Chapter
220
2007 -- H 6324 SUBSTITUTE A
Enacted 07/02/07
A N A C T
RELATING TO COURTS
AND CIVIL PROCEDURE - COURTS - JUDICIAL SELECTION
Introduced By: Representative Robert A. Watson
Date Introduced: April 26,
2007
It is
enacted by the General Assembly as follows:
SECTION
1. Section 8-16.1-6 of the General Laws in Chapter 8-16.1 entitled
"Judicial
Selection"
is hereby amended to read as follows:
8-16.1-6.
Nomination and appointment of judges. -- (a) (1) The governor
shall
immediately
notify the commission of any vacancy or prospective vacancy of a judge of any
state
court
other than the Rhode Island supreme court. The commission shall advertise for
each
vacancy
and solicit prospective candidates and shall consider names submitted from any
source.
Within
ninety (90) days of any vacancy the commission shall publicly submit the names
of not
less
than three (3) and not more than five (5) highly qualified persons for each
vacancy to the
governor.
(2)
Notwithstanding any other law to the contrary, any individual whose name was
publicly
submitted to the governor by the commission as described in subsection (1)
above, shall
also
be eligible for subsequent nomination by the governor for any vacancy or
prospective
vacancy
of a judge in the same court for which that particular individual had
previously applied
except
for a vacancy in the position of presiding justice, chief justice, or chief
judge.
(3)
Such individuals shall remain eligible for nomination to fill any vacancy or
prospective
vacancy within the same court to which they previously applied for a period of
five
(5)
years from the date their name or names were publicly submitted to the governor
by the
commission
unless such individuals withdraw from future consideration in writing to the
judicial
nominating
commission. However, such individuals must reapply for any subsequent vacancy
or
prospective
vacancy in the same court for the position of presiding justice, chief justice,
or chief
judge.
(4)
Subject to the eligibility requirements set forth above, the The
governor shall fill any
vacancy
of any judge of the Rhode Island superior court, family court, district court,
workers'
compensation
court, administrative adjudication court, or any other state court which the
general
assembly
may from time to time establish, by nominating one of the three (3) to five (5)
highly
qualified
persons forwarded to him or her by the commission for the court where the
vacancy
occurs.,
or by nominating another individual who has previously applied for a vacancy or
prospective
vacancy within the same court and whose name had been previously publicly
submitted
to the governor within the previous five (5) years.
(b) The governor shall fill any vacancy within twenty-one (21) days of the
public
submission
by the commission.
(c) Each nomination shall be forwarded delivered forthwith to the
secretary of the senate
for
presentation to the senate, and by
and with the advice and consent of the senate, each nominee
shall be
appointed by the governor to serve subject to the general laws. The senate
shall, after
seven
(7) calendar days of receipt of the nomination consider the nomination, but if
the senate
fails
within sixty (60) days after the submission to confirm the nominee or if the
senate does not
by a
majority vote of its members extend the deliberation an additional seven (7)
calendar days,
the
governor shall appoint some other person to fill the vacancy and shall submit
his or her
appointment
to the senate for confirmation in like manner until the senate shall confirm
the
nomination.
If the nominee is rejected by the senate, the commission shall submit a new
list of
three
(3) to five (5) candidates to the governor for the purpose of nomination in
accordance with
this
chapter. Any new list may include but need not be limited to the names of any
candidates
who were
previously submitted to the governor by the commission but who were not
forwarded
to the
senate for its advice and consent.
(d) During the time for consideration of the nominees by the senate, the senate
judiciary
committee
shall conduct an investigation and public hearing on the question of the
qualifications
of the
nominee or nominees. At the public hearing, the testimony of every witness
shall be taken
under
oath and stenographic records shall be taken and maintained. Further, the
senate judiciary
committee
shall during the course of its investigation and hearing have the power upon
majority
vote of
the committee members present to issue witness subpoenas, subpoenas duces
tecum, and
orders
for the production of books, accounts, papers, records, and documents which
shall be
signed
and issued by the chairperson of the committee, or the person serving in his or
her
capacity.
All such subpoenas and orders shall be served as subpoenas in civil cases in
the superior
court
are served, and witnesses so subpoenaed shall be entitled to the same fees for
attendance
and
travel as provided for witnesses in civil cases in the superior court. If the
person subpoenaed
to
attend before the committee fails to obey the command of the subpoena without
reasonable
cause,
refuse to be sworn, or to be examined, or to answer a legal and pertinent
question, or if any
person
shall refuse to produce books, accounts, papers, records, and documents
material to the
issue,
set forth in an order duly served on him or her, the committee by majority vote
of the
committee
members present may apply to any justice of the superior court, for any county,
upon
proof by
affidavit of the fact, for a rule or order returnable in not less than two (2)
nor more than
five (5)
days, directing the person to show cause before the justice who made the order
or any
other
justice of the superior court, why he or she should not be adjudged in
contempt. Upon the
return
of the order, the justice before whom the matter is brought on for hearing
shall examine
under
oath the person, and the person shall be given an opportunity to be heard, and
if the justice
shall
determine that the person has refused without reasonable cause or legal excuse
to be
examined
or to answer a legal and pertinent question, or to produce books, accounts,
papers,
records,
and documents material to the issue which he or she was ordered to bring or
produce, he
or she
may forthwith commit the offender to the adult correctional institution, there
to remain
until
the person submits to do the act which he or she was so required to do, or is
discharged
according
to law.
(e) The committee shall, for the purpose of investigating the qualifications of
the
nominee
or nominees, be furnished with a report compiled by the state police in
conjunction with
the
attorney general's office indicating the determinations and findings of the
state police and
attorney
general's office investigations concerning the background of the nominee or
nominees,
and the
report shall include, but not be limited to, the following:
(1) Whether the nominee has ever been convicted of or pleaded guilty to a
misdemeanor
or
felony in this or any other state or foreign country;
(2) Whether the nominee has ever filed a personal bankruptcy petition or an
assignment
for the
benefit of creditors in this or any other state or foreign country; and whether
the nominee
has ever
been a partner in, held ten percent (10%) or more of stock in, or held office
in any sole
proprietorship,
partnership, or corporation that has been involved in bankruptcy or
receivership
actions
as a debtor or because of insolvency at the time the nominee was a partner in,
held ten
percent
(10%) or more stock in, or held office in any such sole proprietorship,
partnership, or
corporation;
(3) Whether the nominee has ever had a civil judgment rendered against him or
her
arising
out of an allegation of fraud, misrepresentation, libel, slander, professional
negligence, or
any
intentional tort in this state or any other state or foreign country;
(4) The state police in conjunction with the attorney general's department
shall provide
in their
report the names and addresses of each and every source of their information.
(f) The reports set forth in this section shall be delivered to the chairperson
and members
of the
senate judiciary committee in addition to the nominee or nominees only prior to
the
commencement
of the public hearing. Provided, however, that if the nominee or nominees
withdraw
or decline the appointment prior to the public hearing then the report or
reports shall be
returned
to the chairperson of the judiciary committee and destroyed.
(g) The committee shall also require a financial statement to be submitted by
each
nominee,
prior to the public hearing, to the chairperson of the senate judiciary
committee, to
investigate
each nominee to determine his or her compliance with the provisions of chapter
14 of
title
36.
(h) Any associate justice of any state court who is appointed to serve as the
chief or
presiding
justice of that court on an interim basis shall retain his or her status as an
associate
justice
until the appointment to chief or presiding justice is made permanent.
(i) In case a vacancy shall occur when the senate is not in session, the
governor shall
appoint
some person from a list of three (3) to five (5) persons submitted to the
governor by the
commission
to fill the vacancy until the senate shall next convene, when the governor
shall make
an
appointment as provided in this section.
SECTION
2. This act shall take effect upon passage and shall apply to all lists issued
by
the
judicial nominating commission since July 1, 2002 and shall sunset and be
repealed on June
30,
2008.
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LC02786/SUB A
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