Justice Fay succeeded Justice Bevilacqua. In 1993, Chief Justice Thomas Fay resigned in the face of revelations of unethical conduct and the prospect of impeachment. Chief Justice Fay was dabbling in a secret court slush fund purchasing expensive meals, liquor, flowers and parties. Chief Justice Fay was also known to fix traffic cases on behalf of friends and relatives. Note: this slush fund was supported by Chief Justice Weisberger in a letter requested by Chief Justice Fay. Fay also used court offices for his private land business. Fay, and then court administrator Matthew Smith, presided over a court patronage empire.
Atty. John T. Duffy stated, "Justice Fay often elevated the qualifications of former RI House Speaker Matthew Smith in defending his selection as state court administrator. Smith was later removed for misconduct. Fay presented Smith's background which included managing archives at Providence College, directing a staff of one or two and having an incomplete doctorate to those of a CEO with a Fortune 500 company." Read Justice Weisberger's comments.