545 R.I. Code R. 545-RICR-10-00-1.1

Current through November 7, 2024
Section 545-RICR-10-00-1.1 - Initial Procedure: Investigative Sources: Notice
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.

545 R.I. Code R. 545-RICR-10-00-1.1