2026 -- H 8048

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

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

     Introduced By: Representatives Kislak, Cruz, Ajello, Tanzi, and Handy

     Date Introduced: February 27, 2026

     Referred To: House Judiciary

     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 person shall be 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. If a successor member is not appointed within thirty (30) days

following the expiration of a member’s term, the Rhode Island Supreme Court Committee on Racial

and Ethnic Fairness, in consultation with the Rhode Island Bar Association and its Committee on

Diversity, Equity, and Inclusion, shall appoint a qualified individual to serve as the new or

replacement member for the unexpired term. 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

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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. The commission shall provide a meaningful public forum,

including time for public comment, prior to any final action on judicial nominations. The

commission shall not require members of the public to register or sign up to speak more than forty-

eight (48) hours in advance of any meeting. Written testimony shall be accepted at any time before

final action is taken.

     (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, and to require disclosure of all campaign finance

contributions made by or on behalf of the nominee within such period as the commission shall

prescribe rule, including contributions to any candidate, political committee, or political action

committee.

     (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 § 36-1-2. The governor may remove a commission member from office for neglect of duty,

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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.

     (i) The commission shall provide a live audiovisual broadcast of each open meeting via the

internet and shall maintain an online archive of each recording.

     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 permit the Rhode Island Supreme Court Committee on Racial and Ethnic

Fairness, in consultation with the Rhode Island Bar Association and its Committee on Diversity,

Equity, and Inclusion, to appoint a qualified individual to serve as the new or replacement member

of the Judicial Nominating Commission if the members with expired terms are not replaced via the

normal process. It would also require the commission to provide a public forum relative to adopting

rules and procedures, would require judicial candidates to disclose political donations and require

the commission to broadcast, via the internet, each open meeting and to maintain an archive of each

recording.

     This act would take effect upon passage.

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