Chapter 447
2008 -- S 2726
Enacted 07/08/08
A N A C T
RELATING
TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION
Introduced
By: Senators Sheehan, Jabour, Lenihan, Cote, and Connors
Date
Introduced: February 26, 2008
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 member
person shall be reappointed to the commission 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 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 section 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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LC01145
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