Providence Journal photo / Bob Thayer
Superior Court Judge Sarah Taft-Carter hears from lawyer for the state John Tarantino about why she should recuse herself from the pension case.
PROVIDENCE, R.I. -- Superior Court Judge Sarah Taft-Carter heard arguments Friday on the state's motion to dismiss union lawsuits challenging the constitutionality of Rhode Island's state pension overhaul.
Lawyers for the unions argued that the case should continue because there is ample evidence of a possible contract violation and pointed to the judge's own decision of last year, in which she said there was an "implied contract" in the state retirement system, which was created by statute.
John Tarantino, the state's lawyer, argued that there was no such implied contract unless specifically written as such and "the role of the legislature is not to make contracts ... it is to make law, policy."
Taft-Carter said she would rule on the motion at a later time. She did, however, deny a request, again by the state, that she recuse herself because she has an uncle and a mother who receive retirement benefits, and a son who is in the retirement system.
Taft-Carter said those interests were insignificant and therefore she did not have to recuse herself from the case and pledged to both sides that she would be fair.
The Rhode Island Supreme Court on Thursday turned down the state's request to block Taft-Carter from presiding over the lawsuits.