Advisory Opinion No. 2009-36

Rhode Island Ethics Commission

Advisory Opinion No. 2009-36

Re: Jean A. Boulanger, Esq.

QUESTION PRESENTED

The Petitioner, the former Probate Court Judge for the Town of Coventry, a municipal appointed position, requests an advisory opinion regarding whether he may represent clients or otherwise appear before the Coventry Probate Court prior to one year from his termination from service as a Probate Court Judge.

RESPONSE

It is the opinion of the Ethics Commission that the Petitioner, the former Probate Court Judge for the Town of Coventry, may represent clients and otherwise appear before the Coventry Probate Court prior to one year from his termination from service as a Probate Court Judge, given that the Coventry Probate Court is a court of law, and thus, the Petitioner’s proposed actions fall within the exception found at R.I. Gen. Laws § 36-14-5(e)(4).

The Petitioner was the Coventry Probate Court Judge until August 4, 2009; on August 5, 2009, a new Coventry Probate Court Judge was sworn in.  The Petitioner is also an attorney in private practice in the State of Rhode Island.

The Petitioner requests an advisory opinion regarding whether he is prohibited by R.I. Gen. Laws § 36-14-5(e) from performing certain activities prior to the completion of one year from the termination from his service as a Probate Court Judge, including: 1) representing clients before the Coventry Probate Court; 2) appearing before the Coventry Probate Court as an executor or witness; and, 3) accepting appointment as a Guardian Ad Litem in guardianship or other matters before the Coventry Probate Court.

The Code of Ethics provides that the Petitioner may not represent himself or any other person or act as an expert witness 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), (2) and (3). Section 36-14-5(e)(4) extends these prohibitions for a period of one year after the Petitioner has officially severed his position with his agency, in this instance the Coventry 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 prohibited from:  1) representing clients before the Coventry Probate Court; 2) appearing before the Coventry Probate Court as an executor or witness; and, 3) accepting appointment as a Guardian Ad Litem in guardianship or other matters before the Coventry Probate Court, prior to one year from the termination of his duties as Coventry Probate Court Judge, given that the Probate Court is a court of public record, and thus, the one-year waiting period found at R.I. Gen. Laws § 36-14-5(e)(4) does not apply in this instance.  See A.O. 2002-9 (opining that a former Woonsocket Probate Court Judge may appear before that Probate Court immediately upon leaving his position since the Woonsocket Probate Court is a court of public record).

Finally, the Petitioner is advised that this opinion solely address the application of the Rhode Island Code of Ethics.  We do not offer any opinion as to whether the Petitioner’s proposed activities are consistent with the Rhode Island Rules of Professional Conduct for attorneys, or any other code of conduct, rule, regulation, ordinance, charter or statute.

Code Citations :

R.I. Gen. Laws § 36-14-5(e)

Related Advisory Opinions :

A.O. 2002-9

Keywords :

Revolving Door