Rhode Island Code of Regulations Title 545 - Judicial Nominating Commission
Here’s a comprehensive overview of Rhode Island Code of Regulations (RICR) Title 545 – Judicial Nominating Commission, current through March 25, 2025:
🏛️ Overview & Legal Basis
Title: Judicial Nominating Commission
Chapter 10 – General Provisions, Subchapter 00
Establishes rules and procedures guiding the Commission in screening applicants for judicial vacancies (rules.sos.ri.gov, risos-apa-production-public.s3.amazonaws.com).
👥 Composition & Appointments
The Commission has nine members, all Rhode Island residents.
Appointment procedure per R.I. Gen. Laws § 8‑16.1‑2:
Speaker of the House – 1 from list of ≥3 attorneys
President of the Senate – 1 from list of ≥3 (attorneys/public)
Speaker & Senate President jointly – 1 from list of ≥4 public members
Minority leaders in both chambers – each provide lists of ≥3 public members, from which 2 are appointed
Governor additionally appoints three attorneys and one public member without lists
Terms last four years, with initial staggering for first appointees (webserver.rilegislature.gov).
📝 Duties & Procedures
Recruitment & Outreach
Upon a judicial vacancy notice, the Commission issues statewide advertisements— including minority press— to solicit diverse candidates (law.cornell.edu).
A questionnaire and background-release waiver are required for each applicant, enabling review of court disciplinary and ethics records (law.cornell.edu).
Confidentiality & Communications
Applicant identities remain confidential until interviews are granted (law.cornell.edu).
Commissioners must limit ex-parte communications and disclose any they receive, with substantive exchanges reported at the next closed meeting (law.cornell.edu).
Screening & Interviews
The Commission forms subcommittees to review submissions and schedules interviews in public session (with closed parts if needed) (risos-apa-production-public.s3.amazonaws.com).
Applicants must supply financial disclosures, including tax returns for the past three years (risos-apa-production-public.s3.amazonaws.com).
Selection Criteria
Nominees are evaluated on personal integrity, legal knowledge, reputation, experience, temperament, impartiality, and administrative capability (risos-apa-production-public.s3.amazonaws.com).
✅ Final Nomination Process
By majority vote in public session, the Commission selects 3–5 finalists to forward to the Governor (risos-apa-production-public.s3.amazonaws.com).
Voting process: each Commissioner gets up to 5 votes (no duplicate votes), proceeding through rounds until final slate achieved. Results submitted alphabetically, including investigative files (regulations.justia.com).
📜 Ethical Standards & Governance
Commission members must avoid actions that undermine public trust and disclose conflicts of interest—recusing themselves when appropriate .
The Governor-designated Chair serves a four-year term, votes on all matters, and handles record-keeping and succession responsibilities (law.cornell.edu).
Any amendments to these rules require a majority vote by the Commission (risos-apa-production-public.s3.amazonaws.com).
🧾 Summary Table
Area
Details
Membership
9 members, appointed via legislative lists & governor picks
Terms
4 years, initial staggered service
Recruitment
Statewide ads, diversity focus
Screening
Questionnaire, background checks, subcommittees
Interview Process
Public interviews; financial disclosures required
Final Slate
3–5 nominees chosen via multi-round voting
Ethics & Confidentiality
Strict conflict-of-interest and communication rules
Governance
Chair leads with voting/minute-keeping duties
Rule Amendments
Majority vote required
RELATED Blog
0 comments