High court judge spends a year fighting low-dollar fine

PROVIDENCE (RI)
Boston Globe

March 5, 2020

By Edward Fitzpatrick

A R.I. Supreme Court justice has been fighting a $200 ethics fine for months — using a taxpayer-funded insurance policy

The fine came to just $200.

But a Rhode Island Supreme Court justice has spent the past year fighting a legal battle, paid for by a publicly financed insurance policy, to avoid that ethics code penalty.

In February 2019, the state Ethics Commission fined Justice Francis X. Flaherty $200 for failing to disclose that he was the president of a Catholic legal group while he was ruling on a priest sexual abuse case.

Flaherty appealed the ruling nearly a year ago, and oral arguments are set for Wednesday morning in state Superior Court before Judge Brian P. Stern.

“Normally, people settle for a nominal fine, but Justice Flaherty seems to be trying to make some points about his view of the code of ethics,” said John M. Marion, executive director of Common Cause Rhode Island. “It seems like a giant waste of time and resources.”

Flaherty declined to comment Tuesday, and his lawyer, Marc DeSisto, said he won’t comment until the case is over.

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