2024 -- S 2118

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LC003502

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION

     Introduced By: Senators Zurier, Euer, F. Lombardi, McKenney, Tikoian, Bissaillon,
LaMountain, and Quezada

     Date Introduced: January 12, 2024

     Referred To: Senate Judiciary

     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. The governor shall fill any vacancy of any judge of the

Rhode Island superior court, family court, district court, workers’ compensation court, or any other

state court that 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.

     (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) of this section, shall

also be eligible for subsequent nomination by the governor for any vacancy, or prospective

vacancy, of a judge in the same court for with 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, with 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. Any

individual who has applied for any vacancy or prospective vacancy must, after a period of five (5)

years, reapply in order to be considered for any vacancy or prospective vacancy in the court in

which their names were previously submitted.

     (4) Subject to the eligibility requirements set forth in subsection (a)(2) of this section, the

governor shall fill any vacancy of any judge of the Rhode Island superior court, family court, district

court, workers’ compensation court, or any other state court that 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 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

ninety (90) 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

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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 that 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 that he or she was ordered to bring or produce, he or she may forthwith commit the offender

to the adult correctional institutions, 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

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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.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION

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     This act would require individuals seeking a judicial nomination to reapply to the judicial

nomination commission every five (5) years and make those individuals selected as finalists,

eligible only for the court in which they applied and were chosen during the five (5) years following

their selection.

     This act would take effect upon passage.

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LC003502

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