§ 8-16.1-6 - Nomination and appointment of judges. [Repealed effective June 30, 2010.].
SECTION 8-16.1-6
§ 8-16.1-6 Nomination and appointment ofjudges. [Repealed effective June 30, 2010.]. – (a) The governor shall immediately notify the commission of any vacancy orprospective vacancy of a judge of any state court other than the Rhode Islandsupreme court. The commission shall advertise for each vacancy and solicitprospective candidates and shall consider names submitted from any source.Within ninety (90) days of any vacancy the commission shall publicly submit thenames of not less than three (3) and not more than five (5) highly qualifiedpersons for each vacancy to the governor.
(2) Notwithstanding any other law to the contrary, anyindividual whose name was publicly submitted to the governor by the commissionas described in subsection (1) above, shall also be eligible for subsequentnomination by the governor for any vacancy or prospective vacancy of a judge inthe same court for which that particular individual had previously appliedexcept for a vacancy in the position of presiding justice, chief justice, orchief judge.
(3) Such individuals shall remain eligible for nomination tofill any vacancy or prospective vacancy within the same court to which theypreviously applied for a period of five (5) years from the date their name ornames were publicly submitted to the governor by the commission unless suchindividuals withdraw from future consideration in writing to the judicialnominating commission. However, such individuals must reapply for anysubsequent vacancy or prospective vacancy in the same court for the position ofpresiding justice, chief justice, or chief judge.
(4) Subject to the eligibility requirements set forth above,the governor shall fill any vacancy of any judge of the Rhode Island superiorcourt, family court, district court, workers' compensation court, or any otherstate court which the general assembly may from time to time establish, bynominating one of the three (3) to five (5) highly qualified persons forwardedto him or her by the commission for the court where the vacancy occurs, or bynominating another individual who has previously applied for a vacancy orprospective vacancy within the same court and whose name had been previouslypublicly submitted to the governor within the previous five (5) years.
(b) The governor shall fill any vacancy within twenty-one(21) days of the public submission by the commission.
(c) Each nomination shall be delivered forthwith to thesecretary of the senate for presentation to the senate, and by and with theadvice and consent of the senate, each nominee shall be appointed by thegovernor to serve subject to the general laws. The senate shall, after seven(7) calendar days of receipt of the nomination consider the nomination, but ifthe senate fails within ninety (90) days after the submission to confirm thenominee or if the senate does not by a majority vote of its members extend thedeliberation an additional seven (7) calendar days, the governor shall appointsome other person to fill the vacancy and shall submit his or her appointmentto the senate for confirmation in like manner until the senate shall confirmthe nomination. If the nominee is rejected by the senate, the commission shallsubmit a new list of three (3) to five (5) candidates to the governor for thepurpose of nomination in accordance with this chapter. Any new list may includebut need not be limited to the names of any candidates who were previouslysubmitted to the governor by the commission but who were not forwarded to thesenate for its advice and consent.
(d) During the time for consideration of the nominees by thesenate, the senate judiciary committee shall conduct an investigation andpublic hearing on the question of the qualifications of the nominee ornominees. At the public hearing, the testimony of every witness shall be takenunder oath and stenographic records shall be taken and maintained. Further, thesenate judiciary committee shall during the course of its investigation andhearing have the power upon majority vote of the committee members present toissue witness subpoenas, subpoenas duces tecum, and orders for the productionof books, accounts, papers, records, and documents which shall be signed andissued by the chairperson of the committee, or the person serving in his or hercapacity. All such subpoenas and orders shall be served as subpoenas in civilcases in the superior court are served, and witnesses so subpoenaed shall beentitled to the same fees for attendance and travel as provided for witnessesin civil cases in the superior court. If the person subpoenaed to attend beforethe committee fails to obey the command of the subpoena without reasonablecause, refuse to be sworn, or to be examined, or to answer a legal andpertinent question, or if any person shall refuse to produce books, accounts,papers, records, and documents material to the issue, set forth in an orderduly served on him or her, the committee by majority vote of the committeemembers present may apply to any justice of the superior court, for any county,upon proof by affidavit of the fact, for a rule or order returnable in not lessthan two (2) nor more than five (5) days, directing the person to show causebefore the justice who made the order or any other justice of the superiorcourt, why he or she should not be adjudged in contempt. Upon the return of theorder, the justice before whom the matter is brought on for hearing shallexamine under oath the person, and the person shall be given an opportunity tobe heard, and if the justice shall determine that the person has refusedwithout reasonable cause or legal excuse to be examined or to answer a legaland pertinent question, or to produce books, accounts, papers, records, anddocuments material to the issue which he or she was ordered to bring orproduce, he or she may forthwith commit the offender to the adult correctionalinstitution, there to remain until the person submits to do the act which he orshe was so required to do, or is discharged according to law.
(e) The committee shall, for the purpose of investigating thequalifications of the nominee or nominees, be furnished with a report compiledby the state police in conjunction with the attorney general's officeindicating the determinations and findings of the state police and attorneygeneral's office investigations concerning the background of the nominee ornominees, and the report shall include, but not be limited to, the following:
(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 chairperson and members of the senate judiciary committee in addition tothe nominee or nominees only prior to the commencement of the public hearing.Provided, however, that if the nominee or nominees withdraw or decline theappointment prior to the public hearing then the report or reports shall bereturned to the chairperson of the judiciary committee and destroyed.
(g) The committee shall also require a financial statement tobe submitted by each nominee, prior to the public hearing, to the chairpersonof the senate judiciary committee, to investigate each nominee to determine hisor her compliance with the provisions of chapter 14 of title 36.
(h) Any associate justice of any state court who is appointedto serve as the chief or presiding justice of that court on an interim basisshall retain his or her status as an associate justice until the appointment tochief or presiding justice is made permanent.
(i) In case a vacancy shall occur when the senate is not insession, the governor shall appoint some person from a list of three (3) tofive (5) persons submitted to the governor by the commission to fill thevacancy until the senate shall next convene, when the governor shall make anappointment as provided in this section.