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12.22.2000
Almond to nominate chief justice after Jan. 1
 The governor delays his pick until the General Assembly is back in session to give legislators 60 days to consider the next leader of the Supreme Court.
By JONATHAN D. ROCKOFF
Journal Staff Writer
Governor Almond is deliberating on his choice for chief justice of the state Supreme Court after completing interviews with the five finalists and does not expect to make an announcement until after New Year's, his spokeswoman said.
Almond has not ruled out any of the candidates, including Supreme Court Justice Robert G. Flanders Jr. and Family Court Chief Judge Jeremiah S. Jeremiah Jr., Lisa Pelosi, the governor's spokeswoman, said yesterday.
The Journal reported yesterday on the controversial style of Jeremiah, who has been criticized for making decisions on cases without both sides present, and for allowing House Speaker John B. Harwood to join cases recently before him.
Harwood, a lawyer whose approval as House speaker is a prerequisite to the confirmation of the next chief justice, opposes Flanders for dissenting from a recent decision affirming the General Assembly's considerable power in state government.
"The governor has made it clear that he will be taking into account a number of factors," Pelosi said. "But in the end, he will put forward the person that he believes is best qualified for the position."
Rhode Island's legal community has been closely watching the State House for any signs suggesting the leanings of Almond, who must choose a successor for Chief Justice Joseph R. Weisberger, who is leaving Feb. 24.
Almond has been drawing on the counsel of two leading figures in his administration, Chief of Staff Michael A. DiBiase and Executive Counsel Joseph S. Larisa Jr., in interviewing the candidates and deliberating.
The interviews finished on Monday with a 11/2-hour talk with Superior Court Judge Frank J. Williams, who is considered by lawyers, judges and court officials to be a favorite for the post because of his Republican ties.
Almond is a Republican. Jeremiah, another Republican, is also considered a favorite. Flanders, too, is a Republican, but observers feel his dissent in the General Assembly powers' case diminished his chances.
The other two candidates, Supreme Court Justice Victoria S. Lederberg and Superior Court Judge Francis J. Darigan Jr., are considered less likely selections because they are Democrats. The legislature is controlled by Democrats.
On Wednesday, Almond conferred with DiBiase and Larisa about the five candidates. Pelosi said the governor is talking to others inside and outside of state government, too. The governor declined to comment.
Under the state law governing the selection of judges, Almond technically should have made his pick and forwarded it to the General Assembly for confirmation by yesterday. The House and Senate must approve the choice.
But the General Assembly is not in session, and Almond will be busy with the holidays and as a courtesy, he wants to present his choice to the state legislature when it is in session, Pelosi said.
By delaying the naming of a nominee until the legislature's return Jan. 2, Pelosi said, Almond wants to give the General Assembly the full 60 days under the law to consider and then vote on the choice.
In a 1997 power play, the legislature's leadership scuttled Almond's first choice for a Supreme Court justice, Margaret E. Curran. The failed nomination raised questions about the governor's prep work for the candidacy.
According to Pelosi, Almond's chief of staff, DiBiase, has talked recently to the General Assembly's leaders about the chief justice vacancy.
Following are thumbnail sketches of the five finalists:
Darigan, 58, of Jamestown, was a District Court judge for seven years before joining the Superior Court in 1991. In Superior Court, he has handled a range of cases, from murder to product liability.
A long-time resident of Providence's south side, Darigan is well-regarded for his efforts to improve the community and help its new, immigrant residents. He chairs a committee looking at bias in the courts.
He graduated from Providence College in 1964. Then he served two years in U.S. Army intelligence. In 1971, he received a law degree from Suffolk University. Later, the University of Rhode Island awarded him a master's degree in public administration.
In the 1970s, Darigan was active in Providence politics, serving on the City Council and three times running unsuccessfully for mayor. He practiced law privately, first for an insurance company and then with law firms.
Flanders, 51, of East Greenwich, has been a justice on the Supreme Court since 1996. Lawyers have said Flanders has distinguished himself as one of the Supreme Court's leading thinkers.
According to his r
sum
, Flanders possesses an array of eclectic interests: "Tennis, clarinet, jazz, poetry and literature, cigars, history."
In 1971, Flanders graduated from Brown University, where he played baseball and football with enough aplomb to get drafted by the Detroit Tigers and record Brown's longest run from scrimmage, 94 yards.
Flanders received a law degree, in 1974, from Harvard University. Then he practiced law for a year for a large New York City law firm, before returning to Rhode Island to practice at Edwards & Angell and then on his own.
From 1976 to 1990, he was a solicitor in Glocester. He served on the Barrington Town Council from 1982 to 1986. He has held a variety of positions in state government, including special legal counsel to state agencies.
Jeremiah, 65, of Pawtucket, has run the Family Court since 1987, overseeing 11 judges, seven magistrates, 180 employees and a budget of nearly $12 million. He established courts for truants and juvenile drug offenders.
The Family Court handles some of the court system's most bitter and difficult cases, but numerous chief judges, lawyers and advocates have supported Jeremiah's candidacy, praising his innovative programs and fairness.
Jeremiah graduated, in 1957, from Boston University. In 1961, he received a law degree from Boston University's law school, and then he clerked for a Rhode Island Supreme Court justice, Thomas Paolino.
Afterward, Jeremiah practiced privately in Cranston. While Edward D. DiPrete was Cranston's mayor, Jeremiah was the city's solicitor. When DiPrete was elected governor, Jeremiah became his legal counsel.
In 1986, Jeremiah was appointed a Family Court judge.
Lederberg, 63, of Providence, has been a Supreme Court justice since 1993. There, she has applied her scientific background in establishing the court's standards for admitting scientific evidence.
Lederberg has trailblazed a path for women in state academic, government and legal circles.
With a bachelor's degree in biology and a doctorate in psychology from Brown University, she taught psychology for years at Rhode Island College. In the 1970s and '80s, she served in the House and then Senate.
In 1973, Lederberg decided to get a law degree, which she received from Suffolk University in 1976. From 1977 until her Supreme Court appointment, she practiced law privately for a firm and then on her own.
She has also been a municipal judge in Providence.
Williams, 60, of Hope Valley, has been a Superior Court judge for the past five years. He is well-known as an Abraham Lincoln scholar, with his r
sum
listing membership in 17 Lincoln study groups, including one in Taiwan.
His Superior Court office is stuffed with Lincoln paraphernalia, from books about the former president to statues to pictures. And he spices his conversation with references to Lincoln's words.
Williams graduated from Boston University in 1962. He thenserved five years in the U.S. Army, rising to captain and earning a Bronze Star. He served on the border between West and East Germany and in Vietnam.
In 1970, he graduated from Boston University's Law School, and later he received a master's degree in taxation from Bryant College. From 1970 to 1995, he practiced law privately and was solicitor for several communities.
Digital Extra
Review the r
sum
s of the remaining candidates for chief justice of the state Supreme Court:
http://projo.com/news/risupreme/
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