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5 finalists chosen for Superior Court bench

01:00 AM EDT on Wednesday, July 2, 2008

By Edward Fitzpatrick

Journal Staff Writer

PROVIDENCE — The Judicial Nominating Commission last night chose five finalists for the Superior Court vacancy created by the retirement of Judge Vincent A. Ragosta.

Those finalists are: Fausto C. Anguilla, Stephen M. Isherwood, Henry S. Monti, George M. Muksian and James V. Murray.

Three other candidates withdrew their names from consideration for last night’s vote because they are on a previous list of finalists and remain eligible for that Superior Court vacancy. Those finalists are: Sandra A. Lanni, Kristen E. Rodgers and Carol A. Zangari.

Two other candidates — Michael P. Fontaine and Brian Van Couyghen — are no longer in contention.

When there is a vacancy on a state court, Governor Carcieri can now select from a fresh list of finalists or from lists generated up to five years ago for previous vacancies on that court. That change in the law, which Carcieri pushed for, had been scheduled to end on June 30, but in the final hours of the legislative session, the Assembly extended the “sunset provision” until June 30, 2009.

So last night’s meeting began with Lanni, Rodgers and Zangari saying they would allow the commission to choose five other finalists, thereby giving the governor a wider pool of candidates from which to select a nominee.

The commission then heard testimony in favor of seven other candidates and chose these five finalists:

•Anguilla, 48, of Bristol, was a Democratic state representative from 2000 to 2006. He has a law practice in Providence. He is the solicitor for the Town of Warren and an assistant solicitor for the Town of Barrington. And he was a special assistant attorney general from 1988 to 1989.

Lawyer Anthony DeSisto spoke on Anguilla’s behalf, noting Anguilla came to the United States from Italy when he was 5 years old. He said Anguilla “followed the well-worn path” that many immigrant families have followed, focusing on “hard work and education.” Anguilla graduated from Georgetown University and its law school. But before going to law school, Anguilla spent time in Nicaragua with the Jesuit Volunteer Corps, building schools and coaching baseball. “He has a great amount of empathy for people,” DeSisto said, adding, “His Spanish is better than his Italian.”

•Isherwood, 48, of Warwick, has been a Probate Court judge in Warwick since 2005. He has worked at a Cranston law firm since 1994. He graduated from Elmira College and the New England School of Law.

Susan A. Fabrizio told the JNC she is president of a staffing firm, and Isherwood is a “good match” for the vacant judgeship. She described him as a “seasoned attorney” who has an “exceptional knowledge of the law” and is an “exceptional listener.”

•Monti, 51, of East Greenwich, is litigation chief at a Providence law firm, which handles personal injury, auto accident and slip-and-fall cases. He was an assistant public defender from 1982 to 1984 and a special assistant attorney general from 1985 to 1986. He graduated from Providence College and St. John’s University School of Law.

Lawyer Mark S. Mandell told the commission Monti has tried 59 major trials, calling that “an astonishing number” that prepares Monti to be a trial judge. Mandell talked about the need for various types of diversity on the court, saying, “One is the type of clientele you service, and he has represented people from 40 different countries.” Also, he said, “There are very few plaintiffs’ lawyers on the court.”

•Muksian, 57, of Lincoln, has been an assistant public defender since 2003 and from 1980 to 1987. He was chief of legal services for the state Department of Labor from 1995-2003. He was solicitor for the City of Central Falls from 1990 to 1995. He graduated from Providence College, the Harvard University Graduate School of Education and the Suffolk University School of Law.

District Court Chief Judge Albert E. DeRobbio testified on Muksian’s behalf, saying Muksian has dealt with some of the “most hardcore and difficult individuals” who appear in court, and he has done so “with proficiency and respect for them as human beings.” Also, in dealing with defendants with mental-health problems, Muksian has “fashioned remedies” that show compassion and address those individual’s needs while balancing the need for public safety, he said.

•Murray, 55, of Warwick, has been managing attorney for the Amica Mutual Insurance Company in Providence since 1993 and a member of the state Ethics Commission since 1998. He was managing attorney at Cigna Corporation in Providence from 1988 to 1993. He graduated from Harvard University and the Suffolk University School of Law.

District Court Judge Madeline Quirk told the commission that Murray “comes with outstanding credentials as a trial attorney.” She said that when she was a lawyer, she opposed him in one case, and while some lawyers come away from trials hoping to never see the opposing lawyer again, she came away with admiration for Murray. “Jim always took the high road in the pursuit of truth and justice,” Quirk said. “The one facet I admire most is his service to the state as a member of the Ethics Commission,” which “couldn’t be more challenging and more thankless.”

Carcieri’s nominee will face Senate confirmation.

efitzpat@projo.com

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