2014 -- S 3080

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LC005879

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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: Senator Maryellen Goodwin

     Date Introduced: June 05, 2014

     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 Nomination and appointment of judges [Repealed effective June 30, 2014.]

Nomination and appointment of judges [Repealed effective June 30, 2015.] -- (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 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 which 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 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 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

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 that shall be

signed and issued by the chairperson of the committee, or the person serving in his or her

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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 that 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

LC005879 - Page 3 of 7

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.

     8-16.1-6. Nomination and appointment of judges. [Effective June 30, 2014.]

Nomination and appointment of judges. [Effective June 30, 2015.] -- (a) 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 which 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.

      (b) The governor shall fill any vacancy within twenty-one (21) days of the public

submission by the commission.

LC005879 - Page 4 of 7

      (c) Each nomination shall be forwarded forthwith 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

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

LC005879 - Page 5 of 7

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 that 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.

LC005879 - Page 6 of 7

      (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. For purposes of providing clarity,

the expressed legislative intent of this act is that any individual on a list of judicial candidates as

of June 30, 2014, shall remain on that list until June 30, 2015, unless that individual is actually

confirmed as a judge prior to June 30, 2015.

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LC005879

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LC005879 - Page 7 of 7

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - JUDICIAL SELECTION

***

     This act would make any individual whose name was publicly submitted to the governor

by the judicial nominating commission, eligible for subsequent nomination by the governor until

June 30, 2015, 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.

     This act would take effect upon passage. For purposes of providing clarity, the expressed

legislative intent of this act is that any individual on a list of judicial candidates as of June 30,

2014 would remain on that list until June 30, 2015, unless that individual was actually confirmed

as a judge prior to June 30, 2015.

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LC005879

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