§ 8-16.1-2 Judicial nominating commission.– (a) There is hereby established an independent nonpartisan judicial nominatingcommission which shall consist of nine (9) members, all of whom shall beresidents 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 submitto the governor a list of at least three (3) attorneys;
(ii) The president of the senate shall submit to the governora list of at least three (3) persons who may be attorneys and/or members of thepublic;
(iii) The speaker of the house of representatives and thepresident 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 representativesshall submit to the governor a list of at least three (3) members of thepublic; and
(v) The minority leader of the senate shall submit to thegovernor a list of at least three (3) members of the public.
(2) Within fourteen (14) days after June 2, 1994, thegovernor shall appoint to the commission:
(i) One person from each of the lists submitted in accordancewith 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 thelists.
(3) The governor and the nominating authorities hereundershall exercise reasonable efforts to encourage racial, ethnic, and genderdiversity 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 theminority leader of the house of representatives and one of the attorneysappointed by the governor without regard to any of the lists shall serve forone year;
(2) The individual appointed from the list submitted by theminority leader of the senate and one of the attorneys appointed by thegovernor without regard to any of the lists shall serve for two (2) years;
(3) The individual appointed from the list submitted jointlyby the speaker of the house of representatives and by the president of thesenate and the member of the public appointed by the governor without regard toany of the lists shall serve for three (3) years; and
(4) The individuals appointed from the lists submitted by thepresident of the senate and by the speaker of the house of representatives andone of the attorneys appointed by the governor without regard to any of thelists shall serve for four (4) years.
(c) No person shall be appointed at any time to serve morethan one term as a member of the commission; provided, however, that a personinitially appointed to serve twelve (12) months or less of a full four (4) yearterm may, upon expiration of that term, be reappointed to serve one full term;and provided further, however, that each member shall continue to serve untilhis or her successor is appointed and qualified. No commission member shall bea legislator, judge, or elected official, or be a candidate for any publicoffice, or hold any compensated federal, state, or municipal public office orelected office in a political party during his or her tenure or for a period ofone year prior to appointment. No member of the commission may hold any otherpublic office (except that of notary public) under the laws of the UnitedStates, of this state, or of any other governmental entity for which monetarycompensation is received. No members shall be eligible for appointment to astate judicial office during the period of time he or she is a commissionmember and for a period of one year thereafter. No two (2) or more members ofthe commission shall be members or employees of the same law firm, or employeesof the same profit or nonprofit corporation. Vacancies other than those arisingthrough the expiration of a term shall be filled for the unexpired portion ofthe term in the same manner as vacancies due to the expiration of a term.
(d) A quorum consisting of five (5) members shall benecessary in order for the commission to conduct any business. All namessubmitted 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 andprocedures which aid in its selection of the most highly qualified nominees forjudicial office. The governor shall designate a member of the commission toserve as chairperson, who shall serve in that capacity for the duration of hisor her tenure. All meetings of the commission shall be subject to the openmeetings law as defined in chapter 46 of title 42.
(f) The commission is hereby authorized and empowered toinvestigate the personal background of each nominee as it relates to adetermination of judicial fitness through the Rhode Island state police and theattorney general's office, and to require full financial disclosure under theprovisions of chapter 14 of title 36.
(g) The commission shall direct the performance of suchadministrative duties as may be required for the effective discharge of theobligations granted to the commission, and is hereby empowered to engage theservices of legal, secretarial, clerical, and investigative employees and tomake such other expenditures as are necessary for the effective performance ofits functions. Expenses for office space, staffing, and necessary monetaryoutlays shall be provided by the department of administration as a separateline item in the state budget under the term "judicial nominating commission."
(h) Each person appointed to the commission shall, prior toexercising 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 mayremove a commission member from office for neglect of duty, malfeasance inoffice, or conviction of a criminal offense. After a commission member isnotified of any allegations against her or him in writing, the commissionmember shall be entitled to one public hearing prior to removal by the governor.
§ 8-16.1-2 Judicial nominating commission.– (a) There is hereby established an independent nonpartisan judicial nominatingcommission which shall consist of nine (9) members, all of whom shall beresidents 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 submitto the governor a list of at least three (3) attorneys;
(ii) The president of the senate shall submit to the governora list of at least three (3) persons who may be attorneys and/or members of thepublic;
(iii) The speaker of the house of representatives and thepresident 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 representativesshall submit to the governor a list of at least three (3) members of thepublic; and
(v) The minority leader of the senate shall submit to thegovernor a list of at least three (3) members of the public.
(2) Within fourteen (14) days after June 2, 1994, thegovernor shall appoint to the commission:
(i) One person from each of the lists submitted in accordancewith 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 thelists.
(3) The governor and the nominating authorities hereundershall exercise reasonable efforts to encourage racial, ethnic, and genderdiversity 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 theminority leader of the house of representatives and one of the attorneysappointed by the governor without regard to any of the lists shall serve forone year;
(2) The individual appointed from the list submitted by theminority leader of the senate and one of the attorneys appointed by thegovernor without regard to any of the lists shall serve for two (2) years;
(3) The individual appointed from the list submitted jointlyby the speaker of the house of representatives and by the president of thesenate and the member of the public appointed by the governor without regard toany of the lists shall serve for three (3) years; and
(4) The individuals appointed from the lists submitted by thepresident of the senate and by the speaker of the house of representatives andone of the attorneys appointed by the governor without regard to any of thelists shall serve for four (4) years.
(c) No person shall be appointed at any time to serve morethan one term as a member of the commission; provided, however, that a personinitially appointed to serve twelve (12) months or less of a full four (4) yearterm may, upon expiration of that term, be reappointed to serve one full term;and provided further, however, that each member shall continue to serve untilhis or her successor is appointed and qualified. No commission member shall bea legislator, judge, or elected official, or be a candidate for any publicoffice, or hold any compensated federal, state, or municipal public office orelected office in a political party during his or her tenure or for a period ofone year prior to appointment. No member of the commission may hold any otherpublic office (except that of notary public) under the laws of the UnitedStates, of this state, or of any other governmental entity for which monetarycompensation is received. No members shall be eligible for appointment to astate judicial office during the period of time he or she is a commissionmember and for a period of one year thereafter. No two (2) or more members ofthe commission shall be members or employees of the same law firm, or employeesof the same profit or nonprofit corporation. Vacancies other than those arisingthrough the expiration of a term shall be filled for the unexpired portion ofthe term in the same manner as vacancies due to the expiration of a term.
(d) A quorum consisting of five (5) members shall benecessary in order for the commission to conduct any business. All namessubmitted 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 andprocedures which aid in its selection of the most highly qualified nominees forjudicial office. The governor shall designate a member of the commission toserve as chairperson, who shall serve in that capacity for the duration of hisor her tenure. All meetings of the commission shall be subject to the openmeetings law as defined in chapter 46 of title 42.
(f) The commission is hereby authorized and empowered toinvestigate the personal background of each nominee as it relates to adetermination of judicial fitness through the Rhode Island state police and theattorney general's office, and to require full financial disclosure under theprovisions of chapter 14 of title 36.
(g) The commission shall direct the performance of suchadministrative duties as may be required for the effective discharge of theobligations granted to the commission, and is hereby empowered to engage theservices of legal, secretarial, clerical, and investigative employees and tomake such other expenditures as are necessary for the effective performance ofits functions. Expenses for office space, staffing, and necessary monetaryoutlays shall be provided by the department of administration as a separateline item in the state budget under the term "judicial nominating commission."
(h) Each person appointed to the commission shall, prior toexercising 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 mayremove a commission member from office for neglect of duty, malfeasance inoffice, or conviction of a criminal offense. After a commission member isnotified of any allegations against her or him in writing, the commissionmember shall be entitled to one public hearing prior to removal by the governor.
§ 8-16.1-2 Judicial nominating commission.– (a) There is hereby established an independent nonpartisan judicial nominatingcommission which shall consist of nine (9) members, all of whom shall beresidents 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 submitto the governor a list of at least three (3) attorneys;
(ii) The president of the senate shall submit to the governora list of at least three (3) persons who may be attorneys and/or members of thepublic;
(iii) The speaker of the house of representatives and thepresident 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 representativesshall submit to the governor a list of at least three (3) members of thepublic; and
(v) The minority leader of the senate shall submit to thegovernor a list of at least three (3) members of the public.
(2) Within fourteen (14) days after June 2, 1994, thegovernor shall appoint to the commission:
(i) One person from each of the lists submitted in accordancewith 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 thelists.
(3) The governor and the nominating authorities hereundershall exercise reasonable efforts to encourage racial, ethnic, and genderdiversity 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 theminority leader of the house of representatives and one of the attorneysappointed by the governor without regard to any of the lists shall serve forone year;
(2) The individual appointed from the list submitted by theminority leader of the senate and one of the attorneys appointed by thegovernor without regard to any of the lists shall serve for two (2) years;
(3) The individual appointed from the list submitted jointlyby the speaker of the house of representatives and by the president of thesenate and the member of the public appointed by the governor without regard toany of the lists shall serve for three (3) years; and
(4) The individuals appointed from the lists submitted by thepresident of the senate and by the speaker of the house of representatives andone of the attorneys appointed by the governor without regard to any of thelists shall serve for four (4) years.
(c) No person shall be appointed at any time to serve morethan one term as a member of the commission; provided, however, that a personinitially appointed to serve twelve (12) months or less of a full four (4) yearterm may, upon expiration of that term, be reappointed to serve one full term;and provided further, however, that each member shall continue to serve untilhis or her successor is appointed and qualified. No commission member shall bea legislator, judge, or elected official, or be a candidate for any publicoffice, or hold any compensated federal, state, or municipal public office orelected office in a political party during his or her tenure or for a period ofone year prior to appointment. No member of the commission may hold any otherpublic office (except that of notary public) under the laws of the UnitedStates, of this state, or of any other governmental entity for which monetarycompensation is received. No members shall be eligible for appointment to astate judicial office during the period of time he or she is a commissionmember and for a period of one year thereafter. No two (2) or more members ofthe commission shall be members or employees of the same law firm, or employeesof the same profit or nonprofit corporation. Vacancies other than those arisingthrough the expiration of a term shall be filled for the unexpired portion ofthe term in the same manner as vacancies due to the expiration of a term.
(d) A quorum consisting of five (5) members shall benecessary in order for the commission to conduct any business. All namessubmitted 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 andprocedures which aid in its selection of the most highly qualified nominees forjudicial office. The governor shall designate a member of the commission toserve as chairperson, who shall serve in that capacity for the duration of hisor her tenure. All meetings of the commission shall be subject to the openmeetings law as defined in chapter 46 of title 42.
(f) The commission is hereby authorized and empowered toinvestigate the personal background of each nominee as it relates to adetermination of judicial fitness through the Rhode Island state police and theattorney general's office, and to require full financial disclosure under theprovisions of chapter 14 of title 36.
(g) The commission shall direct the performance of suchadministrative duties as may be required for the effective discharge of theobligations granted to the commission, and is hereby empowered to engage theservices of legal, secretarial, clerical, and investigative employees and tomake such other expenditures as are necessary for the effective performance ofits functions. Expenses for office space, staffing, and necessary monetaryoutlays shall be provided by the department of administration as a separateline item in the state budget under the term "judicial nominating commission."
(h) Each person appointed to the commission shall, prior toexercising 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 mayremove a commission member from office for neglect of duty, malfeasance inoffice, or conviction of a criminal offense. After a commission member isnotified of any allegations against her or him in writing, the commissionmember shall be entitled to one public hearing prior to removal by the governor.
