As Judge Caprio moves on, questions about 'Caught in Providence,' and the profits, are raised
PROVIDENCE — In 2015, the state Ethics Commission gave Rhode Island's own TV judge, Frank Caprio, its blessings to expand his popular "Caught in Providence" into wider broadcast markets.
The Ethics Commission cleared the way based on several representations by the now 86-year-old chief judge of the Providence Municipal Court. Among them: that a single family member — his brother Joseph Caprio — was "considering entering into future commercial relationships with broadcast companies in which he would receive compensation for videotaping and broadcasting the [judge's] Municipal Court proceedings."
The judge himself told the Ethics Commission "he has never and will never accept financial compensation of any kind from the broadcast of these Municipal Court proceedings." The $56,823-a-year, part-time judge also promised that his brother would "not use any City of Providence resources or equipment for the videotaping of the court proceedings."
Much has happened in Judge Caprio's TV world since then.
Who is profiting from the 'Caught in Providence' TV show?
Four of his relatives — including his sons John and David Caprio, the chairman of the state's higher education board — are listed as "producers" of "Caught in Providence" on IMDB.
At the point when the show — shot live in Caprio‘s Providence courtroom with real people taking part in real cases — was renewed by Lionsgate‘s Debmar-Mercury for a second season in prime time by its Law&Crime Network, it had a reported 13 million followers on Facebook alone and 2 million on YouTube.
The potential monetary value of the show is currently unknown, but David Caprio acknowledged during a WPRO radio interview on Monday that he has made "on average" a little more than $100,000 a year from the broadcast, that he did not disclose on his ethics-disclosure filing.
In light of these developments, John Marion, executive director of the citizens advocacy group Common Cause RI, is suggesting that it might be time for a second look — by both the Ethics Commission and the city — at the nature of the Caprios' financial arrangements with the broadcast company, Debmar-Mercury.
"If you look at the facts the Ethics Commission relied upon in 2015 when they gave their blessings to his arrangement, they are drastically different than what we see now," Marion said. "Now we know that this is an incredibly profitable business, and likely many members of the Caprio family are profiting from the TV show. "
"If I were the City of Providence, I would ask myself why this family has [potentially] been able to make millions and millions of dollars using city facilities and a city office, and the City of Providence hasn't received a dime." (City Council spokesman Parker Gavigan confirmed that the city receives no revenue from "Caught in Providence," according to the city finance department.)
It does not appear that the city has benefited from — or exercised any oversight over — the money going in and out of the related "Filomena Fund," which is described on the fund's website as a nonprofit corporation "created as a result of the spontaneous generosity of viewers of 'Caught in Providence'" who wanted to help people down on their luck.
Based at One Center Place, the Providence address of the Caprio law firm, the Filomena Fund's board of directors is headed by Joseph Caprio, president; David Caprio, vice president; and Frank T. Caprio, treasurer.
Asked on Thursday whether the City Council will or should look into the finances of "Caught in Providence," Council President Rachel Miller said, "I think so." She added that "today the council office asked some questions about finances and also about if there was an agreement that existed" with the city about the show. She didn't say whether she felt the city should be getting any money from it.
The prohibitions in the state Ethics Code on public officials benefiting — or potentially benefiting — from their public positions are amplified in the separate R.I. Code of Judicial Conduct, which extends to a judge's family members and requires public reporting of "compensation derived from extrajudicial activities." It is unclear if Caprio ever filed such a report.
More broadly, the code says: "A judge shall not abuse the prestige of judicial office to advance the personal or economic interests of the judge or others, or allow others to do so."
Judge Caprio was not immediately available for comment.
Caprio seeking 'emeritus' status on Municipal Court
Marion posed his questions in response to a Journal inquiry, at a time when the elder Caprio has signaled plans to retire, amid rumblings the City Council is poised to give his chief judge post to someone else, possibly state Rep. John Lombardi.
At last report, Caprio was negotiating for a potential title that does not currently exist: "Chief Judge Emeritus."
David Caprio, a producer on the show, described the negotiations as "a productive, amicable conversation" about a potential deal that would allow the judge to "continue to sit on the bench and adjudicate cases on the regular court rotation." The show would presumably continue filming.
He did, however, disclose an unspecified ownership interest of at least 10% — or $5,000 — in Citylife Productions LLC. (He has not responded to Journal inquiries about the nature of his financial relationship with the company he helped create.)
Here's what is known so far about "Caught in Providence":
“Law&Crime is thrilled to continue bringing Caught In Providence and Judge Frank Caprio to its viewers,” Andrew Eisbrouch, chief operating officer of Law&Crime, said in a statement at the time. “Audiences love the show’s combination of heartwarming moments and humor, and they are looking forward to seeing more.”
“We share Andrew’s sentiment about this beloved judge, and are excited to continue our relationship with the Law&Crime Network on this inspiring and entertaining show,” Debmar-Mercury co-presidents Ira Bernstein and Mort Marcus said, also in a statement.
According to the January 2022 report: "Caught In Providence comes to Law&Crime with more than 13 million Facebook and 2 million YouTube followers. It first premiered on the cable network created by former ABC legal analyst Dan Abrams and backed by A&E Networks in November 2020.
"Law&Crime is available on basic cable packages in most states in the country and on leading OTT services including YouTube TV, Sling TV, Peacock, fuboTV, Philo, Vidgo, Xfinity, Xumo and TV Plus, among many others ... Viewers can watch Caught in Providence on Law&Crime Network Monday through Friday, with back-to-back half-hour episodes from 8-9 p.m. (ET)."
The show's Facebook following has since grown to 15 million.
Dueling opinions on 'Caught in Providence'
As this latest chapter in the Caprio family saga unfolded, retired District Court Judge Stephen Erickson tweeted his concerns.
"I strongly support media access to courts. I strongly oppose repackaging a real court proceeding as profit making entertainment. It demeans the judiciary. It trivializes cases and uses civilians as props. I said this years ago, and hold to it. This should never have been allowed."
On Friday, Steven Feinberg, the head of Rhode Island Film & TV Office, told The Journal he has no information about the finances or inner working of Caprio's Emmy-nominated show, but he is a huge fan.
"When I meet people from around the world and I tell them I am from Rhode Island, they ask me — 'Oh, do you know Judge Caprio?' — from the syndication of the program. And I say, 'Yes, I do.' And they say: 'I love Judge Caprio.'"
"And my feeling is that, that show is a beautiful postcard of Rhode Island to a world audience ... [that] shows Rhode Island as a place for compassion.
"Everyone has their own personal stories that are sometimes heartbreaking ... [and] when they go into Judge Caprio's courtroom they may ... be on the knife's edge, but when they leave Judge Caprio's courtroom, they always leave with dignity," Feinberg said.
Expanding on the theme during a live telephone interview with Caprio, while the judge was visiting his father's home village in Southern Italy in October, WJAR-TV and WPRO-radio personality Gene Valicenti said: "They all seem to [know] him. They like him. They love him. He goes down the streets of Italy, they stop and grab [him] and take a picture."
"They're having a big time for him there. Parades. Ceremonies. Sashes. Imagine that. Welcoming back a native son's son who went to America and made it big."
With staff reports from Amy Russo.
This article originally appeared on The Providence Journal: 'Caught in Providence' show under scrutiny with Judge Caprio's new job
