUSTICES OF THE SUPREME COURT TO GIVE A WRITTEN OPINION UPON A QUESTION OF LAW

Introduced By:  Representatives W.J. Murphy, Aiken, Shavers, Garvey and Flaherty Date Introduced:  February 6, 2001

WHEREAS, Section 3 of Article X of the Constitution of the State of Rhode Island and Providence Plantations provides that "the judges of the supreme court shall give their written opinion upon any question of law whenever requested by the governor or by either house of the general assembly;" and

WHEREAS, There is currently pending before the House of Representatives of the State of Rhode Island, a bill, 01-H- _5485 , "An Act Relating to Public Officers and Employees - Code of Ethics," which, if enacted, would provide that nothing contained in section 36-14-5 of the code of ethics or in the rules and regulations promulgated by the ethics commission shall prohibit or, in any way, restrict the practice of law by any individual, duly admitted to practice in this state, pursuant to the power vested in the supreme court.

WHEREAS, The House of Representatives is in doubt as to the constitutionality of the proposed act; and, now, therefore, be it

RESOLVED, That, in accordance with section 3 of Article X of the Constitution of the State of Rhode Island and Providence Plantations, the House of Representatives of the State of Rhode Island hereby respectfully requests the Justices of the Rhode Island Supreme Court to give a written opinion upon the following question of law: Would the proposed act, 01 H- 5485, if duly enacted into law, be violative of section 8 of Article III of the Constitution of the State of Rhode Island and Providence Plantations?

and be it further

RESOLVED, That a duly certified copy of this resolution, together with a copy of the bill, 01-H 5485 be transmitted forthwith by the reading clerk of the House of Representatives to the clerk of the Supreme Court, to be presented immediately to the Justices of said court for their consideration.


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