Rhode Island Code of Regulations › Title 545 - Judicial Nominating Commission › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - Uniform Rules of Procedures (545-RICR-10-00-1) › Section 545-RICR-10-00-1.1 - Initial Procedure: Investigative Sources: Notice

Current through June 14, 2024
A. Whenever a notice
				 of vacancy is issued by the governor for the filling of a judicial office
				 within the jurisdiction of the Judicial Nominating Commission (the
				 "Commission"), said Commission shall actively seek out and encourage
				 applications from qualified individuals who will reflect the diversity of the
				 community they will serve and shall receive and review the approved background
				 statements submitted by those who voluntarily request consideration and those
				 whose names are submitted to the Commission from any other source who otherwise
				 consent in writing to such consideration. The Commission shall require
				 completion of a questionnaire which shall include a waiver of confidentiality
				 of all materials necessary to adequately investigate each applicant, including
				 but not limited to, disciplinary records of the Rhode Island Supreme Court
				 Disciplinary Board, records of the Rhode Island Ethics Commission, and records
				 maintained by the Rhode Island State Police and/or any law enforcement
				 agency.
B. The Commission shall
				 advertise for the filling of judicial vacancies in newspapers circulated
				 throughout the State of Rhode Island, including minority publications, seeking
				 applications for nominations from all persons who meet the eligibility
				 requirements of the Rhode Island Constitution and R.I. Gen. Laws Chapter
				 8-16.1, (the "Statute"). Said advertisement shall encourage racial, ethnic, and
				 gender diversity within the judiciary of this State and shall be published for
				 a reasonable amount of time to afford notice to prospective applicants and in
				 consideration of the deadlines imposed by the enabling Statute. It shall be the
				 policy of the Commission to seek and receive recommendations from all
				 interested persons and groups. The Commission shall acknowledge receipt of each
				 application submitted for the filing of judicial vacancies.
C. Upon receipt of a request for an
				 application for any judicial vacancy, no member of the commission, nor any
				 employee, shall disclose the name of any persons who requested an application
				 for a judicial vacancy and is not granted an interview for such vacancy by the
				 Commission.
D. Upon receipt by the
				 Commission of a notice of judicial vacancy or prospective vacancy by the
				 Governor, no member of the Commission shall communicate, except as provided
				 herein, with an applicant or prospective applicant, the Governor, a member of
				 the House or Senate referred to in R.I. Gen. Laws §
										8-16.1-2(1), or a
				 representative of any of the foregoing, concerning any applicant or prospective
				 applicant for a judicial vacancy. All communications by the above persons must
				 be made to the Commission in writing or at a Commission meeting. This
				 prohibition shall be in effect until the Commission submits the names of
				 applicants or prospective applicants to the Governor pursuant to §
										1.5     of
				 this Part.
E. Substantive
				 communications about an applicant with any person shall be disclosed to the
				 Commission at the next meeting of the Commission, in closed session.
F. The Commission by majority vote may
				 authorize members of the Commission, or any other person to investigate any
				 matters concerning a potential applicant, which matters are for the benefit of
				 the Commission to consider the applicant for the vacancy. The member, or any
				 other person authorized by the Commission for such investigation, shall report
				 to the Commission of all findings in relation to the investigation.