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Not so long ago, the Rhode Island judiciary was an object of scorn. In 1993, Thomas Fay became the second consecutive chief justice of the Rhode Island Supreme Court to resign after reports surfaced that he was abusing his judicial office. Confidence in the integrity of the state’s judicial system was flagging. Joseph R. Weisberger, who became chief justice after Fay’s ignominious departure, understood what was at stake. He took the job in part, he explained, because he felt that “someone had to make a visible sacrifice and demonstrate that the court was more important than his own personal plans.”
What a difference 30 years have made. Chief Justice Weisberger and successive chief justices, their colleagues on the state’s highest court, and the judges on all of Rhode Island’s courts, restored the integrity of the judicial branch. With few exceptions, since 1994, Rhode Island’s judges have served the state honorably. Many believe, as I do, that the merit selection system adopted in 1994 has contributed in some measure to this remarkable recovery.
The rehabilitation of the judiciary is a success story, and it should make Rhode Islanders proud. (Perhaps particularly as we witness the decline of the United States Supreme Court, which is suffering from the fallout of jaw-dropping ethical lapses of some of the justices).
However, some in the General Assembly are still angry that after the Fay debacle, Rhode Island voters decisively chose to reduce the role of the Assembly in judicial selection by putting the governor and a Judicial Nominating Commission at the heart of a merit-based process. The commission screens all candidates for judicial vacancies and sends a short list to the governor. The governor nominates one of those approved candidates, and the Senate — or the Senate and House in the case of Supreme Court appointments — has the power to confirm or reject the nominee.
The General Assembly hit on a clever strategy to circumvent the selection process. It created a new breed of judicial officers, called magistrates, who are not subject to the merit selection process. Bill after bill was passed increasing their ranks. There were no magistrates in 1994, and today, according to the Secretary of State’s website, there are 22. Most are selected by the presiding justice of the court to which they are assigned, and subject to Senate confirmation. They serve 10-year renewable terms, and they are well-compensated. (Annual salaries range from $176,000 to $211,000).
Some have gone on to become judges. After all, is there better evidence an applicant for a judicial vacancy will be successful as a judge than a record of success as a magistrate? However, the bill on Governor McKee’s desk goes further by blurring the line between the powers of family court magistrates and family court judges, even though the latter are selected in a much more transparent, public, systematic, and open process.
I have great respect for Rhode Island’s magistrate judges, many of whom I know personally. My concern lies not with them but with the threat to public confidence posed by the two-track system for judicial selection the General Assembly has created. It seems that too many people in power have forgotten the lessons of 1993 and take for granted the public’s respect for the judiciary. They seem unaware that the judiciary commands respect today because of decades of hard work by countless individuals in and out of government. The public’s respect is not guaranteed. A two-track system for judicial appointments and a blurring of the lines between magistrates and judges signal that some judicial officers are the product of a patronage system.
The best fix would be to make magistrates subject to the merit selection system adopted by the voters in 1994. But for now, Governor McKee should veto this bill. If the camel gets further under the tent, it will be even harder to get it back outside.
Michael Yelnosky is a professor and previously served as dean at RWU Law. He has been writing and speaking for decades about judicial selection.
Local News
A Rhode Island husband and wife in their 50s were identified as the two people killed in a Swansea car crash Friday night.
Carlolyn Carcasi, 54, and James Carcasi, 53, of Bristol, Rhode Island, were killed in the Feb. 27 crash, the office of Bristol County District Attorney Thomas Quinn said in a press release Monday.
The crash occurred at the intersection of Route 136 and Route 6 in Swansea, Quinn’s office said.
Police in Cranston, Rhode Island identified the driver who allegedly hit the couple as Demitri Sousa, 28. Sousa allegedly shot and killed a man in Rhode Island nearly four hours before the crash, Cranston police said.
At around 12:18 a.m. Friday, Swansea police spotted Sousa’s Infiniti barreling down Route 6, Swansea officials said previously.
The couple was driving southbound on Route 136 when the Sousa crashed into the side of a Subaru Ascent. Both cars had “catastrophic damage,” and the Subaru was engulfed in flames, Swansea fire and police officials said.
Both occupants of the Subaru were declared dead at the scene, Swansea officials said.
Sousa was transported to a local hospital, where he is being treated for serious injuries. He is expected to live and will be held in Cranston police custody until he is medically cleared, police said Sunday.
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CRANSTON, R.I. (WJAR) — Women’s Fund of Rhode Island and U.S. Sen. Jack Reed celebrated Women’s History Month in Cranston with a panel discussion on Monday.
The event was held at the Cranston Public Library at 9 a.m.
Reed and other leaders of WFRI hosted a panel discussion with women leaders in environmental and agricultural advocacy, education, community resilience, housing, finance, workforce development, and more, officials said.
Women’s Fund of Rhode Island and U.S. Sen. Jack Reed celebrated Women’s History Month in Cranston with a panel discussion on Monday. (WJAR)
“Women have played a critical role in this process, most often without any recognition,” Reed said. “Today’s panel brings together an extraordinary group of women who are addressing the challenged of sustainability from various angles and I want to thank you all for your great efforts.”
The panelists highlighted their experiences, shared insights and tips on lifting up women’s voices, provided strategies for sparking change and more.
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According to officials, some of the panelists included Executive Director of the Rhode Island Food Policy Council Nessa Richman, Executive Director of Strategic Initiatives at Rhode Island College Kim Bright, Newport Housing Authority Executive Director Rhonda Mitchell and more.
Local News
A Seekonk man is accused of murder after he allegedly shot and killed a man in Rhode Island before causing a car crash in Swansea that killed two people last week, police said.
Demitri Sousa, 28, is charged with murder, using a firearm while committing a crime of violence, and carrying a pistol without a license, the Cranston Police Department said.
The shooting occurred Thursday night in Cranston, police said in a press release.
That night, Sousa allegedly arrived at the Cranston home of Javon Lawson, 35. Sousa began banging on the side door of the home, police said.
When Lawson approached the door, he was hit by gunfire from outside, police said.
First responders transported Lawson to the Rhode Island Hospital, where he was pronounced dead, Cranston police said.
“Based on the preliminary investigation, the motive is believed to be a dispute between the suspect and the victim over a mutual female acquaintance. Detectives are continuing this investigation to gain more insight, as well as to collect and analyze evidence,” Colonel Michael Winquist, Chief of Cranston police, said in an emailed statement to Boston.com.
Neighbors gave police video footage that “showed a male subject wearing dark clothing and a mask walking toward the residence moments before the shooting and fleeing immediately afterward,” Winquist said.
The suspect was also seen running to a white Infiniti sedan which then drove off, the Cranston police chief said.
Shortly after the shooting, a license plate reader captured the vehicle driving southbound on Route 10, and then later in Fall River and Westport, Massachusetts. The sedan’s license plate was registered in Sousa’s name, Winquist said.
At around 12:18 a.m. Friday, Swansea police spotted Sousa’s Infiniti barreling down Route 6, Swansea officials said.
Just moments later, Sousa allegedly “crashed into the side of another vehicle, a blue 2022 Subaru Ascent that had been traveling southbound on Route 136,” Swansea Police Chief Mark Foley and Fire Chief Eric Hajder said in a joint press release.
Both vehicles had “catastrophic damage,” and the struck car was engulfed in flames, the Swansea officials said.
The driver and passenger of the hit car — a man and a woman — were declared dead at the scene, they said.
“Swansea Police had been alerted to be on the lookout for the suspect vehicle. However, Swansea Police were not involved in the pursuit and were not pursuing the vehicle at the time of the crash,” the Swansea chiefs wrote. Swansea official have not announced charges related to the fatal crash.
Sousa had been driving the Infiniti and appeared to be suffering from serious injuries, Winquist said. Inside the car, police found a pistol and “additional .22 caliber ammunition was recovered” from Sousa at Rhode Island Hospital, Winquist said.
Police arrested Sousa and transported him to Rhode Island Hospital. Sousa is expected to survive, Winquist said. Sousa will be held in Cranston police custody until he is conscious and medically cleared, Winquist said.
“On behalf of the Cranston Police Department, I want to extend my deepest condolences to the family and loved ones of Javon Lawson and the two individuals who were killed in the crash in Swansea,” Winquist said.
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