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H 8048Ethics & Transparency

Courts and Civil Procedure - Courts - Judicial Selection

It requires live streaming of Judicial Nominating Commission meetings and establishes a backup appointment process to prevent indefinite term holdovers.

Held for study
Population
Affected
15
Email Legislator
Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation changes the rules for appointing members to the Judicial Nominating Commission, the body responsible for selecting nominees for judgeships. Currently, members can stay in their positions indefinitely until a replacement is named. This bill removes that ability. If a successor is not appointed within 30 days of a member's term expiring, the Rhode Island Supreme Court Committee on Racial and Ethnic Fairness, in consultation with the Bar Association, will appoint a replacement. Additionally, the bill mandates that the Commission broadcast its open meetings live on the internet and maintain an online archive of these recordings.

For younger readers

There is a special group called the Judicial Nominating Commission that helps pick judges for Rhode Island courts. Sometimes, the government takes too long to pick new people for this group, and old members stay too long. This bill says that if the government takes too long, a different committee will pick the new member to make sure the work gets done. Also, the bill says that when this group has public meetings, they must be shown live on the internet so everyone can watch them.

Who & Where It Applies

Impacted groups
JudgesAttorneysJudicial Nominating Commission MembersState Government OfficialsGeneral Public
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Empowers the Committee on Racial and Ethnic Fairness to fill vacancies, likely increasing diversity and representation within the judicial selection process.
  • Mandates live audiovisual broadcasts and online archiving of meetings, significantly boosting government transparency and public accessibility.
  • Prevents political gridlock by establishing a clear mechanism to fill seats quickly, ensuring the commission remains functional and active.
  • Transfers appointment power to unelected bodies like the Bar Association and a court committee, potentially removing democratic accountability from the process.
  • Could lead to a technocratic selection process that favors legal insiders over community advocates or laypeople.
  • The strict thirty-day deadline might not allow enough time for a broad, inclusive search for candidates before the alternative appointment mechanism triggers.
For Conservatives
  • Increases transparency and accountability by requiring live broadcasts and archives of commission meetings.
  • Prevents the executive branch from allowing members to serve indefinitely past their terms, enforcing strict adherence to term limits.
  • Ensures the commission remains fully staffed and operational, preventing government inefficiency caused by administrative delays.
  • Explicitly empowers committees focused on "Racial and Ethnic Fairness" and "Diversity, Equity, and Inclusion," institutionalizing identity politics in the judicial selection process.
  • Dilutes the authority of the elected Governor and legislative leaders by transferring appointment powers to unelected committees and trade associations.
  • Undermines the democratic process by allowing non-governmental entities like the Bar Association to influence the composition of a state commission.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 17 additions · 2 deletions

SECTION 1. Section 8-16.1-2 of the General Laws in Chapter 8-16.1 entitled "Judicial Selection" is hereby amended to read as follows: 8-16.1-2. Judicial nominating commission.

(a) There is hereby established an independent nonpartisan judicial nominating commission which shall consist of nine (9) members, all of whom shall be residents 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 submit to the governor a list of at least three (3) attorneys;

(ii) The president of the senate shall submit to the governor a list of at least three (3) persons who may be attorneys and/or members of the public;

(iii) The speaker of the house of representatives and the president 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 representatives shall submit to the governor a list of at least three (3) members of the public; and

(v) The minority leader of the senate shall submit to the governor a list of at least three (3) members of the public.

(2) Within fourteen (14) days after June 2, 1994, the governor shall appoint to the commission:

(i) One person from each of the lists submitted in accordance with 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 the lists.

(3) The governor and the nominating authorities hereunder shall exercise reasonable efforts to encourage racial, ethnic, and gender diversity 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 the minority leader of the house of representatives and one of the attorneys appointed by the governor without regard to any of the lists shall serve for one year;

(2) The individual appointed from the list submitted by the minority leader of the senate and one of the attorneys appointed by the governor without regard to any of the lists shall serve for two (2) years;

(3) The individual appointed from the list submitted jointly by the speaker of the house of representatives and by the president of the senate and the member of the public appointed by the governor without regard to any of the lists shall serve for three (3) years; and

(4) The individuals appointed from the lists submitted by the president of the senate and by the speaker of the house of representatives and one of the attorneys appointed by the governor without regard to any of the lists shall serve for four (4) years.

(c) No person shall be appointed at any time to serve more than one term as a member of the commission; provided, however, that a person initially appointed to serve twelve (12) months or less of a full four (4) year term may, upon expiration of that term, be reappointed to serve one full term; and provided further, however, that each member shall continue to serve until his or her successor is appointed and qualified. If a successor member is not appointed within thirty (30) days following the expiration of a member’s term, the Rhode Island Supreme Court Committee on Racial and Ethnic Fairness, in consultation with the Rhode Island Bar Association and its Committee on Diversity, Equity, and Inclusion, shall appoint a qualified individual to serve as the new or replacement member for the unexpired term. No commission member shall be a legislator, judge, or elected official, or be a candidate for any public office, or hold any compensated federal, state, or municipal public office or elected office in a political party during his or her tenure or for a period of one year prior to appointment. No member of the commission may hold any other public office (except that of notary public) under the laws of the United States, of this state, or of any other governmental entity for which monetary compensation is received. No members shall be eligible for appointment to a state judicial office during the period of time he or she is a commission member and for a period of one year thereafter. No two (2) or more members of the commission shall be members or employees of the same law firm, or employees of the same profit or nonprofit corporation. Vacancies other than those arising through the expiration of a term shall be filled for the unexpired portion of the term in the same manner as vacancies due to the expiration of a term.

(d) A quorum consisting of five (5) members shall be necessary in order for the commission to conduct any business. All names submitted 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 and procedures which aid in its selection of the most highly qualified nominees for judicial office. The governor shall designate a member of the commission to serve as chairperson, who shall serve in that capacity for the duration of his or her tenure. All meetings of the commission shall be subject to the open meetings law as defined in chapter 46 of title 42. The commission shall provide a meaningful public forum, including time for public comment, prior to any final action on judicial nominations. The commission shall not require members of the public to register or sign up to speak more than forty- eight (48) hours in advance of any meeting. Written testimony shall be accepted at any time before final action is taken.

(f) The commission is hereby authorized and empowered to investigate the personal background of each nominee as it relates to a determination of judicial fitness through the Rhode Island state police and the attorney general’s office, and to require full financial disclosure under the provisions of chapter 14 of title 36, and to require disclosure of all campaign finance contributions made by or on behalf of the nominee within such period as the commission shall prescribe rule, including contributions to any candidate, political committee, or political action committee.

(g) The commission shall direct the performance of such administrative duties as may be required for the effective discharge of the obligations granted to the commission, and is hereby empowered to engage the services of legal, secretarial, clerical, and investigative employees and to make such other expenditures as are necessary for the effective performance of its functions. Expenses for office space, staffing, and necessary monetary outlays shall be provided by the department of administration as a separate line item in the state budget under the term “judicial nominating commission.”

(h) Each person appointed to the commission shall, prior to exercising 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 may remove a commission member from office for neglect of duty, malfeasance in office, or conviction of a criminal offense. After a commission member is notified of any allegations against her or him in writing, the commission member shall be entitled to one public hearing prior to removal by the governor.

(i) The commission shall provide a live audiovisual broadcast of each open meeting via the internet and shall maintain an online archive of each recording.

SECTION 2. This act shall take effect upon passage.