2014 -- H 7864

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LC004965

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - JUDICIAL SELECTION

     Introduced By: Representatives Walsh, Valencia, Marcello, Chippendale, and Ferri

     Date Introduced: March 04, 2014

     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. 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

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filled for the unexpired portion of the term in the same manner as vacancies due to the expiration

of a term.

     (d) No individual, while a member or employee of the commission, including any legal

counsel engaged by the commission, shall:

     (1) Hold or campaign for any other public office;

     (2) Hold office in any political party or political committee;

     (3) Participate in or contribute to any political campaign;

     (4) Directly or indirectly attempt to influence any decision by a governmental body, other

than as the duly authorized representative of the commission on a matter within the jurisdiction of

the commission;

     (5) Have held elective public office or have been a candidate for elective public office for

a one year period prior to appointment; or

     (6) Have any equity interest or ownership interest in, or be employed by a business entity

that derives any of its revenue or income by engaging in lobbying, as defined in chapter 22-10

and chapter 42-139.

     (d)(e) 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)(f) 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)(g) 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)(h) 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

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nominating commission."

      (h)(i) 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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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 prohibit members of the judicial nominating committee from being

engaged in political activities, prevents them from influencing any political party and from

engaging in the business of lobbying. The act would also prohibit a member from having held

elective public office or having been a candidate for such office for one year prior to

appointment.

     This act would take effect upon passage.

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