§ 8-16.1-5 - Nomination and appointment of supreme court justices.
SECTION 8-16.1-5
§ 8-16.1-5 Nomination and appointment ofsupreme court justices. – (a) The governor shall immediately notify the commission of any vacancy orprospective vacancy of a justice of the Rhode Island supreme court. Thecommission shall advertise for each vacancy and solicit prospective candidatesand shall consider names submitted from any source. Within ninety (90) days ofany vacancy the commission shall publicly submit the names of not less thanthree (3) and not more than five (5) highly qualified persons for each vacancyto the governor. The governor shall fill any vacancy of any justice of theRhode Island supreme court by nominating one of the three (3) to five (5)highly qualified persons forwarded to him or her by the commission for thecourt.
(b) The governor shall fill any such vacancy withintwenty-one (21) days of the public submission by the commission.
(c) Each nomination shall be forwarded forthwith to thesenate and to the house of representatives, and by and with the advice andconsent of the senate, and by and with the separate advice and consent of thehouse of representatives, each nominee shall be appointed by the governor toserve subject to the general laws. The senate and the house of representativesshall, after seven (7) calendar days of receipt of the nomination, separatelyconsider the nomination, but if either house fails within sixty (60) days afterthe submission to confirm the nominee, the governor shall appoint some otherperson to fill the vacancy and shall submit his or her appointment to thesenate and to the house of representatives for confirmation in like manneruntil the senate and the house of representatives shall each separately confirmthe nomination. If the nominee is rejected by either house, the commissionshall submit a new list of three (3) to five (5) candidates to the governor forthe purpose of nomination in accordance with this chapter. Any new list mayinclude but need not be limited to the names of any candidates who werepreviously submitted to the governor by the commission but who were notforwarded to the senate and to the house of representatives for their adviceand consent.
(d) During the time for consideration of the nominees by thesenate and by the house of representatives, the judiciary committee of eachhouse shall separately conduct an investigation and public hearing on thequestion of the qualifications of the nominee or nominees. At the publichearings, the testimony of every witness shall be taken under oath andstenographic records shall be taken and maintained. Further, the judiciarycommittees shall during the course of their investigations and hearings havethe power upon majority vote of the committee members present to issue witnesssubpoenas, subpoenas duces tecum, and orders for the production of books,accounts, papers, records, and documents which shall be signed and issued bythe chairperson of the committee, or the person serving in his or her capacity.All such subpoenas and orders shall be served as subpoenas in civil cases inthe superior court are served, and witnesses so subpoenaed shall be entitled tothe same fees for attendance and travel as provided for witnesses in civilcases in the superior court. If the person subpoenaed to attend before thecommittee fails to obey the command of the subpoena without reasonable cause,refuse to be sworn, or to be examined, or to answer a legal and pertinentquestion, or if any person shall refuse to produce books, accounts, papers,records, and documents material to the issue, set forth in an order duly servedon him or her, the committee by majority vote of the committee members presentmay apply to any justice of the superior court, for any county, upon proof byaffidavit of the fact, for a rule or order returnable in not less than two (2)nor more than five (5) days, directing the person to show cause before thejustice who made the order or any other justice of the superior court, why heor she should not be adjudged in contempt. Upon the return of the order, thejustice before whom the matter is brought on for hearing shall examine underoath the person, and the person shall be given an opportunity to be heard, andif the justice shall determine that the person has refused without reasonablecause or legal excuse to be examined or to answer a legal and pertinentquestion, or to produce books, accounts, papers, records, and documentsmaterial to the issue which he or she was ordered to bring or produce, he orshe may forthwith commit the offender to the adult correctional institution,there to remain until the person submits to do the act which he or she was sorequired to do, or is discharged according to law.
(e) The judiciary committees shall, for the purpose ofinvestigating the qualifications of the nominee or nominees, be furnished witha report compiled by the state police in conjunction with the attorneygeneral's office indicating the determinations and findings of the state policeand attorney general's office investigations concerning the background of thenominee or nominees, and the report shall include, but not be limited to, thefollowing:
(1) Whether the nominee has ever been convicted of or pleadedguilty to a misdemeanor or felony in this or any other state or foreign country;
(2) Whether the nominee has ever filed a personal bankruptcypetition or an assignment for the benefit of creditors in this or any otherstate or foreign country; and whether the nominee has ever been a partner in,held ten percent (10%) or more of stock in, or held office in any soleproprietorship, partnership, or corporation that has been involved inbankruptcy or receivership actions as a debtor or because of insolvency at thetime the nominee was a partner in, held ten percent (10%) or more stock in, orheld office in any such sole proprietorship, partnership, or corporation;
(3) Whether the nominee has ever had a civil judgmentrendered against him or her arising out of an allegation of fraud,misrepresentation, libel, slander, professional negligence, or any intentionaltort in this state or any other state or foreign country;
(4) The state police in conjunction with the attorneygeneral's department shall provide in their report the names and addresses ofeach and every source of their information.
(f) The reports set forth in this section shall be deliveredto the chairpersons and members of the judiciary committees in addition to thenominee or nominees only prior to the commencement of the public hearings.Provided, however, that if the nominee or nominees withdraw or decline theappointment prior to the public hearings then the report or reports shall bereturned to the chairpersons of the judiciary committees and destroyed.
(g) The committees shall also require a financial statementto be submitted by each nominee, prior to the public hearing, to thechairperson of the committee, to investigate each nominee to determine his orher compliance with the provisions of chapter 14 of title 36.
(h) Any associate justice of the supreme court who isappointed to serve as the chief justice of that court on an interim basis shallretain his or her status as an associate justice until the appointment to chiefjustice is made permanent.
(i) In case a vacancy shall occur when the general assemblyis not in session, the governor shall appoint some person from a list of three(3) to five (5) persons submitted to the governor by the commission to fill thevacancy until the general assembly shall next convene, when the governor shallmake an appointment as provided in this section.