Rhode Island
R.I. Governor McKee should veto the General Assembly’s end run around judicial merit selection – The Boston Globe
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.
Another famous face is joining the cast of “Rubber Hut” filming throughout Rhode Island.
As we previously reported, Grace Van Patten is starring in the feature film debut for director Hannah Gray Organschi about the infamous “condom hut” business from the early 90s.
The short-lived Fotomat kiosk turned drive-thru condom store garnered local notoriety as well as national attention in 1992 and is now the subject of a movie with several A-list stars attached.
READ MORE: Michael Imperioli, Emmy Rossum Join RI ‘Condom Hut’ Film
Scenes were filmed for several days at a custom-made “condom hut” on West Shore Road in Warwick. On Thursday, June 11, Beach Avenue was closed down to shoot a parade scene. Now, film crews have moved to Meshanticut Valley Parkway in Cranston for scenes along a residential street.
Who Was Behind the Original Condom Hut?
The home is believed to represent the residence of Emanuella DelVecchio, the former flight attendant who had the brilliant idea to open a condom kiosk in response to the AIDS epidemic.
Instead of support, however, DelVecchio received the condemnation of the Roman Catholic Diocese of Providence and was plagued with vandalism before shuttering her business within a year.
READ MORE: New Bedford’s Gone But Not Forgotten Closed-Down Bars
Who Has Joined the ‘Condom Hut’ Movie Cast So Far
Photos of parade scenes for the film show Michael Imperioli portraying a priest in the movie and now Deadline has reported that stage actor, Will Harrison, is attached to the project as DelVecchio’s husband. Other actors’ specific roles remain unknown.
Filming is expected to continue in Rhode Island until the end of June with a theatrical release likely in 2027.
See the Stars Who Own Homes in Rhode Island
There are plenty of celebrities who once called Rhode Island home, but how many still do? Here’s the list of stars who own homes across the Ocean State.
Gallery Credit: Nancy Hall
20 Stars Who Hail From Rhode Island
Rhode Island may be the smallest state in the nation, but it has been home to many celebrities. Though some have moved here, filmed here or attended school here, only a handful were actually born here. These are those celebrities.
Gallery Credit: Nancy Hall
All The Famous Faces That Have Been to Taylor Swift’s Rhode Island Home
Here are all the celebrities we know have made an appearance at Holiday House over the years.
Gallery Credit: Nancy Hall
Two Rhode Island residents were charged after the Justice Department announced a $6.5 billion healthcare fraud crackdown.
The department said 455 defendants were charged, including 90 doctors and other licensed medical professionals, for their alleged participation in health care fraud and opioid abuse schemes.
Mareli Arias Batista, 57, of Providence, was charged with false representation of a social security number, aggravated identity theft, wire fraud, false statement in application for a passport, use of a false passport and bank fraud in connection with a scheme to obtain benefits using the identity of another person.
Officials said Batista fraudulently obtained approximately $28,236.42 in Rhode Island Medicaid benefits.
Balni Pimental Lara, 59, of Providence, was also charged with false representation of a social security number, aggravated identity theft, wire fraud, and health care fraud, in connection with a scheme to obtain benefits using the identity of another person.
According to officials, Lara fraudulently obtained approximately $24,018.86 in Rhode Island Medicaid benefits.
Bhamin Chhatrapati, 40, of Stoughton, Mass., was charged with conspiracy to commit health care fraud in connection with over $5.1 million fraudulently billed to Medicare, of which over $2.6 million was paid.
Approximately 1,079 medical providers were suspended and billing privileges were revoked for 1,403 providers.
PROVIDENCE, R.I. (WJAR) — Former Rhode Island House Speaker Joseph Shekarchi loses an attempt to stop an ethics complaint against his bid for a seat on the state Supreme Court.
The state Ethics Commission voted Tuesday to deny Shekarchi’s motion to dismiss the complaint filed in May.
The Ethics Commission voted June 2 to further investigate the complaint.
The question is whether Shekarchi’s attempt for a lifetime spot on the bench violates Rhode Island’s anti-corruption revolving door law.
The law prevents sitting lawmakers from taking most other state jobs for at least a year after leaving office.
Shekarchi resigned as House Speaker on May 8 to seek nomination to the Supreme Court.
He kept his House seat.
That same day, Roger Williams University law professor Michael Yelnosky filed an ethics complaint.
Shekarchi argues a Supreme Court seat is an exemption from the revolving door law, like other constitutional offices including governor.
JOIN THE CONVERSATION (4)
The Ethics Commission’s prosecutor argues the high court seat is not exempt.
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