Bevilacqua

Fay

Weisberger

Within hours of Supreme Court Chief Justice Frank J. Williams’ unexpected retirement announcement last week, jockeying for the seat had already begun. And it’s no wonder.

The position is the pinnacle of a legal career in Rhode Island, with enormous power and perks, as well as the potential to influence some of the weightiest issues facing the state. This is only the seventh time in 50 years the job has become open.

The task of picking a nominee to fill the lifetime post will rest largely with Republican Governor Carcieri, but only with the consent of the Democratic-led General Assembly.

“I wish the governor well. It will be the most challenging, longstanding decision he’ll have to make,” Attorney General Patrick C. Lynch said Friday.

Those in the legal community say the ideal candidate should possess honesty, integrity and high ethical standards. But the chief justice must also be a skilled administrator, equipped to manage a $97-million judiciary budget and 700-plus employees.

“It’s not just about being a judge,” Lynch said. “There’s a combination of talent.”

Others stress judicial temperament, which some say can be lacking on the bench.

“A good judge listens well, especially to the parties but also to colleagues during deliberations,” said Carl T. Bogus, a professor of law at Roger Williams University School of Law. “A good judge’s self-confidence is balanced with humility.”

Reached Friday, Williams, who earned a hard-charging reputation, named boldness as a necessity. “It has to be a leader with great political courage, a sense of humor and someone grounded in jurisprudence, judicial temperament and intellect,” he said.

Names offered early as possibilities include U.S. Attorney Robert Clark Corrente, a Republican appointee; former state Supreme Court Justice Robert G. Flanders, a Republican; and Superior Court Judge Robert D. Krause, as well as the four sitting Supreme Court justices themselves.

Asked about his interest, Lynch said: “I’m interested in being the attorney general,” but he added, “If the governor calls me, I’ll talk to him.”

The selection process is likely to be fraught with political maneuvering, letter-writing campaigns and intense lobbying as contenders jockey for the coveted post. Corporations, unions, trial lawyers, prosecutors, the police, criminal defense lawyers, civil libertarians and other groups with an interest in how the court decides cases will assuredly weigh in.

“They all want justices who understand, or even better, are reliably sympathetic to, their points of view,” Bogus said.

“I’m sure it’ll be a very competitive position. This is the job for the state judiciary,” said Darrell West, a former Brown University political science professor who now works at the Brookings Institution in Washington, D.C.

But, he added, “[The contest] can’t get openly nasty. It will be stealth nastiness.”

The selection will unfold under a system revamped in 1994 after two politically connected chief justices resigned amid scandal.

Before that, Supreme Court justices were chosen by a vote of the Grand Committee — the full House and Senate, seated at once — in a process that encouraged backroom dealing and the appointment of influential legislators to judgeships.

“The legislature loved the power,” said former U.S. Sen. Lincoln D. Chafee. Everybody in the room thought maybe they would someday be appointed to the court, he said. “If you were a good soldier, you were rewarded.”

But the results were sometimes ugly. Joseph A. Bevilacqua, who rose from House speaker to chief justice, resigned in 1986, facing impeachment over allegations of ties with criminals.

Thomas F. Fay, who was chairman of the House Judiciary Committee, replaced Bevilacqua. He resigned seven years later facing impeachment over allegations he used his position to benefit himself, his business associates and political allies.

An independent, nonpartisan Judicial Nominating Commission was created after Fay’s departure to take politics out of judicial selection and ensure judgeships were based on merit.

The nine-member commission will advertise and consider candidates for Williams’ seat in the coming weeks, with the criteria that candidates be licensed to practice law in Rhode Island and belong to the state bar association. They also must exhibit intellect, temperament and impartiality, among other qualities.

Within 90 days of the vacancy, the Judicial Nominating Commission will submit the names of three to five nominees to the governor after a public hearing process. The governor’s choice will then go before the House and Senate.

Stephen J. Carlotti, chairman of the commission, said on Friday that he will not be swayed by lobbying and that he had not yet been approached about potential replacements. Carlotti is a partner in the law firm of Hinckley, Allen & Snyder.

“I am not particularly impressed by well-run lobbying campaigns contacting a bunch of lawyers who then contact me,” said Carlotti, who was appointed by Carcieri.

During chief justice selection eight years ago, the committee was deluged with 250-plus letters in support of Williams. Forty-five witnesses testified for the six applicants then vying for the post. Despite the changes, the process has its critics. Alan S. Flink, a former commission member, faults the commission as a body of politically connected appointees, some of whom have stayed long past their four-year term should have ended. Those factors, he said, can intimidate lawyers outside of politics from applying.

“People who are just good lawyers … who don’t have the right kind of political connections don’t apply,” said Flink, former president of the state bar association who sits on the board of the watchdog group Common Cause of Rhode Island.

In addition to Carlotti, the commission includes Solomon A. Solomon, Valentino Lombardi, D. Faye Sanders, William Rampone, Herbert J. Brennan, C. June Tow, Mirlen A. Martinez and Dennis M. Coleman.

And while the governor will name a nominee, the General Assembly maintains substantial clout as seen in 1997 when the House Democratic leadership scuttled then Governor Almond’s choice of former U.S. Attorney Margaret E. Curran for a high court seat.

“The legislature still flexes its muscles,” Chafee said. “Although the process has changed, in the end, the legislature still has enormous power.”

From Carlotti’s perspective, it’s time to get to work — politics aside.

“We have a job to do,” he said. “And we’re gonna do it.”

With reports from State House reporters Steve Peoples and Cynthia Needham THE LAST 50 YEARS

Since 1958, Rhode Island has had six chief justices of the state Supreme Court.

Frank J. Williams (2001-2008): Sworn in February 2001, after five years on Superior Court bench. Advocate for a strong judiciary, pushed for construction of new courthouses. Announced retirement Thursday at age 68.

Joseph R. Weisberger (1995-2001): Steps down in February 2001, having turned 80 the year before. Forty-five years on the bench, 22 on the high court. Interim chief justice during scandal that sacked his predecessor Thomas Fay. Sworn in as chief justice March 1995. Court years include cases dealing with DEPCO in the wake of credit-union crisis.

Thomas Fay (1986-1993): Sworn in July 1986, pledging to ensure integrity in the court. Resigns October 1993 on heels of an impeachment investigation into charges he used his position to benefit himself, business partners and political allies. Pleads guilty in April 1994 and receives five years suspended for two felony counts and three misdemeanor counts of unethical conduct.

Joseph Bevilacqua (1976-1986): Elected by secret ballot in January 1976. Lauded for administrative skills and streamlining court system. Steps down in June 1986, five months into an impeachment inquiry about links to known criminals, and after state police surveillance of liaisons with women at motel. Dies June 1989 at age 70.

Thomas Roberts (1966-1976): Elected chief justice January 1966. Served on high court for 20 years. Modernized and streamlined procedures for filing, hearing and disposition of cases. Died in office. Brother, Dennis, was governor from 1950 to 1958.

Francis Condon (1958-1965): Elected chief justice in January 1958. Served on the high court for just over 30 years. Stood with nation’s most liberal judges in safeguarding constitutional rights of accused criminals. Died Nov. 23, 1965, days after turning 74. OTHER CHIEF JUSTICES IN NEW ENGLAND

Chase T. Rogers, Connecticut Supreme Court

Leigh Ingalls Saufley, Maine Supreme Court

Margaret H. Marshall, Massachusetts Supreme Judicial Court

John T. Broderick Jr., New Hampshire Supreme Court

Paul L. Reiber, Vermont Supreme Court

kmulvane@projo.com