2019 -- H 5735

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LC000558

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

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

     

     Introduced By: Representatives Williams, Caldwell, Walsh, Almeida, and Alzate

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-16.1-4 of the General Laws in Chapter 8-16.1 entitled "Judicial

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Selection" is hereby amended to read as follows:

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     8-16.1-4. Criteria for selection of best qualified nominees.

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     (a) The commission shall consider, but is not limited to, the following factors in selecting

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the best qualified nominees: intellect, ability, temperament, impartiality, diligence, experience,

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maturity, education, publications, and record of public, community, and government service. The

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commission shall consider each nominee's perspicacity based on their unique background and

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experience in order to diversify the perspective of the judiciary of this state. When considering

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the qualifications of a nominee, courtroom and/or trial experience shall not be emphasized, but

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rather the commission shall consider the overall competence of the nominee in all areas of the

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practice of law. Every person shall, at the time of consideration by the commission, be an

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attorney and licensed to practice law in the state of Rhode Island and be a current member of the

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Rhode Island bar association in good standing.

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     (b) The commission shall exercise reasonable efforts to encourage racial, ethnic, and

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gender diversity within the judiciary of this state. To further this goal, on an annual basis, the

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commission shall report to the general assembly and to the governor on (i) the statistics regarding

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the race, ethnicity and gender of applicants considered by the commission in the previous year

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and (ii) efforts made by the commission during the previous year to encourage racial, ethnic and

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gender diversity within the judiciary of this state. The form of the report and the means by which

 

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the commission shall request the necessary information from applicants shall be determined by

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the commission pursuant to its rule-making authority, except that no applicant shall be required to

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provide the information as a prerequisite to consideration, and the identifying information with

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respect to race, ethnicity and gender shall be collected anonymously from applicants. The report

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shall be made available to the public. The commission shall also consider the candidate's

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sensitivity to historically disadvantaged classes, and may disqualify any candidate with a

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demonstrated history of bias towards any of these classes.

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     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 the judicial nominating commission to consider a nominee's

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unique background and overall competence in all areas of practice of laws rather than

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emphasizing trial and courtroom experience in selecting nominees for the judiciary.

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     This act would take effect upon passage.

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