Chapter
359
2008 -- H 8182
Enacted 07/05/08
A N A C T
RELATING TO COURTS
AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION
Introduced By:
Representative Donald J. Lally
Date Introduced: April 22,
2008
It is
enacted by the General Assembly as follows:
SECTION
1. Section 8-16.1-2 of the General Laws in Chapter 8-16.1 entitled
"Judicial
Selection"
is hereby amended to read as follows:
8-16.1-2.
Judicial nominating commission. -- (a) There is hereby established an
independent
nonpartisan judicial nominating commission which shall consist of nine (9)
members,
all of whom shall be residents of the state of Rhode Island, and who shall be
appointed
as
follows:
(1) Within seven (7) days after June 2, 1994:
(i) The speaker of the house of representatives shall submit to the governor a
list of at
least
three (3) attorneys;
(ii) The president of the senate shall submit to the governor a list of at
least three (3)
persons
who may be attorneys and/or members of the public;
(iii) The speaker of the house of representatives and the president of the
senate shall
jointly
submit to the governor a list of four (4) members of the public;
(iv) The minority leader of the house of representatives shall submit to the
governor a list
of at
least three (3) members of the public; and
(v) The minority leader of the senate shall submit to the governor a list of at
least three
(3)
members of the public.
(2) Within fourteen (14) days after June 2, 1994, the governor shall appoint to
the
commission:
(i) One person from each of the lists submitted in accordance with subsection
(a)(1) of
this
section;
(ii) Three (3) attorneys, without regard to any of the lists; and
(iii) One member of the public, without regard to any of the lists.
(3) The governor and the nominating authorities hereunder shall exercise
reasonable
efforts
to encourage racial, ethnic, and gender diversity within the commission.
(b) Members of the commission shall serve for terms of four (4) years, except
that, of the
members
first appointed:
(1) The individual appointed from the list submitted by the minority leader of
the house
of
representatives and one of the attorneys appointed by the governor without
regard to any of the
lists
shall serve for one year;
(2) The individual appointed from the list submitted by the minority leader of
the senate
and one
of the attorneys appointed by the governor without regard to any of the lists
shall serve
for two
(2) years;
(3) The individual appointed from the list submitted jointly by the speaker of
the house
of
representatives and by the president of the senate and the member of the public
appointed by
the governor
without regard to any of the lists shall serve for three (3) years; and
(4) The individuals appointed from the lists submitted by the president of the
senate and
by the
speaker of the house of representatives and one of the attorneys appointed by
the governor
without
regard to any of the lists shall serve for four (4) years.
(c) No member person shall be reappointed to the commission
appointed at any time to
serve
more than one term as a member of the commission; provided, however, that a person
initially
appointed to serve twelve (12) months or less of a full four (4) year term may,
upon
expiration
of that term, be reappointed to serve one full term; and provided further,
however, that
each
member shall continue to serve until his or her successor is appointed and
qualified. No
commission
member shall be a legislator, judge, or elected official, or be a candidate for
any
public
office, or hold any compensated federal, state, or municipal public office or
elected office
in a
political party during his or her tenure or for a period of one year prior to
appointment. No
member
of the commission may hold any other public office (except that of notary
public) under
the laws
of the United States, of this state, or of any other governmental entity for
which
monetary
compensation is received. No members shall be eligible for appointment to a
state
judicial
office during the period of time he or she is a commission member and for a
period of
one year
thereafter. No two (2) or more members of the commission shall be members or
employees
of the same law firm, or employees of the same profit or nonprofit corporation.
Vacancies
other than those arising through the expiration of a term shall be filled for
the
unexpired
portion of the term in the same manner as vacancies due to the expiration of a
term.
(d) A quorum consisting of five (5) members shall be necessary in order for the
commission
to conduct any business. All names submitted to the governor by the commission
shall be
approved by at least five (5) members of the commission voting in favor of each
selection.
(e) The commission shall have the power to adopt rules and procedures which aid
in its
selection
of the most highly qualified nominees for judicial office. The governor shall
designate a
member
of the commission to serve as chairperson, who shall serve in that capacity for
the
duration
of his or her tenure. All meetings of the commission shall be subject to the
open
meetings
law as defined in chapter 46 of title 42.
(f) The commission is hereby authorized and empowered to investigate the
personal
background
of each nominee as it relates to a determination of judicial fitness through
the Rhode
Island state
police and the attorney general's office, and to require full financial
disclosure under
the
provisions of chapter 14 of title 36.
(g) The commission shall direct the performance of such administrative duties
as may be
required
for the effective discharge of the obligations granted to the commission, and
is hereby
empowered
to engage the services of legal, secretarial, clerical, and investigative
employees and
to make
such other expenditures as are necessary for the effective performance of its
functions.
Expenses
for office space, staffing, and necessary monetary outlays shall be provided by
the
department
of administration as a separate line item in the state budget under the term
"judicial
nominating
commission."
(h) Each person appointed to the commission shall, prior to exercising any
authority or
assuming
any duties as a member of the commission, take an engagement of office in
accordance
with
section 36-1-2. The governor may remove a commission member from office for
neglect of
duty,
malfeasance in office, or conviction of a criminal offense. After a commission
member is
notified
of any allegations against her or him in writing, the commission member shall
be entitled
to one
public hearing prior to removal by the governor.
SECTION
2. This act shall take effect upon passage.
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LC02724
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