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LEMOINE v. MARTINEAU

Nos. 75-72-M. P., 75-78-M. P.

342 A.2d 616 (1975)

Linda LEMOINE et al. v. Paul MARTINEAU et al. STATE v. Edward F. CHOINIERE.

Supreme Court of Rhode Island.

July 29, 1975.

Attorney(s) appearing for the Case

Robert M. Brennan, Richard Bruce Feinstein, Providence, for Linda Lemoine.

J. Joseph Nugent, Jr., Providence, for Edward F. Choiniere.

Joseph M. Hall, George M. Vetter, Jr., Jeremy W. Howe, Newport, for R. I. Bar Assn., amicus curiae.

Joseph V. Cavanaugh, James M. Micali, Providence, for Paul Martineau.

Julius C. Michaelson, Atty. Gen., William G. Brody, Special Asst. Atty. Gen., for the State.

OPINION

KELLEHER, Justice.

We have issued our writ of certiorari in each of the above cases and consolidated them for hearing. The single issue before us is whether the provisions of G.L.1956 (1968 Reenactment) § 22-4-3 constitute an unconstitutional encroachment on Rhode Island's judicial system by the General Assembly. We hold that they do.

In essence § 22-4-3 provides that during the time the Legislature is in session its members, whether...

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