PROVIDENCE — The naming of judges is inherently political, not just in Rhode Island but nationwide, was the message at a judicial forum this week.

And the best antidote to political influence: shine as much light on the process as possible.

“I think partisan politics permeates the entire process,” University of North Carolina School of Law Prof. Michael Gerhardt told a small crowd of mostly lawyers and judges Thursday night in U.S. District Court.

Gerhardt served as an adviser to the White House for the confirmation of U.S. Supreme Court Justice Stephen G. Breyer and assisted the Senate Judiciary Committee with the confirmation of Justice Sonia Sotomayor. On Thursday, he was one of three panelists to take up the topic of judicial selection at a talk moderated by U.S. District Court Chief Judge Mary M. Lisi. He was joined by D. Alan Rudlin, a senior partner at Virginia-based Hunton & Williams, and Roger Williams University School of Law Prof. Michael Yelnosky.

Rudlin noted Rhode Island is one of 24 states to select judges based on merit and among three to name judges for life.

Though merit-based selection is vastly better than electing judges, Rudlin said, there is no clear evidence it widens diversity or raises the level of legal experience on the bench, or takes politics out of the process. But there are clear indications it leads to judges hailing from more prestigious law schools, though fewer come from religious minorities.

Rhode Islanders voted in 1994 to change the selection process after two state Supreme Court chief justices resigned amid corruption allegations. Previously, choosing Supreme Court justices rested with state lawmakers, while the governor nominated lower court judges who needed Senate approval.

The changes created a nine-member Judicial Nominating Commission that does the initial vetting of judicial candidates. The commission decides which candidates it will interview, and chooses three to five names to send to the governor. The governor’s nominee needs Senate approval, and chief justices need full legislative consent.

But Yelnosky noted flaws in the system. The insulation from public view at the outset of the selection process could allow the commission to “exclude someone and no one will ever know.”

Additionally, six of nine JNC members are serving past the expiration of their terms, one eight years past. And governors routinely do not abide by the 21-day deadline, Yelnosky said.

“Miscellaneous lawlessness breeds more cynicism,” Yelnosky said, adding “when the culture is to tolerate [infractions in the law], Rhode Islanders say same old, same old.”

The forum 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, including Roger Williams.

kmulvane@projo.com