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March 27, 2008

High court to hear advisory request on privatization law

PROVIDENCE -- The state's highest court has agreed to hear Governor Carcieri's request for an advisory opinion on the constitutionality of a law passed in June that blocks the governor from using private companies to conduct state business.

The state Supreme Court has decided that the governor, the House speaker, the Senate president, the attorney general, and other interested parties may file briefs on the governor's question on or before May 9.

Responsive briefs will be filed on or before June 20. A date for arguments will be set after briefs are filed.

The court's order denied a request from the governor for a conference with Supreme Court's chief justice.

The governor's office on March 18 delivered a request for an advisory opinion regarding whether the law, which opponents call an anti-privatization measure, is constitutional. The governor has expressed opposition to the law as something that will hurt the ability of state government to work. His 2008-09 state budget plan calls for replacing certain positions with nonunion contractor, which could produce savings through lesser salaries and benefits.

The order reiterates that an advisory opinion means the justices "speak in our individual capacities, as legal experts rather than as Supreme Court justices. The members, then, "do not exercise the judicial power" and the opinion is "not binding and it carries no mandate."

-- projo.com staff writer Michael P. McKinney, with Journal archival reports

Posted by Mike McKinney  at 7:05 PM | Permalink

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