Rhode Island 2025 Regular Session

Rhode Island House Bill H6040 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 6040
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7	7	LC002224
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION
16	16	Introduced By: Representative Matthew S. Dawson
17	17	Date Introduced: March 07, 2025
18	18	Referred To: House Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 8-16.1-6 of the General Laws in Chapter 8-16.1 entitled "Judicial 1
23	23	Selection" is hereby amended to read as follows: 2
24	24	8-16.1-6. Nomination and appointment of judges. 3
25	25	(a)(1) The governor shall immediately notify the commission of any vacancy or 4
26	26	prospective vacancy of a judge of any state court other than the Rhode Island supreme court. The 5
27	27	commission shall advertise for each vacancy and solicit prospective candidates and shall consider 6
28	28	names submitted from any source. Within ninety (90) days of any vacancy, the commission shall 7
29	29	publicly submit the names of not less than three (3), and not more than five (5), highly qualified 8
30	30	persons for each vacancy to the governor. The governor shall fill any vacancy of any judge of the 9
31	31	Rhode Island superior court, family court, district court, workers’ compensation court, or any other 10
32	32	state court that the general assembly may, from time to time, establish, by nominating one of the 11
33	33	three (3) to five (5) highly qualified persons forwarded to him or her by the commission for the 12
34	34	court where the vacancy occurs. 13
35	35	(2) Notwithstanding any other law to the contrary, any individual whose name was publicly 14
36	36	submitted to the governor by the commission, as described in subsection (a)(1) of this section, shall 15
37	37	also be eligible for subsequent nomination by the governor for any vacancy, or prospective 16
38	38	vacancy, of a judge in the same court for with that particular individual had previously applied 17
39	39	except for a vacancy in the position of presiding justice, chief justice or chief judge. 18
40	40	(3) Such individuals shall remain eligible for nomination to fill any vacancy, or prospective 19
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44	44	vacancy, with the same court to which they previously applied for a period of three (3) years from 1
45	45	the date their name or names were publicly submitted to the governor by the commission unless: 2
46	46	(i) such individuals withdraw from future consideration in writing to the judicial 3
47	47	nominating commission; and/or 4
48	48	(ii) the judicial nominating commission votes to terminate the individual’s eligibility. 5
49	49	However, such individuals must reapply for any subsequent vacancy, or prospective vacancy, in 6
50	50	the same court for the position of presiding justice, chief justice, or chief judge. Any individual 7
51	51	who has applied for any vacancy or prospective vacancy must, after a period of three (3) years, 8
52	52	reapply in order to be considered for any vacancy or prospective vacancy in the court in which their 9
53	53	names were previously submitted. 10
54	54	(4) Subject to the eligibility requirements set forth above, the governor shall fill any 11
55	55	vacancy of any judge of the Rhode Island superior court, family court, district court, workers’ 12
56	56	compensation court, or any other state court that the general assembly may, from time to time, 13
57	57	establish, by nominating one of the three (3) to five (5) highly qualified persons forwarded to him 14
58	58	or her by the commission for the court where the vacancy occurs, or by nomination another 15
59	59	individual who has previously applied for a vacancy or prospective vacancy within the same court 16
60	60	and whose name had been previously publicly submitted to the governor within the previous five 17
61	61	(5) years. 18
62	62	(b) The governor shall fill any vacancy within twenty-one (21) days of the public 19
63	63	submission by the commission. 20
64	64	(c) Each nomination shall be forwarded forthwith to the secretary of the senate for 21
65	65	presentation to the senate, and by and with the advice and consent of the senate, each nominee shall 22
66	66	be appointed by the governor to serve subject to the general laws. The senate shall, after seven (7) 23
67	67	calendar days of receipt of the nomination consider the nomination, but if the senate fails within 24
68	68	ninety (90) days after the submission to confirm the nominee, or if the senate does not, by a majority 25
69	69	vote of its members, extend the deliberation an additional seven (7) calendar days, the governor 26
70	70	shall appoint some other person to fill the vacancy and shall submit his or her appointment to the 27
71	71	senate for confirmation in like manner until the senate shall confirm the nomination. If the nominee 28
72	72	is rejected by the senate, the commission shall submit a new list of three (3) to five (5) candidates 29
73	73	to the governor for the purpose of nomination in accordance with this chapter. Any new list may 30
74	74	include, but need not be limited to, the names of any candidates who were previously submitted to 31
75	75	the governor by the commission but who were not forwarded to the senate for its advice and 32
76	76	consent. 33
77	77	(d) During the time for consideration of the nominees by the senate, the senate judiciary 34
78	78
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81	81	committee shall conduct an investigation and public hearing on the question of the qualifications 1
82	82	of the nominee or nominees. At the public hearing, the testimony of every witness shall be taken 2
83	83	under oath and stenographic records shall be taken and maintained. Further, the senate judiciary 3
84	84	committee shall, during the course of its investigation and hearing, have the power upon majority 4
85	85	vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and 5
86	86	orders for the production of books, accounts, papers, records, and documents that shall be signed 6
87	87	and issued by the chairperson of the committee, or the person serving in his or her capacity. All 7
88	88	such subpoenas and orders shall be served as subpoenas in civil cases in the superior court are 8
89	89	served, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as 9
90	90	provided for witnesses in civil cases in the superior court. If the person subpoenaed to attend before 10
91	91	the committee fails to obey the command of the subpoena without reasonable cause; refuse to be 11
92	92	sworn; or to be examined; or to answer a legal and pertinent question; or if any person shall refuse 12
93	93	to produce books, accounts, papers, records, and documents material to the issue, set forth in an 13
94	94	order duly served on him or her; the committee by majority vote of the committee members present 14
95	95	may apply to any justice of the superior court, for any county, upon proof by affidavit of the fact, 15
96	96	for a rule or order returnable in not less than two (2), nor more than five (5), days, directing the 16
97	97	person to show cause before the justice who made the order or any other justice of the superior 17
98	98	court, why he or she should not be adjudged in contempt. Upon the return of the order, the justice 18
99	99	before whom the matter is brought on for hearing shall examine under oath the person, and the 19
100	100	person shall be given an opportunity to be heard, and if the justice shall determine that the person 20
101	101	has refused without reasonable cause or legal excuse to be examined, or to answer a legal and 21
102	102	pertinent question, or to produce books, accounts, papers, records, and documents material to the 22
103	103	issue that he or she was ordered to bring or produce, he or she may forthwith commit the offender 23
104	104	to the adult correctional institutions, there to remain until the person submits to do the act which he 24
105	105	or she was so required to do, or is discharged according to law. 25
106	106	(e) The committee shall, for the purpose of investigating the qualifications of the nominee 26
107	107	or nominees, be furnished with a report compiled by the state police in conjunction with the attorney 27
108	108	general’s office indicating the determinations and findings of the state police and attorney general’s 28
109	109	office investigations concerning the background of the nominee or nominees, and the report shall 29
110	110	include, but not be limited to, the following: 30
111	111	(1) Whether the nominee has ever been convicted of, or pleaded guilty to, a misdemeanor 31
112	112	or felony in this or any other state or foreign country; 32
113	113	(2) Whether the nominee has ever filed a personal bankruptcy petition or an assignment for 33
114	114	the benefit of creditors in this or any other state or foreign country; and whether the nominee has 34
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118	118	ever been a partner in, held ten percent (10%) or more of stock in, or held office in any sole 1
119	119	proprietorship, partnership, or corporation that has been involved in bankruptcy or receivership 2
120	120	actions as a debtor or because of insolvency at the time the nominee was a partner in, held ten 3
121	121	percent (10%) or more stock in, or held office in any such sole proprietorship, partnership, or 4
122	122	corporation; 5
123	123	(3) Whether the nominee has ever had a civil judgment rendered against him or her arising 6
124	124	out of an allegation of fraud, misrepresentation, libel, slander, professional negligence, or any 7
125	125	intentional tort in this state or any other state or foreign country; 8
126	126	(4) The state police, in conjunction with the attorney general’s department, shall provide 9
127	127	in their report the names and addresses of each and every source of their information. 10
128	128	(f) The reports set forth in this section shall be delivered to the chairperson and members 11
129	129	of the senate judiciary committee in addition to the nominee or nominees only prior to the 12
130	130	commencement of the public hearing. Provided, however, that if the nominee or nominees 13
131	131	withdraw or decline the appointment prior to the public hearing, then the report or reports shall be 14
132	132	returned to the chairperson of the judiciary committee and destroyed. 15
133	133	(g) The committee shall also require a financial statement to be submitted by each nominee, 16
134	134	prior to the public hearing, to the chairperson of the senate judiciary committee, to investigate each 17
135	135	nominee to determine his or her compliance with the provisions of chapter 14 of title 36. 18
136	136	(h) Any associate justice of any state court who is appointed to serve as the chief or 19
137	137	presiding justice of that court on an interim basis shall retain his or her status as an associate justice 20
138	138	until the appointment to chief or presiding justice is made permanent. 21
139	139	(i) In case a vacancy shall occur when the senate is not in session, the governor shall appoint 22
140	140	some person from a list of three (3) to five (5) persons submitted to the governor by the commission 23
141	141	to fill the vacancy until the senate shall next convene, when the governor shall make an appointment 24
142	142	as provided in this section. 25
143	143	SECTION 2. This act shall take effect upon passage. 26
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150	150	EXPLANATION
151	151	BY THE LEGISLATIVE COUNCIL
152	152	OF
153	153	A N A C T
154	154	RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION
155	155	***
156	156	This act would require individuals seeking a judicial nomination to reapply to the judicial 1
157	157	nomination commission every three (3) years and make those individuals selected as finalists, 2
158	158	eligible only for the court in which they applied and were chosen during the three (3) years 3
159	159	following their selection. 4
160	160	This act would take effect upon passage. 5
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