From ProJo:
The flights are booked, hotel rooms reserved, but who these Rhode Island visitors will see Monday in the leading role before the U.S. Supreme Court remains unknown.
The court will be hearing oral arguments in a landmark case that could resolve, once and for all, who controls the 31 acres of land in Charlestown owned by the Narragansett Indian tribe.
Both the state and the Town of Charlestown agree that they don’t want the land to be held in federal trust, and, thus, free of most state and local laws. But for weeks they have been unable to agree on which lawyer can best represent their interests in oral argument before the court.
The options: a hotshot lawyer with impeccable credentials who has argued before the nation’s highest court many times, or a Rhode Island lawyer involved in the case for a decade who has never appeared before the Supreme Court.
Governor Carcieri backs Theodore B. Olson, former U.S. solicitor general, and he made a last-ditch effort Wednesday to strong-arm the Charlestown Town Council into agreeing. The council has backed Joseph S. Larisa Jr., its assistant solicitor on Indian affairs.
In letters to the four council members Wednesday, Carcieri charged that they were contributing to “a circus-like atmosphere” surrounding the case and demanded they resolve the deadlock by supporting Olson in time to meet the court’s noon deadline yesterday.
Acting Council President James M. Mageau made three futile attempts to convene a council meeting yesterday to consider withdrawing its support of Larisa. But Councilors Katharine H. Waterman and Harriet Allen made themselves scarce, leaving the council without a quorum each time.
“Some people just don’t have the courage of their own convictions,” Mageau said of Waterman and Allen. Mageau and Councilman Bruce Picard said yesterday that they now support Olson as long as Larisa can sit with Olson before the court and be recognized as part of the state’s legal team.
After the morning meeting failed to materialize, Governor Carcieri and Attorney General Patrick C. Lynch asked the court by letter to designate Olson to argue the case. Lynch cited alarm “at the prospect of the U.S. Supreme Court refusing to hear the land-trust case because of the intransigence and narcissism of the Town’s of Charlestown’s part-time lawyer.”
Mageau tried again at 3 p.m. Once again, Allen and Waterman didn’t show.
Mageau rescheduled to 4 p.m. and dispatched Town Clerk Jodie LaCroix to compel Allen and Waterman to attend by phone as per Town Charter. Neither answered, she said. And neither appeared.
Waterman did not return a phone call last night. Allen said she chose not to attend because it makes more sense to have both attorneys participate. “Of course, you want both attorneys to present; of course, you want both attorneys to be available to answer questions,” she said.
Earlier this week, Larisa filed an emergency motion asking the justices to intervene in the local spat. He asked that they reconsider the town’s request to split arguing time with the state or order the parties to flip a coin. The court will weigh Larisa’s motion in conference this morning.
“We are extremely disappointed and outraged that the Town Council couldn’t come together to make a decision that’s extremely important to the town and state,” said Amy Kempe, the governor’s spokeswoman. “Their actions and inactions may negatively influence the decision of the Supreme Court.” Furthermore, she said, “It’s outrageous and embarrassing.”
Larisa, who is also running for City Council in East Providence, defended his position and swiped back.
“While the attorney general continues the highly personal attacks on me and the town, the sad mystery is why he has fought so hard to stop a resolution of this matter that is in the best interests of the people of the state and town; that is, a divided argument between Olson and Larisa …,” he said.
Seven Charlestown officials, including Waterman and Allen, will observe Monday’s arguments, as will the governor. Lynch was waiting to learn the results of today’s Supreme Court conference.
Narragansett Indian Chief Sachem Matthew Thomas is also expected to attend, along with tribal council members.
Turtle Talk 