Rhode Island news
Governor nominates 3 for bench
01:00 AM EDT on Thursday, March 27, 2008
PROVIDENCE — Governor Carcieri nominated three state judges yesterday, moving to fill a Superior Court seat vacated more than a year ago and vacancies on the District and Family courts.
Even as news of the nominations spread, Superior Court Judge Vincent A. Ragosta announced he will retire May 30 after 30 years as a state judge.
Carcieri nominated Bennett R. Gallo, a state Parole Board member, to fill the Superior Court vacancy left by the retirement of Judge Stephen J. Fortunato Jr. While Fortunato’s last day was Feb. 1, 2007, and Carcieri received a list of finalists for the post on May 16, 2007, the governor’s news release described Fortunato’s retirement as “recent.”
Carcieri nominated Pamela Woodcock Pfeiffer, the state Supreme Court clerk, for the District Court vacancy created by the retirement of Judge John M. McLoughlin, who announced in October 2007 that he’d retire in November 2007.
And Carcieri nominated Debra E. DiSegna, a Family Court magistrate, for the Family Court vacancy created by the retirement of Judge Pamela M. Macktaz, who announced in March 2007 that she’d retire in August 2007.
“I’m very pleased to nominate Bennett Gallo, Pamela Pfeiffer and Debra DiSegna to serve as judges in Rhode Island’s court system,” Carcieri said. “I believe they all possess the experience, ability and temperament to serve the people of Rhode Island well for years to come.”
The nominations follow months of prodding by state judges and the Rhode Island Bar Association.
So what took so long? “As you know, the General Assembly was not in session from July through December,” Carcieri spokesman Jeff Neal said. “And the opening months of the legislative session were taken up with other issues such as the state budget. The governor also thinks it was important to take as much time as necessary to make sure he selects the right candidates.”
Was the delay meant to save money during the state budget crunch? “No,” Neal said.
Rhode Island General Laws call for governors to fill judicial vacancies within 21 days after receiving a list of finalists from the Judicial Nominating Commission. But Neal has said the governor’s office considers “the so-called deadline” merely advisory.
When asked yesterday if he considers the law advisory, Supreme Court Chief Justice Frank J. Williams said the issue has never come before the high court. “And I hope it doesn’t,” he said. “But even allowing the flexibility of ‘advisory,’ [former] Governor Almond always came close to it, although he may not have followed it exactly. And I’d hope any governor, not just this one, would appoint close to the time set out in the statute.”
In his annual address to the General Assembly yesterday, Williams said, “You know, I have been practicing this State of the Judiciary address for a week now, and I had been planning to once again urge Governor Carcieri to start putting some people on the bench because it was limiting access to our courts.”
But Carcieri announced the nominations hours before Williams’ speech. When asked if he thought the timing was more than coincidental, Williams said, “I’ve never been a conspiracist, whether it’s Kennedy or Lincoln.”
During the speech, Williams said, “These nominees were selected from a field of excellent candidates. I urge the Senate to act swiftly on these nominations, and while I thank the governor for these appointments, I encourage him to continue the process of filling the five remaining vacancies in a timely manner.”
If the Senate confirms the three nominees, the state will still have three District Court vacancies (including the March 31 retirement of Judge Walter Gorman), one Workers’ Compensation Court vacancy, and the Superior Court vacancy that Ragosta will leave.
So when will other appointments be made? Neal said, “I cannot share a timetable on other appointments at this stage.
Gallo, 63, of West Greenwich, has been on the Parole Board since 1997, and practices law at a Coventry law firm. He was an assistant attorney general from 1973 to 1975.
Woodcock Pfeiffer, 46, has worked as Supreme Court clerk since 2003. She was a special assistant attorney general from 1997 to 2003. She is married to Superior Court Judge Mark A. Pfeiffer.
DiSegna, 52, of Narragansett, has been a Family Court magistrate since 1989. She was a special assistant attorney general from 1983 to 1987.
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