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THE RHODE ISLAND HOUSE OF REPRESENTATIVES REQUESTS OF THE RHODE ISLAND SUPREME COURT THAT THE ADVISORY OPINION SOUGHT REGARDING HOUSE BILL 2001-H 5485 BE WITHDRAWN

WHEREAS, On February 6, 2001, on behalf of the House of Representatives, the Speaker of the House requested that the Supreme Court issue an advisory opinion regarding the constitutionality of legislation then pending before the House, bill 2001-H 5485; and

WHEREAS, On the date that the request for an advisory opinion was transmitted to former Chief Justice Weisberger, there were then no complaints pending before the Ethics Commission in which the issues which would likely be addressed in the advisory opinion request could be raised; and

WHEREAS, Subsequent to the transmittal of the advisory opinion request, however, a complaint has been filed at the Ethics Commission against the Speaker of the House; and

WHEREAS, It is likely, therefore, that the issues which underlie the advisory opinion request will be raised in the context of that complaint; and

WHEREAS, The Supreme Court has consistently recognized and almost always applied the "pending litigation" exception to its otherwise constitutional duty to render an advisory opinion upon a proper request; and

WHEREAS, The Court has, with one exception, consistently declined to render advisory opinions when the issues raised by the advisory opinion request are implicated in pending litigation, including litigation before administrative agencies; and

WHEREAS, After careful consideration of the present circumstance, we have concluded that the request for an advisory opinion ought to be withdrawn; now, therefore, be it

RESOLVED, That the Secretary of State be and he is hereby authorized and directed to transmit a duly certified copy of this resolution to Chief Justice Williams, Rhode Island Supreme Court, 250 Benefit Street, Providence, Rhode Island forthwith.