Lemoine v. Martineau

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 they be htigartts, counsel of record, or witnesses, need not appear at the trial of any civil or criminal action then being held in the courts of this state, and that any process…