Sen. Whitehouse Subject of RI Supreme Court Complaint by Conservative “Judicial Watch”

Sen. Whitehouse Subject of RI Supreme Court Complaint by Conservative “Judicial Watch”

On Monday, Judicial Watch —  which describes itself as "a conservative foundation that fights for accountability and integrity in law, politics and government” announced that it filed a complaint with the Unauthorized Practice of Law Committee of the Rhode Island Supreme Court against U.S. Senator Sheldon Whitehouse (D-RI) -- and Whitehouse's office is firing back saying the group has "no credibility".

Judicial Watch maintained that Whitehouse, who is a member of the Rhode Island bar, filed an amicus curiae brief with the U.S. Supreme Court earlier in August on behalf of four clients while maintaining inactive status as a lawyer.

Judicial Watch also argued that the brief Whitehouse filed was “unbecoming of the legal profession as it is nothing more than an attack on the federal judiciary and an open threat to the U.S. Supreme Court.” The complaint contains a copy of the Whitehouse brief.

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"Senator Whitehouse is a member of the Supreme Court bar and filed nothing in Rhode Island. This attack group has no credibility," said Meaghan McCabe for Senator Whitehouse. 

Complaint in Focus

Judicial Watch stated the following on Monday:

According to the Rhode Island Judiciary website, Senator Whitehouse maintains inactive status. As an inactive member of the Rhode Island bar, Senator Whitehouse cannot practice law in Rhode Island. However, on August 12, 2019, Senator Whitehouse did just that. He filed an amicus curiae brief with the U.S. Supreme Court on behalf of Senators Mazie Hirono, Richard Blumenthal, Richard Durbin, and Kirsten Gillibrand. The filing of a brief – let alone all that is required to file a brief – on behalf of clients is indisputably the practice of law.

To be clear, Senator Whitehouse may not have spoken to his clients, researched the law, or written the brief in Rhode Island. However, he provided a Providence, Rhode Island address to the Rhode Island Judiciary. In addition, there is no dispute that Senator Whitehouse is a Rhode Island resident and spends a substantial amount of his time in Rhode Island. If Senator Whitehouse is practicing law in another jurisdiction, it is merely incidental or temporary. Under the rules, Senator Whitehouse was practicing law in Rhode Island.

Updated Monday 6:33 p.m.