2019 -- S 0834

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LC002273

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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: Senators McCaffrey, Lynch Prata, and Lombardi

     Date Introduced: April 30, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-16.1-2 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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     8-16.1-2. Judicial nominating commission.

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     (a) There is hereby established an independent nonpartisan judicial nominating

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commission which shall consist of nine (9) members, all of whom shall be residents of the state

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of Rhode Island, and who shall be appointed as follows:

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     (1) Within seven (7) days after June 2, 1994:

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     (i) The speaker of the house of representatives shall submit to the governor a list of at

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least three (3) attorneys;

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     (ii) The president of the senate shall submit to the governor a list of at least three (3)

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persons who may be attorneys and/or members of the public;

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     (iii) The speaker of the house of representatives and the president of the senate shall

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jointly submit to the governor a list of four (4) members of the public;

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     (iv) The minority leader of the house of representatives shall submit to the governor a list

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of at least three (3) members of the public; and

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     (v) The minority leader of the senate shall submit to the governor a list of at least three

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(3) members of the public.

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     (2) Within fourteen (14) days after June 2, 1994, the governor shall appoint to the

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commission:

 

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     (i) One person from each of the lists submitted in accordance with subsection (a)(1) of

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this section;

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     (ii) Three (3) attorneys, without regard to any of the lists; and

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     (iii) One member of the public, without regard to any of the lists.

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     (3) The governor and the nominating authorities hereunder shall exercise reasonable

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efforts to encourage racial, ethnic, and gender diversity within the commission.

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     (b) Members of the commission shall serve for terms of four (4) years, except that, of the

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members first appointed:

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     (1) The individual appointed from the list submitted by the minority leader of the house

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of representatives and one of the attorneys appointed by the governor without regard to any of the

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lists shall serve for one year;

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     (2) The individual appointed from the list submitted by the minority leader of the senate

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and one of the attorneys appointed by the governor without regard to any of the lists shall serve

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for two (2) years;

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     (3) The individual appointed from the list submitted jointly by the speaker of the house of

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representatives and by the president of the senate and the member of the public appointed by the

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governor without regard to any of the lists shall serve for three (3) years; and

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     (4) The individuals appointed from the lists submitted by the president of the senate and

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by the speaker of the house of representatives and one of the attorneys appointed by the governor

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without regard to any of the lists shall serve for four (4) years.

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     (c) No person shall be appointed at any time to serve more than one term as a member of

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the commission; provided, however, that a person initially appointed to serve twelve (12) months

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or less of a full four (4) year term may, upon expiration of that term, be reappointed to serve one

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full term; and provided further, however, that each member shall continue to serve until his or her

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successor is appointed and qualified. No commission member shall be a legislator, judge, or

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elected official, or be a candidate for any public office, or hold any compensated federal, state, or

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municipal public office or elected office in a political party during his or her tenure or for a period

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of one year prior to appointment. No member of the commission may hold any other public office

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(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

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for appointment to a state judicial office during the period of time he or she is a commission

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member and for a period of one year thereafter. No two (2) or more members of the commission

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shall be members or employees of the same law firm, or employees of the same profit or

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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

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of a term.

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     (d) A quorum consisting of five (5) members shall be necessary in order for the

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commission to conduct any business. All names submitted to the governor by the commission

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shall be approved by at least five (5) members of the commission voting in favor of each

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selection.

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     (e) The commission shall have the power to adopt rules and procedures which aid in its

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selection of the most highly qualified nominees for judicial office. The governor shall designate a

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member of the commission to serve as chairperson, who shall serve in that capacity for the

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duration of his or her tenure. All meetings of the commission shall be subject to the open

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meetings law as defined in chapter 46 of title 42. Minutes of the commission's meetings shall

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contain, in writing, all votes in the consideration of judicial nominee applicants by the

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commission members.

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     (f) The commission is hereby authorized and empowered to investigate the personal

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background of each nominee as it relates to a determination of judicial fitness through the Rhode

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Island state police and the attorney general's office, and to require full financial disclosure under

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the provisions of chapter 14 of title 36. Investigations of the personal background of each

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nominee as it relates to a determination of judicial fitness shall remain confidential.

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     (g) The commission shall direct the performance of such administrative duties as may be

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required for the effective discharge of the obligations granted to the commission, and is hereby

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empowered to engage the services of legal, secretarial, clerical, and investigative employees and

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to make such other expenditures as are necessary for the effective performance of its functions.

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Expenses for office space, The department of administration shall designate office space within

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secured state property and provide staffing, and necessary monetary outlays shall be provided by

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the department of administration that shall be reported as a separate line item in the state budget

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under the term "judicial nominating commission." All correspondence to the judicial nominating

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commission including, but not limited to, applications, letters of support, and investigative reports

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shall be sent to the designated office space within secured state property.

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     (h) Each person appointed to the commission shall, prior to exercising any authority or

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assuming any duties as a member of the commission, take an engagement of office in accordance

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with ยง 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

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of any allegations against her or him in writing, the commission member shall be entitled to one

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public hearing prior to removal by the governor.

 

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     (i) All departments, boards, and agencies of the state shall cooperate with the commission

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and furnish any advice and information, documentary and otherwise, that may be necessary or

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desirable to facilitate the purposes of this chapter.

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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 that all departments, boards, and agencies of the state cooperate

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with the judicial nominating commission and provide any information that might assist the

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commission in the process of judicial selection. It would further require that the department of

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administration provide the commission with staffing as well as a designated office space on

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secured state property where the commission would receive all mail, communications and

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investigative reports. The act would also require written minutes of the commission meetings to

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include all votes by commission members regarding judicial nominee applications and would

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require that all investigations of judicial nominees remain confidential.

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     This act would take effect upon passage.

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