2021 -- H 5297

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LC000070

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

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

NOMINATING COMMISSION

     Introduced By: Representatives Williams, McEntee, Giraldo, Biah, and Vella-Wilkinson

     Date Introduced: January 29, 2021

     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.

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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

judicial appointments. The commission shall actively solicit persons of color who reside in the

State of Connecticut and the Commonwealth of Massachusetts who are active, practicing members

of the Rhode Island Bar; provided, they have acted as attorney of record in a minimum of seven (7)

matters before the Rhode Island courts, within the last two (2) years. It shall keep records of all

persons of color who apply for a judicial appointment, the success rate of having those names

submitted to the governor for judicial appointment, and its recruiting methods. The commission

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shall promulgate regulations which promote the diversification of the judicial appointment

applications' pool, consistent with this subsection.

     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 nominating commission actively and aggressively

solicit attorneys of color to apply for judicial appointments, including practicing members of the

Rhode Island Bar residing in border states and to promulgate regulations to promote that objective.

     This act would take effect upon passage.

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