Rhode Island news

Comments | Recommended

District Court seminar in Providence to focus on judicial appointments

01:00 AM EDT on Friday, September 18, 2009

By Katie Mulvaney

Journal Staff Writer

PROVIDENCE — Judges decide whether a person heads to jail, how divorce settlements play out and estates are distributed. In Rhode Island, they hold lifetime posts, with generous pensions at retirement.

How those coveted and powerful positions are awarded in Rhode Island, and nationwide, will be the topic of a discussion from 7 to 9 p.m., Sept. 24, in U.S. District Court.

The free talk comes at an opportune time locally. By the time Governor Carcieri leaves office, he is expected to have appointed 40 percent of the judiciary, including the full state Supreme Court, with the exception of Justice Maureen McKenna Goldberg.

President Obama, too, faced filling four dozen openings on federal trial and appeals courts upon taking office. He is now considering recommended nominees from Rhode Island: state Superior Court Judge Ojetta Rogeriee Thompson to fill a 1st U.S. Circuit Court of Appeals seat and John J. “Jack” McConnell Jr. to the U.S. District Court in Rhode Island.

U.S. District Chief Judge Mary M. Lisi will moderate next week’s discussion, which will feature three panelists, each specializing in an aspect of judicial selection.

Prof. Michael J. Gerhardt, of the University of North Carolina School of Law, will focus on the federal courts. He plans to speak about the U.S. Supreme Court selection and the myths it generates, as well as ways the confirmation process might be improved, he said.

“These are some of the most important decisions presidents and senators make,” Gerhardt said.

Roger Williams University School of Law Dean David A. Logan, one of the organizers, said D. Alan Rudlin will address federal appointments and the selection process in other states. Rudlin, a senior partner with Hunton & Williams in Virginia, sits on the American Bar Association committee that ranks nominees to the federal bench.

Prof. Michael J. Yelnosky, also of Roger Williams University School of Law, will speak about Rhode Island’s merit-based selection of judges, Logan said. Unlike many other states, which elect judges, Rhode Island chooses judges through an interview and public hearing process.

In 1994, Rhode Island voters approved a state constitutional amendment requiring a merit selection in which a nine-member Judicial Nominating Committee screens candidates for all state judgeships and conducts public interviews. Some criticize the process as one of political bartering.

Tuesday was the deadline for applicants to apply for the Supreme Court seat vacated by Paul A. Suttell’s elevation to chief justice, the most recent state court opening.

The talk is the second in this year’s University Symposia Series sponsored by the U.S. District Court, the federal bench-bar committee and area schools. The first, Face the Music: An Open Conversation on File Sharing, explored how the music industry has changed since a college student developed the first program to share music over the Internet a decade ago and the thousands of copyright infringement lawsuits it has spawned.

The third discussion will take place in November at Providence College. It will focus on immigration issues and proposals for immigration reform. Providence College’s general counsel, Marifrances McGinn, will lead the conversation.

It is the second year running that the court has joined with the committee and area colleges and universities to sponsor the series. Last year’s topics touched on court architecture and other issues, and marked the centennial celebration of the U.S. District Court building.

Logan said the series is intended to broaden and deepen public appreciation of the judicial system.

kmulvane@projo.com

Advertisement

Reader Reaction