It was Judge Fortunato who dismissed the Board of Elections case against Governor Carcieri, so I have to give him credit for making fair rulings.

Still, I don't think it's out-of-line to point out that someone who describes the job of a judge as being "a part-time referee in the class struggle" might bring certain biases to particular cases.

Typical Fruit Loops Fortunato.
He's not a judge he's an ideologue in a robe with a strong socialist/leftist/wanking off with unions history.
Next Friday's hearing is for show.
That's all it is.
Doesn't matter what case the Gov's lawyers bring Fruit Loop will side with his union hack friends.
Gov's lawyers should not put much effort into next Friday.
The fix is in!
They should concentrate on the legal arguments they will make before the Supreme court on appeal.
Beacon Mutual and its' ugly under belly are a reminder of just how far and wide the corruption goes in this state.
Don't forget Judge Fundberg. She refused the Dept. of Business regulation request to look at the computer hard drives at Beacon.
That was widely considered to be a terrible judicial decision.
The corruption runs wide and deep and on both sides of the aisle.
It's not a Democrat/Republican game.
It's an insiders game.

Why would anyone be surprised by that ruling. Once again the mob rules and the law sits on a shelf. These board members had a contractual obligation with the taxpayers of the state to look out for the interest of the policy holders. There contract had clear language that allowed the Govenor to remove them for cause. I guess murder is the only just cause in RI.
It is amazing that we sit on the outside and do nothing to make a difference. Where is the outcry from the small business owner? This State and it's citizens are pathetic!!!!

Those two guys' terms are almost up. Carcieri could've quietly let them expire, then appointed his people. Instead, a governor who has shown terrific political instincts over the past four years has overplayed his hand.

Unfortunately, this Beacon saga shows just how broad and deep go the roots of Rhode Island's "culture of corruption." Indeed, it has become so ingrained in the culture that many people who live here (as opposed to observers from other states) sincerely cannot see why the behavior on display is wrong. Moreover, as RI's economic pie shrinks, we should logically expect this type of behavior to intensify, as different factions fight to hold onto their respective slices of it. As evidenced by the latest Rasmussen poll, the "system" in Rhode Island now seems to be very closely split between those that want to change the system, and those who will resist this at all costs, because they believe change represents a loss for them (be it political, ideological, or economic). Sad to say, as in all similar cases, the advantage lies with the latter group, because the former can simply leave (and improve their lives in the process, with less aggravation and risk). I therefore believe that the outcome of the battle now raging in RI utlimately depends on the results of the federal and state anti-corruption investigations that have been underway for so long (and which now look like they have been extended by Beacon). If the indictments are wide and deep, they may provoke sufficient outrage to fundamentally alter the political culture in RI (either through legislative changes or change in the membership of the General Assembly). If this doesn't happen, I think a lot of people will simply leave the state over the next few years, after concluding that the outlook for change is hopeless.

Let's not get carried away here. Judge Fortunato, who I have argued before a number of times, did as expected. He issued a TRO and kept the status quo until the issues before him could be sorted out. He needs to have briefs prepared so that he fully acquaint himself with the situation. It's clear that he sees Beacon as a unique entity, neither exactly a public agency or a private company. It's an interesting legal issue.

Dan Yorke and others are way out of line attacking the Court for this ruling. Whether or not you like Nee and Boeniger, the Court House door is open for them, just like anyone else. Fortunato is most assuredly not in anybody's pocket. The Couts issue many TROs that end up dissolved when an examination of the issues determines that the plaintiff ultimately can't win. All the judge was saying that as of yesterday he didn't know enough, and therefore a TRO was appropriate and predictable.

>>If the indictments are wide and deep, they may provoke sufficient outrage to fundamentally alter the political culture in RI (either through legislative changes or change in the membership of the General Assembly). If this doesn't happen, I think a lot of people will simply leave the state over the next few years, after concluding that the outlook for change is hopeless.

John –

I don’t think that Beacon will do it. It is “small potatoes” compared to RISDC, which didn’t precipitate a citizen “revolt” in this state (and RISDC impacted the wallets of “working families” whereas Beacon impacts the wallet of “business”).

Further, without a strong opposition party to push the issue, who will? The RIGOP is a joke, for they can’t even decide IF they wish to be an opposition party. The various government reform groups are coalescing and becoming stronger, but have a long way to go before matching the power of unions (with forced-dues funding) and the welfare lobby (and its inalterable sycophants like Teresa Paiva-Weed and ready-made media props whose busy schedules allow them to show up for “demonstrations” as and when called).

People are already leaving the state, a concept that becomes increasingly appealing to me with each passing year. I think this will continue, and accelerate.

The prospect I see for a taxpayer / “working family” / citizen revolt in this state is a few years down the road (though building a foundation now is certainly called for). When the new accounting rules take effect, requiring states and municipalities to calculate the “unfunded liability” of the contractual retirement promises they have made to the public sector unions, all hell will break loose. In Rhode Island overall the total number will easily stretch into the billions, and in certain municipalities hundreds of millions.

Since there are no further substantive funding mechanisms to tap – the property tax is about maxed out, as are the income and sales taxes – there will be a battle between the public sector unions demanding no cuts; the welfare lobby demanding no cuts; and senior citizens / working families saying “no more” (and perhaps there will be a few high-profile businesses threatening to move out if threatened further tax increases are imposed).

(BTW, if not already in place, expect to then see casino proponents pushing one as the “magic bullet” fix.)

The vast majority of Rhode Islanders have shown themselves to be resigned to corrupt government, unwilling to fight for it for its own sake. They’ve also shown inexplicable quiescence to ever rising tax burdens. But, as (I believe) economist Herbert Stein once said, “if something can’t continue, it won’t.” There will be a “tipping point” at which the demands of the “tax eaters” finally cause the proverbial rioting in the streets by the taxpayers.

The only question is, by the time that it occurs, will Rhode Island’s economy be so hollowed-out that we resemble Atlantic City – a few casinos facing some pretty scenery, surrounded by a populace overwhelmingly living in poverty?

Hey I heard that Judge Fortunato was out drinking last night with Patrick.

J Mahn

Andrew, you say you're giving Fortunato credit for fair rulings?!?! If Fortunato had ruled against Carcieri on the Board of Elections case, it would have been simply outrageous and no doubt overturned by a future court.

This ruling is merely giving Nee and Boeniger an additional procedural step. Carcieri hasn't overplayed his hand, he's right and in the end Nee and Boeniger will be history.

That's called being courageous.