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June 2, 2006

R.I. high court stays out of dispute in lead-paint case

The state Supreme Court declined today to rule on charges by defendants in the state’s precedent-setting lead paint public nuisance case that the state improperly enlisted private lawyers to argue its case.

The defendants argued that the state’s contingency fee agreements with the law firms of Motley Rice and Decof & Decof amounted to "an unlawful delegation of the Attorney General’s authority" and violated their rights to due process.

The defendants were joined by such outside groups as the Washington Legal Foundation, the Product Liability Advisory Council, Inc., the Chamber of Commerce of the United States and the American Tort Reform Association.

Chief Justice Frank J. Williams, writing for the court, noted that the court does not issue advisory opinions. It also will not decide on constitutional issues when it is clear a case can be decided more readily on other issues.

Williams noted that a remedy has yet to be crafted in response to the jury’s verdict for the state. And more appeals are pending.

Since the arguments raised by the defendants over hiring legal counsel involve "novel questions of constitutional law in this jurisdiction,’’ Williams said the justices decided to postpone their review until the many other issues in the case are resolved.

-- Journal environment writer Peter B. Lord

Posted by Steve Peoples  at 3:54 PM | Permalink

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