2016 -- H 8019

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LC005456

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

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

NOMINATING COMMISSION

     Introduced By: Representative Anastasia P. Williams

     Date Introduced: March 30, 2016

     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.

     (4) Effective January 1, 2017, the commission shall be composed of at least three (3)

members who are persons of color. When the governor is making an appointment to the

commission, that appointment shall adhere to the legislative mandate that the commission be

composed of at least three (3) members who are persons of color.

      (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

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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 § 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.

     (i) The commission shall actively and aggressively solicit persons of color to apply for all

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judicial appointments. It shall keep records of all persons of color who apply for a judicial

appointment, its success rate of having those names submitted to the governor for judicial

appointment, and its recruiting methods.

     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

NOMINATING COMMISSION

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     This act would require that the judicial selection commission be composed of at least

three (3) members of color, and that it actively and aggressively solicit members of color to apply

for judicial appointments.

     This act would take effect upon passage.

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