AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION (Requires individuals seeking a judicial nomination to reapply to JNC every 3 years and make those individuals selected as finalists, eligible only for the court in which they applied and were chosen during the five years following their selection.)

H7641

2026 -- H 7641
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LC005005
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION

Introduced By:
Representatives Dawson, McEntee, and Boylan

Date Introduced:
February 11, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 8-16.1-6 of the General Laws in Chapter 8-16.1 entitled "Judicial
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Selection" is hereby amended to read as follows:
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8-16.1-6. Nomination and appointment of judges.
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(a)
(1)
The governor shall immediately notify the commission of any vacancy or
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prospective vacancy of a judge of any state court other than the Rhode Island supreme court. The
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commission shall advertise for each vacancy and solicit prospective candidates and shall consider
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names submitted from any source. Within ninety (90) days of any vacancy, the commission shall
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publicly submit the names of not less than three (3), and not more than five (5), highly qualified
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persons for each vacancy to the governor.
The governor shall fill any vacancy of any judge of the
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Rhode Island superior court, family court, district court, workers’ compensation court, or any other
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state court that the general assembly may, from time to time, establish, by nominating one of the
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three (3) to five (5) highly qualified persons forwarded to him or her by the commission for the
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court where the vacancy occurs.
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(2) Notwithstanding any other law to the contrary, for the period of five (5) years following
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July 1, 2026, any individual whose name was publicly submitted to the governor by the
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commission, as described in subsection (a)(1) of this section, shall also be eligible for subsequent
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nomination by the governor for any vacancy, or prospective vacancy, of a judge in the same court
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for with that particular individual had previously applied except for a vacancy in the position of
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presiding justice, chief justice or chief judge.

1

(3) Such individuals shall remain eligible for nomination to fill any vacancy, or prospective
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vacancy, with the same court to which they previously applied for a period of five (5) years from
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the date their name or names were publicly submitted to the governor by the commission unless:
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(i) Such individuals withdraw from future consideration in writing to the judicial
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nominating commission; and/or
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(ii) The judicial nominating commission votes to terminate the individual’s eligibility.
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However, such individuals shall reapply for any subsequent vacancy, or prospective vacancy, in
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the same court for the position of presiding justice, chief justice, or chief judge. Any individual
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who has applied for any vacancy or prospective vacancy shall, after a period of five (5) years,
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reapply in order to be considered for any vacancy or prospective vacancy in the court in which their
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names were previously submitted.
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(4) Subject to the eligibility requirements set forth in this section, the governor shall fill
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any vacancy of any judge of the Rhode Island superior court, family court, district court, workers’
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compensation court, or any other state court that the general assembly may, from time to time,
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establish, by nominating one of the three (3) to five (5) highly qualified persons forwarded to the
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governor by the commission for the court where the vacancy occurs, or by nomination another
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individual who has previously applied for a vacancy or prospective vacancy within the same court
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and whose name had been previously publicly submitted to the governor within the previous five
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(5) years.
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(5) The provisions of subsections (a)(2) through (a)(4) of this section shall sunset and
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expire on July 1, 2029 unless extended by the general assembly.
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(b) The governor shall fill any vacancy within twenty-one (21) days of the public
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submission by the commission.
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(c) Each nomination shall be forwarded forthwith to the
secretary of the
senate
for
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presentation to the senate
, and by and with the advice and consent of the senate, each nominee shall
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be appointed by the governor to serve subject to the general laws. The senate shall, after seven (7)
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calendar days of receipt of the nomination consider the nomination, but if the senate fails within
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ninety (90) days after the submission to confirm the nominee, or if the senate does not, by a majority
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vote of its members, extend the deliberation an additional seven (7) calendar days, the governor
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shall appoint some other person to fill the vacancy and shall submit his or her appointment to the
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senate for confirmation in like manner until the senate shall confirm the nomination. If the nominee
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is rejected by the senate, the commission shall submit a new list of three (3) to five (5) candidates
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to the governor for the purpose of nomination in accordance with this chapter. Any new list may
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include, but need not be limited to, the names of any candidates who were previously submitted to

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the governor by the commission but who were not forwarded to the senate for its advice and
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consent.
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(d) During the time for consideration of the nominees by the senate, the senate judiciary
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committee shall conduct an investigation and public hearing on the question of the qualifications
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of the nominee or nominees. At the public hearing, the testimony of every witness shall be taken
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under oath and stenographic records shall be taken and maintained. Further, the senate judiciary
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committee shall, during the course of its investigation and hearing, have the power upon majority
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vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and
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orders for the production of books, accounts, papers, records, and documents that shall be signed
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and issued by the chairperson of the committee, or the person serving in his or her capacity. All
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such subpoenas and orders shall be served as subpoenas in civil cases in the superior court are
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served, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as
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provided for witnesses in civil cases in the superior court. If the person subpoenaed to attend before
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the committee fails to obey the command of the subpoena without reasonable cause; refuse to be
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sworn; or to be examined; or to answer a legal and pertinent question; or if any person shall refuse
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to produce books, accounts, papers, records, and documents material to the issue, set forth in an
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order duly served on him or her; the committee by majority vote of the committee members present
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may apply to any justice of the superior court, for any county, upon proof by affidavit of the fact,
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for a rule or order returnable in not less than two (2), nor more than five (5), days, directing the
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person to show cause before the justice who made the order or any other justice of the superior
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court, why he or she should not be adjudged in contempt. Upon the return of the order, the justice
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before whom the matter is brought on for hearing shall examine under oath the person, and the
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person shall be given an opportunity to be heard, and if the justice shall determine that the person
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has refused without reasonable cause or legal excuse to be examined, or to answer a legal and
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pertinent question, or to produce books, accounts, papers, records, and documents material to the
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issue that he or she was ordered to bring or produce, he or she may forthwith commit the offender
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to the adult correctional institutions, there to remain until the person submits to do the act which he
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or she was so required to do, or is discharged according to law.
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(e) The committee shall, for the purpose of investigating the qualifications of the nominee
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or nominees, be furnished with a report compiled by the state police in conjunction with the attorney
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general’s office indicating the determinations and findings of the state police and attorney general’s
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office investigations concerning the background of the nominee or nominees, and the report shall
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include, but not be limited to, the following:
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(1) Whether the nominee has ever been convicted of, or pleaded guilty to, a misdemeanor

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or felony in this or any other state or foreign country;
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(2) Whether the nominee has ever filed a personal bankruptcy petition or an assignment for
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the benefit of creditors in this or any other state or foreign country; and whether the nominee has
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ever been a partner in, held ten percent (10%) or more of stock in, or held office in any sole
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proprietorship, partnership, or corporation that has been involved in bankruptcy or receivership
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actions as a debtor or because of insolvency at the time the nominee was a partner in, held ten
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percent (10%) or more stock in, or held office in any such sole proprietorship, partnership, or
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corporation;
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(3) Whether the nominee has ever had a civil judgment rendered against him or her arising
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out of an allegation of fraud, misrepresentation, libel, slander, professional negligence, or any
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intentional tort in this state or any other state or foreign country;
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(4) The state police, in conjunction with the attorney general’s department, shall provide
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in their report the names and addresses of each and every source of their information.
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(f) The reports set forth in this section shall be delivered to the chairperson and members
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of the senate judiciary committee in addition to the nominee or nominees only prior to the
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commencement of the public hearing. Provided, however, that if the nominee or nominees
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withdraw or decline the appointment prior to the public hearing, then the report or reports shall be
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returned to the chairperson of the judiciary committee and destroyed.
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(g) The committee shall also require a financial statement to be submitted by each nominee,
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prior to the public hearing, to the chairperson of the senate judiciary committee, to investigate each
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nominee to determine his or her compliance with the provisions of chapter 14 of title 36.
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(h) Any associate justice of any state court who is appointed to serve as the chief or
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presiding justice of that court on an interim basis shall retain his or her status as an associate justice
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until the appointment to chief or presiding justice is made permanent.
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(i) In case a vacancy shall occur when the senate is not in session, the governor shall appoint
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some person from a list of three (3) to five (5) persons submitted to the governor by the commission
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to fill the vacancy until the senate shall next convene, when the governor shall make an appointment
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as provided in this section.
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SECTION 2. This act shall take effect on July 1, 2026.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION
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This act would require individuals seeking a judicial nomination to reapply to the judicial
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nomination commission every five (5) years and make those individuals selected as finalists,
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eligible only for the court in which they applied and were chosen during the five (5) years following
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their selection. The five (5) year eligibility provision would sunset and expire on July 1, 2028 unless
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extended by the general assembly.
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This act would take effect on July 1, 2026.
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