Case Details

Issues

Common Law Powers

Filing State

RI

Court

Rhode Island Supreme Court

Year

1990

Citation

In re House of Representatives, 575 A.2d 176, 180 (R.I. 1990)

Resolution

the Attorney General of Rhode Island has full prosecutorial powers. The legislature was considering a bill that would remove those powers with respect to prosecution of public officials. The court held that the bill would be unconstitutional under the state constitution.

Case Description

The court held that the proposed legislation, if enacted, would have transferred full prosecutorial authority vested in the state’s attorney general to a special prosecutor selected by the judicial branch of government in violation of the state constitution. Legislature may not “infringe [] upon the fundamental powers of the Attorney General.”