Court Rules for Town on Purcell Legal Fees

By Cynthia Drummond for BRVCA
September 28th 2023

RICHMOND – The Rhode Island Supreme Court has denied a motion by Jessica Purcell to require the Town of Richmond to pay her legal fees in her challenge of the appointment of Clay Johnson to the Chariho School Committee.

Three of the five members of the Richmond Town Council, Council President Mark Trimmer and councilors Helen Sheehan and Michael Colasante, voted on Jan. 19 to appoint Johnson to the school committee seat vacated by Gary Liguori.

Purcell, who received the next-highest number of votes, maintained that the town’s Home Rule Charter stated that she should be named to the committee.

Legal Fees

The brief Supreme Court decision, released Wednesday, states that Purcell’s motion was denied and the matter was closed. Justice William Robinson III was the lone dissenter.

Asked to comment on the decision, Purcell said her attorney, Jeffrey Levy had not charged a fee to represent her.

“When I first discussed the situation of the Charter violation with Mr. Levy in January, I made it clear that I did not have the funds necessary to employ his services,” she said. “I am very fortunate that he understood the necessity to seek legal recourse on the matter and he agreed to represent me pro bono for his services, but that I could pay for expenses. I raised money through my campaign finance account for legal and campaign expenses, and will utilize those funds.”

The town has paid Johnson’s legal fees, for the services of attorney Joseph Larisa, which total $22,242.50.

The Case 

Purcell, a Democrat, lost her bid for a School Committee seat by 27 votes.  When Richmond committee member Gary Liguori announced in January that he was moving out of Rhode Island and vacating his seat, it was believed that under the provisions of the town’s Home Rule charter, Purcell, with the next-highest number of votes, would be named to fill the seat.

But Trimmer, Colasante and Sheehan instead appointed Republican, Clay Johnson, to the vacant seat.

Named as defendants in Purcell’s Supreme Court case were Johnson, the Richmond Town Council and the Chariho School Committee.

Oral arguments were presented in April and in July, the court granted Purcell’s petition, with Justice Maureen McKenna Goldberg dissenting.

Levy based his argument on the compatibility of the Chariho Act and the town charter, because the act requires the Town Council to fill a vacant School Committee seat and the charter states that the person the council chooses should be the next-highest vote-getter.

Larisa argued that the Chariho Act and the town charter could not be harmonized because they are fundamentally incompatible. In their opinion, the four justices concluded that the charter superseded the Chariho Act.

The Town’s Responds to the Decision on Fees

Town Solicitor Karen Ellsworth said she was not surprised by the decision.

“This is good news for the town, and it is the decision I expected,” she said.

Trimmer said the case had been complex and had exposed the divisions on the Court.

“The Rhode Island Supreme Court decisions and the dissenting opinions show just how difficult a decision this situation was,” he said. “The whole situation was not clear-cut at all.”

Purcell said she had not expected to win her motion for legal fees.

“Jeff [Levy] said it was a long shot, but I felt we should try because his services were invaluable in doing the right thing for the town and our voters,” she said. “A violation of the Charter was a dangerous precedent.”