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No timetable set for judicial nominees

01:00 AM EDT on Thursday, June 25, 2009

By Katie Mulvaney

Journal Staff Writer

PROVIDENCE — Two down and five, possibly six, to go.

In the last month, Governor Carcieri has sent two judgeship nominations to the legislature for confirmation. Now, five seats, and presumably soon to be a sixth, remain open.

The governor’s spokeswoman, Amy Kempe, on Wednesday would not indicate whether more nominations would be coming as the General Assembly edges toward the end of the session.

“We’re getting through the vetting process,” Kempe said. “We will make announcements when that process is done.” She did not provide details about where the interview and vetting process for potential nominees stands.

The Senate, meanwhile, is poised to confirm Supreme Court Justice Paul A. Suttell on Thursday as the next chief justice. Suttell’s nomination cleared the House and Senate Judiciary Committees and the full House earlier this week. If he is confirmed to succeed the retiring Frank J. Williams as chief, Suttell’s elevation will create another vacancy on the Supreme Court.

Also on Thursday, the Senate Judiciary Committee will take up the governor’s nomination of Kristin E. Rodgers for a Superior Court seat. The full Senate probably will take up Rodgers’ appointment Friday if her nomination is recommended by the committee, said Senate spokesman Greg Pare. Carcieri nominated Rodgers last Wednesday, the same day her father, Superior Court Presiding Justice Joseph F. Rodgers Jr., announced he would retire in August.

Both confirmations would take place before tighter pension rules for new judges would take effect July 1 under the new budget proposal.

The House on Thursday will also consider a bill that would extend by one year a law that allows the governor to select nominees from lists submitted by the Judicial Nominating Commission over the previous five years. The bill cleared the Senate and House Judiciary Committee earlier this month.

First passed in 2007, the legislation is backed by Governor Carcieri and opposed by the government watchdog group Common Cause Rhode Island. Before its enactment, the governor could choose only from a list of three to five finalists selected by the Judicial Nominating Commission.

Under the 2007 law, due to expire June 30, the governor can choose from lists of finalists generated by the commission for various court seats over the previous five years. The law does not pertain to chief judge positions or to the Supreme Court.

The bill would extend the law to June 30, 2010. It also would give the Senate 90 days to confirm a nomination by the governor, instead of 60 days. If the Senate does not meet that deadline, the governor would submit another name.

The Judicial Nominating Commission completed its work picking finalists for all seven judicial seats June 10. By law, the governor “shall” select a nominee within 21 days of receiving the list. The governor has said it considers that deadline advisory. One District Court judgeship has been vacant since March 2008.

kmulvane@projo.com

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