State Government
Family Court appointee is legal counsel to majority leader
01:00 AM EDT on Saturday, July 26, 2008
PROVIDENCE — An assistant legal counsel to the Senate majority leader has been chosen for a $128,650-a-year job as a Family Court magistrate.
Family Court Chief Judge Jeremiah S. Jeremiah Jr. last week selected Colleen M. Hastings and Armando O. Monaco II for a pair of Family Court magistrate jobs, which carry 10-year terms. The appointments are now subject to Senate confirmation.
Hastings has been assistant legal counsel to Senate Majority Leader M. Teresa Paiva Weed, D-Newport, since 2006, and she has been president and owner of a Newport law firm called the Family Law Center of Rhode Island since 1993.
Other recent court appointees have had ties to the General Assembly leadership.
For example, Supreme Court Chief Justice Frank J. Williams last month chose R. David Cruise, chief of staff to Senate President Joseph A. Montalbano, D-North Providence, to be a Traffic Tribunal magistrate. Last year, Williams chose William R. Guglietta, chief legal counsel to House Majority Leader Gordon D. Fox, D-Providence, to be the Traffic Tribunal’s chief magistrate. And Governor Carcieri last year chose Montalbano’s chief legal counsel, William E. Carnes Jr., to be a Superior Court judge.
Christine Lopes, executive director of Common Cause of Rhode Island, said the latest magistrate appointments provide additional examples of why the government watchdog group believes that magistrates should go through the same merit-selection process that applies to state judges. That process, which was approved by voters in a 1994 state constitutional amendment, involves public hearings and screening by the Judicial Nominating Commission.
“In Family Court, they have expanded the duties of magistrates to reflect those of judges,” Lopes said. “They are a clear example of magistrates performing the functions of judges, and they should be appointed by the public process.”
Lopes said candidates such as Hastings might be the most highly qualified applicants for a job. But, she said, “Their connection to political leadership and the way they were appointed continues to raise flags. I don’t know these people. They might be great legal minds, and they might do great things in the courts. But when they are appointed this way, it clouds the issue.”
Lopes criticized the manner in which the latest appointments were made, saying, “Before you know it, you have two new magistrates. They may have done legally what they had to do. But it was under the radar.”
In response to Common Cause’s criticism, Family Court chief of staff Ronald J. Pagliarini said, “Until the General Assembly changes the way magistrates are chosen, we follow the process we have now. And certainly a connection to a political leader in the state doesn’t disqualify somebody. It shouldn’t be that way.”
Pagliarini said 17 people applied for the two magistrate vacancies, which were created when Family Court Magistrate Debra E. DiSegna became a Family Court judge and Family Court Magistrate Mary E. McCaffrey — sister of Senate Judiciary Chairman Michael J. McCaffrey, D-Warwick — became a District Court judge.
Pagliarini said a five-person committee interviewed nine of the applicants on July 16, recommending a candidate for each vacancy, and Jeremiah appointed Hastings and Monaco the following day.
The committee consisted of Pagliarini, Family Court Judge Kathleen A. Voccola, Family Court Magistrate Angela M. Paulhus, Family Court Magistrate Patricia K. Asquith and Kevin P. Richard, Family Court’s director of juvenile services and specialty courts.
While the Judicial Nominating Commission publicly identifies all the people it interviews for judgeships, Pagliarini said, “We don’t traditionally release names” of those who are interviewed but not appointed. He said identifying those who didn’t make the cut could hurt their law practices.
Pagliarini said notice of the vacancies was placed in Rhode Island Lawyers Weekly and on the state judiciary Web site, but no notice was provided of the interview committee meeting.
Jeremiah wrote to Montalbano on July 17, asking the Senate to confirm the appointment of Hastings to replace McCaffrey as a magistrate on the “truancy calendar;” the appointment of Magistrate George N. DiMuro to replace DiSegna as the administrative magistrate in “child support/reciprocal court;” and the appointment of Monaco to replace DiMuro as a magistrate in “child support/reciprocal court.”
Hastings, 45, of Newport, has been Newport’s assistant city solicitor since 1998, and she has served as president of the Newport County Bar Association. She has received the Rhode Island Bar Association’s Pro Bono Publico Award and its Continuing Service Award.
Hastings graduated from the University of Rhode Island in 1985 with a degree in communications and Spanish, and she received a law degree from Suffolk University law school in 1991.
Monaco, 64, of East Greenwich, had a private law practice from 1973 to 2007, concentrating in areas such as real estate, small corporations and domestic relations. He has been a Family Court mediator since November 2007.
Monaco was legal counsel to the Rhode Island Water Resources Board from 1985 to 1995 and an assistant city solicitor for Cranston from 1980 to 1985. He was a staff judge advocate in the Rhode Island Air National Guard from 1988 to 1998, and he was an assistant staff judge advocate from 1978 to 1988.
Monaco graduated from the College of the Holy Cross with a degree in economics in 1965, and he received a law degree from Georgetown University law school in 1968.
Jeremiah also asked the Senate to confirm Pagliarini’s appointment to a five-year term as Family Court administrator.
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