2020 -- H 7136

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LC003571

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE – COURTS – JUDICIAL SELECTION

     Introduced By: Representatives Williams, Craven, Hull, Mendez, and Almeida

     Date Introduced: January 16, 2020

     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) 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 commission shall prepare

application forms that seek sufficient information for the commission to adequately assess the

applicant’s qualifications, including, but not limited to, questions relative to the applicant’s

personal and professional background, legal experience, financial information, race, nationality,

ethnicity, and gender. The commission shall retain all data regarding race, nationality, ethnicity,

and gender of applicants, regardless of whether those applicants received interviews or reached

the final stages of the selection process. 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 applicants' names, applications and resumes submitted to the commission shall be

classified as public records subject to public inspection pursuant to chapter 2 of title 38; provided,

however, an applicant may choose to have their application remain private and opt out of their

information becoming public records unless and until the applicant receives an interview with the

commission. Once an applicant reaches the interview process, their application and all other

information shall become a public record pursuant to chapter 2 of title 38. 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

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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.

     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 include certain questions

on a judicial application, would require the commission to retain data relative to race, nationality,

ethnicity, and gender, and would classify the names, resumes and other information of applicants

as public records. An applicant could opt out of that information becoming public up to the point

of receiving an interview from the commission.

     This act would take effect upon passage.

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