In the abstract, the idea of pairing a federal prosecutor and criminal-defense lawyer to teach a class, entitled "Advanced Criminal Procedure," at the Ralph R. Pappito School of Law at Roger Williams University might seem like a good idea. But what if the defense lawyer is state Representative David N. Cicilline -- one of several candidates challenging Providence Mayor Vincent A. "Buddy" Cianci Jr. -- and his co-teacher is Richard W. Rose, lead prosecutor of the Plunder Dome case against Cianci and three codefendants?

Cicilline, an East Side Democrat, says Rose and he have been co-teaching the class for about three years, although time constraints have precluded Rose from taking part since the Plunder Dome trial began in April. "I don't think it has any impact or significance whatsoever," Cicilline says of his role in teaching with Rose. "It never occurred to me that it would be problematic nor did I think it was."

But Greg Gerritt of the Green Party, another of Cianci's four announced challengers, sees the collaboration as a perceptual problem because of Cicilline's mayoral candidacy and Rose's role in prosecuting the current mayor. "My sense is they're probably not doing anything that affects it [the prosecution], but it still looks bad," Gerritt says, particularly since the Plunder Dome trial has highlighted the need for public officials to avoid even the appearance of a conflict. "I wish they weren't doing it and I think it's wrong that they're doing it."

Tom Connell, spokesman for the US Attorney's office, declined to comment.

Although Cicilline says he hasn't made any effort to hide his role in teaching the course with Rose (who supplanted US Attorney Margaret Curran in the classroom), the juxtaposition was first reported last week by talk show host Dan Yorke of WPRO-AM, who has criticized Rose for attending a few social events at Cicilline's home. Cicilline considers Rose a friend, although, he says, they don't socialize regularly outside of the workplace. Although he didn't announce until earlier this year, Cicilline's intention to run for mayor has long been known (see "Battlefield Providence," News, May 18, 2000).

Asked about a potential conflict between Cicilline's mayoral candidacy and Rose's prosecution of Cianci, Bruce Kogan, interim dean of the Pappito School of Law, says, "I don't see them as particularly connected." Cicilline and Rose are "experienced, respected lawyers in their field, and that's why they were invited to join our faculty -- for the purpose of teaching this class. This is not about the Plunder Dome prosecution. This class is about how students learn to deal with a variety of advanced criminal procedural issues."

Bruce A. Green, a former federal prosecutor who directs the Louis Stein Center for Law and Ethics at Fordham University School of Law, takes a similar view.

"I think most people would say it's very unlikely, realistically speaking, that the prosecutor is going to try the case any differently or make discretionary decisions differently because he happens to be co-teaching a course with someone who is also a candidate for mayor and perhaps would like to see the defendant convicted," Green says.

The issue of whether this creates a bad appearance and could lead reasonable people to conclude that the prosecutor is going to be overly zealous is "a harder question," Green adds. "My own view is that reasonable people are going to look at this and not think very much of it. In small communities, which this may not be exactly, prosecutors have all kinds of relationship with people in the community and are generally trusted to be able to do their job in a professional way."

Ian Donnis can be reached at idonnis[a]phx.com.

Issue Date: May 31 - June 6, 2002