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11.29.2000 00:18
Panelists weigh merits of next chief justice
Six of the 9 members of the Judicial Nominating Commission say they have some opinions of the candidates, but have not made up their minds yet.

By JONATHAN D. ROCKOFF
Journal Staff Writer

After sorting through lengthy r sum s, listening to hours of interviews and poring over hundreds of letters, the Judicial Nominating Commission will select finalists for chief justice of the state Supreme Court tonight.

Six judges from various state courts have applied for the coveted post overseeing the state judiciary, which has a $60-million budget and roughly 700 employees and handles cases from divorce to workers' compensation.

Six of the nine members of the commission said yesterday that they had rough ideas about some of the candidates that they would vote for, but they had not made up their minds. They select from three to five finalists.

"I don't have my full five yet," said C. June Tow, of Providence, a former history teacher, restaurateur and president of the League of Women Voters of Providence, who was appointed to the commission by Governor Almond.

Like many commissioners, Tow said she would be influenced by this evening's session. First the public will have a chance to comment. Then the nine commissioners will discuss the candidacies in a closed session.

Finally, the commission will vote in public. It can submit the names of three to five finalists to the governor. He then has 21 days to nominate one. Both houses of the General Assembly must confirm the choice.

The opening is being created by the scheduled departure in February of the current chief justice, Joseph R. Weisberger. Two of his colleagues, Justices Robert G. Flanders Jr. and Victoria S. Lederberg, have applied.

The other candidates are: Family Court Chief Judge Jeremiah S. Jeremiah Jr. and Superior Court Judges Francis J. Darigan Jr., Michael A. Silverstein and Frank J. Williams.

Tow said the qualities she is looking for in a chief justice are integrity, humility and a willingness to review the state's traffic court, the subject of a recent scandal and a continuing object of public contempt.

William Rampone, who was appointed by House Speaker John B. Harwood, called temperament crucial. A lawyer in Providence, Rampone said he prefers judges who treat everyone in their courtroom equally and warmly.

Rampone also said he favors a chief justice who could build consensus with the other Supreme Court justices, since a majority is needed to pass a decision. "That involves certain skills," Rampone said.

For Jonathan K. Farnum, president of a Central Falls company that makes braiding machines, the candidates' education is important as well as their ability to present a good public face of the courts.

"There is so much cynicism," said Farnum, who was appointed by Senate Minority Leader Dennis L. Algiere. "Many of us are looking for somebody who can be a proponent of the system -- to make the system understandable."

Bruce Wolpert, a lawyer in Providence who was appointed by Almond, said administrative experience was an important factor, since the next chief justice will be managing the judiciary besides serving as a jurist.

Like other commission members, Wolpert said he has read the candidates' applications, read their letters of recommendation and bumped into many Rhode Islanders who have shared opinions about the candidates.

Wolpert's law practice does a lot of commercial and health-care work. He said he has not appeared before Jeremiah, so he has asked lawyers who litigate regularly in Family Court for opinions about the chief judge.

THIS EVENING'S session, which starts at 4:30 in Conference Room A of the state Department of Administration building across from the State House, is the first involving the merit selection of a chief justice.

The commission was established in 1994 after two previous chief justices, effectively chosen by the speaker, were forced out by scandals. The commission was designed to remove politics from the selection of judges.

Although this evening's public comment is not expected to be overly critical, at least one speaker, the Rev. Anne Grant, has told the commission's chairman that she will criticize Jeremiah's child-custody decisions.

Yesterday, Jeremiah's staff produced copies of several recommendations sent on his behalf to Almond, including a letter from Deborah DeBare, executive director of the Rhode Island Coalition Against Domestic Violence.

Commission member David P. Kerins, a Newport lawyer appointed by former Senate Majority Leader Paul S. Kelly, said he would probably use the executive session to caution fellow members about criticizing Jeremiah.

"Being a Family Court judge is one of the most difficult positions," Kerins said, describing its case load of divorces, child custody and division of property. "That's something I would bring to the executive session."

According to Alan S. Flink, a former member of the commission, members use the executive session to promote their cherished candidates. Flink said they may note, say, a candidate's community service and touch with people.

Each member can cast up to five votes in support of different candidates. Some members said the discussions during the executive session influence their final one or two votes. They said the public comments affect them, too.

Kevin A. Turner, who sells medication for a pharmaceutical company, said, "The executive session is a nice way to solidify your thoughts." He said he is compiling a list of the pros and cons of each candidate.

In some respects, this evening's vote will be easier than other votes involving far more candidates because the commission need only knock 1 of the 6 candidates off the list to come up with the finalists.

But the commissioners said that also makes their job more difficult. And Turner, who was appointed by House Minority Leader Robert A. Watson, said excluded candidates should not misread rejection.

"I don't think that's a reflection of them as a judge or a lawyer," he said. "It's a reflection that we couldn't send six names to the governor."

Read the resumes of the six candidates seeking to become the next chief justice of the Rhode Island Supreme Court:

http://www.projo.com/news/risupreme/

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