U.S. Attorney for Rhode Island Robert Clark Corrente, right, listens as speakers address the Judicial Nominating Commission during a public hearing Tuesday evening in Providence. To the left is Assistant U.S. Attorney Richard Rose, who spoke in support of Corrente. Corrente did not make the list of finalists.

The Providence Journal Kris Craig

PROVIDENCE –– The Judicial Nominating Commission on Tuesday night chose five sitting judges to recommend to Governor Carcieri for consideration to be the next chief justice of the Rhode Island Supreme Court.

After two rounds of voting, the nine-member commission selected acting Chief Justice Maureen McKenna Goldberg and three other justices on the high court –– Paul A. Suttell, Francis X. Flaherty and William P. Robinson III — and Superior Court Judge Francis J. Darigan Jr.

In doing so it eliminated the sixth candidate under consideration, U.S. Attorney Robert Clark Corrente, who has no judicial experience. He came up one vote short in the second round of balloting in a three-way race.

The commissioners voted after listening for almost two hours to supporters and detractors of the various candidates.

And as the candidates and a standing-room-only crowd listened in, Providence lawyer Keven A. McKenna, a former Democratic state representative, pleaded with the commission not to send any names to Carcieri. He argued that the governor and the legislature must remove the administrative functions of the chief justice from the statutes –– functions that McKenna argued pose a conflict of interest with the role of a jurist.

Each commissioner was allowed to vote for as many as five candidates in the initial round. Three of the five finalists were chosen at that point. Suttell garnered the highest number of votes –– 9. Flaherty got 8 and Darigan 7. Because each of the other candidates tied with 6 votes apiece, there was a second round of balloting.

The tension was thick as Chairman Stephen J. Carlotti announced that there would be “a run-off” among Goldberg, Robinson and Corrente and that each commissioner could cast no more than 2 votes. It took several minutes for those votes to be tallied. In the end, Goldberg and Robinson each received 6 votes and Corrente 5.

Carlotti said all six candidates were “extremely qualified. At this point,” he said just before the balloting, “it’s an incredibly hard decision” and one that would be made based “on a number of intangibles.” Rhode Island law says that in choosing finalist, the commission should consider the candidates’ “intellect, ability, temperament, impartiality, diligence, experience, maturity, education, publications and record of public, community and government service.”

Frank J. Williams, who continues to sit on the Supreme Court bench, abruptly retired as chief justice effective Dec. 30. He had been in the job, which carries lifetime tenure, for eight years.

The commission could have chosen three, four or five candidates to recommend to Carcieri. The law mandates that the governor make his selection within 21 days but his staff has said that Carcieri views that as advisory. The governor’s nominee must be confirmed by both the House and the Senate.

In addressing the commission, McKenna was highly critical of the four members of the Supreme Court who are now finalists for chief. He lambasted them in part for a decision that allowed Williams to sit on a federal military tribunal that was meant to rule on terrorism cases. McKenna contended that Williams’ participation on the tribunal would have been unconstitutional.

Darigan was sharply criticized by John Hoban, of North Kingstown, whose 22-year-old son, Andrew, died in the Station nightclub fire. Hoban said Darigan’s actions in presiding over the criminal cases of three men charged in the case showed that the judge “wanted nothing more than to be rid of this thing” and that Darigan improperly interceded in the plea bargaining and often was indifferent to the families of those who died.

But most of the testimony was positive.

Jonathan Houston, founder and executive director of the organization Justice Assistance, praised Darigan, whom Houston has known for years. Thanks to Darigan, Houston said, the justice system incorporated victims’ rights into its formal processes.

Darigan, he said, usually is assigned “the most difficult, the most emotional, the most political” cases because he handles them with fairness, humility and integrity.

Assistant U.S. Attorney Richard Rose made a pitch for his boss, saying that Corrente has distinguished himself in a tough job in which one can make enemies of old friends.

Rose credited Corrente for his role in helping to found Street Smarts, an antigang, antigun program under the auspices of which Rose has addressed thousands of students. “With Street Smarts, Bob has created a national model,” Rose said, that has been duplicated in Virginia and New Orleans.

Susan Rodriguez, a former law clerk for Suttell, declared, “Everyone respects him. … He has a remarkable ability to connect with people.”

Patricia Rocha, a lawyer and daughter of the late Family Court Judge Gilbert T. Rocha, described Robinson as “a scholar with a sharp mind and the highest degree of ethics. … He is respectful and fair.”

Sister Elizabeth McAuliffe, president of St. Mary Academy Bay View, said of Goldberg, “She loves to ask hard questions. … She has a very warm and caring heart if you’re willing to take the time to find it.” Goldberg is a member of Bay View’s board of directors.

Daniel Egan, chairman of the Association of Independent Colleges and Universities of Rhode Island, said Flaherty had played a crucial role in shaping his formative years as a young man.

gsmith@projo.com