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STATE OF RHODE ISLAND
JUDICIAL NOMINATING COMMISSION
MEMORANDUM
TO: PROSPECTIVE CANDIDATES FOR JUDICIAL OFFICE
FROM: GIRARD R. VISCONTI, CHAIRPERSON
RE: APPLICATION PROCESS
FOR THOSE OF YOU WHO HAVE APPLIED IN THE PAST, PLEASE NOTE THAT AS OF NOVEMBER
1999 WE HAVE COMBINED THE PERSONAL DATA QUESTIONNAIRE (PDQ) AND THE FINANCIAL
STATEMENT. SECTION E ON THE PDQ IS NOW ENTITLED FINANCIAL INFORMATION.
The Judicial Nominating Commission solicits and reviews applications from
candidates for judgeships in Rhode Island. By statute, the Commission is directed
to submit a list of three to five highly qualified candidates for each vacancy
to the Governor. The Governor then nominates a candidate from this list, subject
to the advice and consent of the legislature.
The application process is as follows:
When the Governor notifies the Commission of a judicial vacancy (or prospective
vacancy), we advertise the opening in the Providence Journal, Rhode Island
Lawyers Weekly, Providence American, and a variety of local and community
newspapers throughout the state, to solicit inquiries from prospective candidates.
This initial public notice directs interested candidates to notify the Commission
in writing to express an interest in the vacancy. We then send to each respondent
an application package, which consists of a personal data questionnaire, which
must be completed and returned to the Commission by a specified deadline.
Previous applications will be kept valid for one year except for financial
updating and other information an applicant wishes to furnish. But anyone
having an application on file must inform the Commission in writing that they
wish to be considered for a current vacancy.
Note: Application must be signed and dated. If any part of the application
is incomplete when the Commission receives it, it will not be considered.
Therefore, it is critical to enclose all of the requested information.
The Commission then meets to consider the applications and decide which candidates
it will interview. A portion of this meeting is usually conducted in closed
session, for any discussions of the job performance, character, or physical
or mental health of the applicants. See RIGL § 42-46-5(a)(1). If you
prefer that all discussion about your application be held in open session,
you must notify the Commission in writing. We then notify the chosen interviewees
of the date and time of their interviews. All interviews are conducted in
open session.
Once the Commission has compiled a list of interviewees, a copy of this
list is forwarded to the Rhode Island State Police, the Rhode Island Ethics
Commission, the Chief Disciplinary Counsel, and the Attorney General’s
office, each of which conducts a background check and reports the results
of those checks to the Commission. After receiving completed background
checks, the Commission may meet again in closed session, for any discussions
of the
job performance, character, or physical or mental health of the applicants
see
RIGL § 42-46-5(a)(1).
In addition to the interviews and background checks, the Commission schedules
a public meeting to receive comment about the applicants under consideration.
This public meeting is advertised in the Providence Journal, and each applicant
is notified in writing of the date and time of the meeting. The Commission
also welcomes the submission of written comment concerning the applicants.
After the completion of the public comment session, the Commission deliberates
in closed session to discuss the various candidates. Following this deliberation
conference, the Commission votes in open session on the candidates under consideration.
At the completion of the vote, the Commission transmits to the Governor’s
office a list of three to five highly qualified candidates for the vacancy.
Note: R.I.G.L. 8-16.1-4(b) states in part that the Judicial Nominating Commission shall
report to the general assembly and to the governor on (i) the statistics
regarding the race, ethnicity and gender of applicants
considered by the
Commission. . .
The Judicial Nominating Commission has a legal opinion that it must request
diversity data on a voluntary basis from the applicants; and this data must
be collected anonymously from the applicants.
This act also requires that the Commission must produce an annual report
on its efforts to encourage diversity within the judiciary in Rhode Island.
This report will be sent to the governor and the legislature and will be made
available to the public.
Therefore if you wish to voluntarily participate in the collection of this
data, kindly answer the questions on the Voluntary Supplement to the Personal
Data Questionnaire enclosed and return to the Commission in the enclosed envelope.
If you do not answer these questions your application will not be deemed incomplete.
If you have any additional questions about the application and selection
process, please contact the Legal Assistant for the Judicial Nominating
Commission,
JoAnn Dubuc at (401) 331-3800.
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