In re Advisory Opinion to the Senate

Summary

The Rhode Island Supreme Court declines to entertain a request from the Senate for an advisory opinion concerning gubernatorial appointments to the Beacon Mutual Insurance Company board. The Court explains that the legislative composition would change after the intervening general election and that the Rhode Island Constitution does not require an advisory opinion to a succeeding legislative body.

Holdings

1. The Court will not entertain an advisory-opinion request from a legislative body when an intervening general election changes the body's composition before the Court can respond, because the constitutional obligation to issue an advisory opinion is limited to questions pending and awaiting action in the body that made the request.

Questions Presented

1. Whether the Court should issue an advisory opinion requested by a Senate whose composition would change before the Court could respond.
2. Whether article 10, section 3, of the Rhode Island Constitution obligated the justices to answer the advisory-opinion request after the intervening general election.

Disposition

other