It is enacted by the General Assembly as follows:

SECTION 1. Title 8 of the General Laws entitled "Courts and Civil Procedure -- Courts" is hereby amended by adding thereto the following chapter:

{ADD 8-16.1-1. Definitions. -- ADD} {ADD As used in this chapter, unless the context clearly indicates otherwise, the following words and phrases shall have the following meanings:

(a) "Attorney" means a resident of the state of Rhode Island who is licensed to practice law in the state of Rhode Island and who is a current member in good standing of the Rhode Island bar association; and

(b) "Member of the general public" means a person who is a resident of the state of Rhode Island and who is not a licensed member of any bar association. ADD}

{ADD 8-16.1-2. Judicial nominating commission. -- ADD} {ADD (a) There is hereby established an independent nonpartisan judicial nominating commission which shall consist of nine (9) members, all of whom shall be residents of the state of Rhode Island, and who shall be appointed as follows:

(1) Within seven (7) days after the effective date of this act:

(i) The speaker of the house of representatives shall submit to the governor a list of at least three (3) attorneys;

(ii) The majority leader of the senate shall submit to the governor a list of at least three (3) persons who may be attorneys and/or members of the public;

(iii) The speaker of the house of representatives and the majority leader of the senate shall jointly submit to the governor a list of four (4) members of the public;

(iv) The minority leader of the house of representatives shall submit to the governor a list of at least three (3) members of the public; and

(v) The minority leader of the senate shall submit to the governor a list of at least three (3) members of the public.

(2) Within fourteen (14) days after the effective date of this act, the governor shall appoint to the commission:

(i) One person from each of the lists submitted in accordance with subsection (a) of this section;

(ii) Three (3) attorneys, without regard to any of the aforesaid lists; and

(iii) One member of the public, without regard to any of the aforesaid lists.

(3) The governor and the nominating authorities hereunder shall exercise reasonable efforts to encourage racial, ethnic and gender diversity within the commission.

(b) Members of the commission shall serve for terms of four (4) years, except that, of the members first appointed:

(1) The individual appointed from the list submitted by the minority leader of the house of representatives and one (1) of the attorneys appointed by the governor without regard to any of the aforementioned lists shall serve for one (1) year;

(2) The individual appointed from the list submitted by the minority leader of the senate and one (1) of the attorneys appointed by the governor without regard to any of the aforementioned lists shall serve for two (2) years;

(3) The individual appointed from the list submitted jointly by the speaker of the house of representatives and by the majority leader of the senate and the member of the public appointed by the governor without regard to any of the aforementioned lists shall serve for three (3) years; and

(4) The individuals appointed from the lists submitted by the majority leader of the senate and by the speaker of the house of representatives and one (1) of the attorneys appointed by the governor without regard to any of the aforementioned lists shall serve for four (4) years.

(c) No member shall be reappointed to the commission; provided, however, that each member shall continue to serve until his or her successor is appointed and qualified. No commission member shall be a legislator, judge, or elected official, or be a candidate for any public office, or hold any compensated federal, state or municipal public office or elected office in a political party during his or her tenure or for a period of one (1) year prior to appointment. No member of the commission may hold any other public office (except that of notary public) under the laws of the United States, of this state or of any other governmental entity, for which monetary compensation is received. No members shall be eligible for appointment to a state judicial office during the period of time he or she is a commission member and for a period of one (1) year thereafter. No two (2) or more members of the commission shall be members or employees of the same law firm, or employees of the same profit or non-profit corporation. Vacancies other than those arising through the expiration of a term shall be filled for the unexpired portion of the term in the same manner as vacancies due to the expiration of a term.

(d) A quorum consisting of five (5) members shall be necessary in order for the commission to conduct any business. All names submitted to the governor by the commission shall be approved by at least five (5) members of the commission voting in favor of each selection.

(e) The commission shall have the power to adopt rules and procedures which aid in its selection of the most highly qualified nominees for judicial office. The governor shall designate a member of the commission to serve as chairperson, who shall serve in that capacity for the duration of his or her tenure. All meetings of the commission shall be subject to the open meetings law as defined in chapter 46 of title 42.

(f) Investigation authorized. The commission is hereby authorized and empowered to investigate the personal background of each nominee as it relates to a determination of judicial fitness through the Rhode Island state police and the attorney general's office, and to require full financial disclosure under the provisions of chapter 14 of title 36.

(g) The commission shall direct the performance of such administrative duties as may be required for the effective discharge of the obligations granted to the commission, and is hereby empowered to engage the services of legal, secretarial, clerical and investigative employees and to make such other expenditures as are necessary for the effective performance of its functions. Expenses for office space, staffing and necessary monetary outlays shall be provided by the department of administration as a separate line item in the state budget under the term "judicial nominating commission."

(h) Each person appointed to the commission shall, prior to exercising any authority or assuming any duties as a member of the commission, take an engagement of office in accordance with section 36-1-2 of the general laws. The governor may remove a commission member from office for neglect of duty, malfeasance in office or conviction of a criminal offense. After a commission member is notified of any allegations against her or him in writing, the commission member shall be entitled to one (1) public hearing prior to removal by the governor. ADD}

{ADD 8-16.1-3. Reimbursement. -- ADD} {ADD Members of the commission shall not be compensated but shall be reimbursed for all reasonable and necessary expenses incurred in the carrying out of their official duties by the department of administration. ADD}

{ADD 8-16.1-4. Criteria for selection of best qualified nominees. -- ADD} {ADD (a) The commission shall consider, but is not limited to the following factors in selecting the best qualified nominees: intellect, ability, temperament, impartiality, diligence, experience, maturity, education, publications, and record of public, community, and government service. Every person shall, at the time of consideration by the commission, be an attorney and licensed to practice law in the state of Rhode Island and be a current member of the Rhode Island bar association in good standing.

(b) The commission shall exercise reasonable efforts to encourage racial, ethnic and gender diversity within the judiciary of this state. The commission shall also consider the candidate's sensitivity to historically disadvantaged classes, and may disqualify any candidate with a demonstrated history of bias towards any of these classes. ADD}

{ADD 8-16.1-5. Nomination and appointment of supreme court justices. -- ADD} {ADD (a) The governor shall immediately notify the commission of any vacancy or prospective vacancy of a justice of the Rhode Island supreme court. The commission shall advertise for each vacancy and solicit prospective candidates and shall consider names submitted from any source. Within sixty (60) days of any vacancy the commission shall publicly submit the names of not less than three (3) and not more than five (5) highly qualified persons for each vacancy to the governor. The governor shall fill any vacancy of any justice of the Rhode Island supreme court, by nominating one (1) of the three (3) to five (5) highly qualified persons forwarded to him or her by the commission for the court.

(b) The governor shall fill any such vacancy within ten (10) days of such public submission by the commission.

(c) Each nomination shall be forwarded forthwith to the senate and to the house of representatives, and by and with the advice and consent of the senate, and by and with the separate advice and consent of the house of representatives, each nominee shall be appointed by the governor to serve subject to the general laws. The senate and the house of representatives shall, after seven (7) calendar days of receipt of said nomination, separately consider the nomination, but if either house fails within thirty (30) days after said submission to confirm said nominee, the governor shall appoint some other person to fill said vacancy and shall submit his or her appointment to the senate and to the house of representatives for confirmation in like manner until the senate and the house of representatives shall each separately confirm the nomination. If the nominee is rejected by either house, the commission shall submit a new list of three (3) to five (5) candidates to the governor for the purpose of nomination in accordance with this chapter. Any new list may include but need not be limited to the names of any candidates who were previously submitted to the governor by the commission but who were not forwarded to the senate and to the house of representatives for their advice and consent.

(d) During the time for consideration of the nominees by the senate and by the house of representatives, the judiciary committee of each house shall separately conduct an investigation and public hearing on the question of the qualifications of the nominee or nominees. At such public hearings, the testimony of every witness shall be taken under oath and stenographic records shall be taken and maintained. Further, said judiciary committees shall during the course of their investigations and hearings have the power upon majority vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and orders for the production of books, accounts, papers, records and documents which shall be signed and issued by the chairperson of the committee, or such person serving in his or her capacity. All such subpoenas and orders shall be served as subpoenas in civil cases in the superior court are served, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as provided for witnesses in civil cases in the superior court. If the person subpoenaed to attend before the committee fails to obey the command of such subpoena without reasonable cause, refuse to be sworn, or to be examined, or to answer a legal and pertinent question, or if any person shall refuse to produce books, accounts, papers, records and documents material to the issue, set forth in an order duly served on him, the committee by majority vote of the committee members present may apply to any justice of the superior court, for any county, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than five (5) days, directing such person to show cause before the justice who made the order or any other justice aforesaid, why he should not be adjudged in contempt. Upon the return of such order, the justice before whom the matter is brought on for hearing shall examine under oath such person, and such person shall be given an opportunity to be heard, and if the justice shall determine that such person has refused without reasonable cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce books, accounts, papers, records and documents, material to the issue which he was ordered to bring or produce, he or she may forthwith commit the offender to the adult correctional institution, there to remain until the person submits to do the act which he or she was so required to do, or is discharged according to law.

(e) Said judiciary committees shall, for the purpose of investigating the qualifications of such nominee or nominees, be furnished with a report compiled by the state police in conjunction with the attorney general's office indicating the determinations and findings of the state police and attorney general's office investigations concerning the background of said nominee or nominees and said report shall include, but not be limited to, the following:

(1) Whether the nominee has ever been convicted of or pleaded guilty to a misdemeanor or felony in this or any other state or foreign country;

(2) Whether the nominee has ever filed a personal bankruptcy petition or an assignment for the benefit of creditors in this or any other state or foreign country; and whether the nominee has ever been a partner in, held ten percent (10%) or more of stock in, or held office in any sole proprietorship, partnership or corporation that has been involved in bankruptcy or receivership actions as a debtor or because of insolvency at the time said nominee was a partner in, held ten percent (10%) or more stock in, or held office in any such sole proprietorship, partnership or corporation;

(3) Whether the nominee has ever had a civil judgment rendered against him or her arising out of an allegation of fraud, misrepresentation, libel, slander, professional negligence or any intentional tort, in this state or any other state or foreign country;

(4) The state police in conjunction with the attorney general's department shall provide in their report the names and addresses of each and every source of their information.

(f) The reports set forth in this section shall be delivered to the chairpersons and members of the said judiciary committees in addition to the nominee or nominees only prior to the commencement of the public hearings. Provided, however, that if the nominee or nominees withdraw or decline said appointment prior to the public hearings then said report or reports shall be returned to the chairpersons of the said judiciary committees and destroyed.

(g) Said committees shall also require a financial statement to be submitted by each nominee, prior to the public hearing, to the chairperson of the said committee, to investigate each nominee to determine his or her compliance with the provisions of chapter 14 of title 36 of the general laws.

(h) Any associate justice of the supreme court, who is appointed to serve as the chief justice of that court on an interim basis, shall retain his or her status as an associate justice until the appointment to chief justice is made permanent.

(i) In case a vacancy shall occur when the general assembly is not in session, the governor shall appoint some person from a list of three (3) to five (5) persons submitted to the governor by the commission to fill said vacancy until the general assembly shall next convene, when the governor shall make an appointment as hereinbefore provided. ADD}

{ADD 8-16.1-6. Nomination and appointment of judges. -- ADD} {ADD (a) The governor shall immediately notify the commission of any vacancy or prospective vacancy of a judge of any state court other than the Rhode Island supreme court. The commission shall advertise for each vacancy and solicit prospective candidates and shall consider names submitted from any source. Within forty-five (45) days of any vacancy the commission shall publicly submit the names of not less than three (3) and not more than five (5) highly qualified persons for each vacancy to the governor. The governor shall fill any vacancy of any judge of the Rhode Island superior court, family court, district court, workers' compensation court, administrative adjudication court, or any other state court which the general assembly may from time to time establish, by nominating one (1) of the three (3) to five (5) highly qualified persons forwarded to him or her by the commission for the court where the vacancy occurs.

(b) The governor shall fill any such vacancy within seven (7) days of such public submission by the commission.

(c) Each nomination shall be forwarded forthwith to the senate, and by and with the advice and consent of the senate, each nominee shall be appointed by the governor to serve subject to the general laws. The senate shall, after seven (7) calendar days of receipt of said nomination consider the nomination, but if the senate fails within twenty-one (21) days after said submission to confirm said nominee or if the senate does not by a majority vote of its members extend said deliberation an additional seven (7) calendar days, the governor shall appoint some other person to fill said vacancy and shall submit his or her appointment to the senate for confirmation in like manner until the senate shall confirm the nomination. If the nominee is rejected by the senate, the commission shall submit a new list of three (3) to five (5) candidates to the governor for the purpose of nomination in accordance with this chapter. Any new list may include but need not be limited to the names of any candidates who were previously submitted to the governor by the commission but who were not forwarded to the senate for its advice and consent.

(d) During the time for consideration of the nominees by the senate, the senate judiciary committee shall conduct an investigation and public hearing on the question of the qualifications of the nominee or nominees. At such public hearing, the testimony of every witness shall be taken under oath and stenographic records shall be taken and maintained. Further, said senate judiciary committee shall during the course of its investigation and hearing have the power upon majority vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and orders for the production of books, accounts, papers, records and documents which shall be signed and issued by the chairperson of the committee, or such person serving in his or her capacity. All such subpoenas and orders shall be served as subpoenas in civil cases in the superior court are served, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as provided for witnesses in civil cases in the superior court. If the person subpoenaed to attend before the committee fails to obey the command of such subpoena without reasonable cause, refuse to be sworn, or to be examined, or to answer a legal and pertinent question, or if any person shall refuse to produce books, accounts, papers, records and documents material to the issue, set forth in an order duly served on him, the committee by majority vote of the committee members present may apply to any justice of the superior court, for any county, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than five (5) days, directing such person to show cause before the justice who made the order or any other justice aforesaid, why he should not be adjudged in contempt. Upon the return of such order, the justice before whom the matter is brought on for hearing shall examine under oath such person, and such person shall be given an opportunity to be heard, and if the justice shall determine that such person has refused without reasonable cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce books, accounts, papers, records and documents, material to the issue which he was ordered to bring or produce, he or she may forthwith commit the offender to the adult correctional institution, there to remain until the person submits to do the act which he or she was so required to do, or is discharged according to law.

(e) Said committee shall, for the purpose of investigating the qualifications of such nominee or nominees, be furnished with a report compiled by the state police in conjunction with the attorney general's office indicating the determinations and findings of the state police and attorney general's office investigations concerning the background of said nominee or nominees and said report shall include, but not be limited to, the following:

(1) Whether the nominee has ever been convicted of or pleaded guilty to a misdemeanor or felony in this or any other state or foreign country;

(2) Whether the nominee has ever filed a personal bankruptcy petition or an assignment for the benefit of creditors in this or any other state or foreign country; and whether the nominee has ever been a partner in, held ten percent (10%) or more of stock in, or held office in any sole proprietorship, partnership or corporation that has been involved in bankruptcy or receivership actions as a debtor or because of insolvency at the time said nominee was a partner in, held ten percent (10%) or more stock in, or held office in any such sole proprietorship, partnership or corporation;

(3) Whether the nominee has ever had a civil judgment rendered against him or her arising out of an allegation of fraud, misrepresentation, libel, slander, professional negligence or any intentional tort, in this state or any other state or foreign country;

(4) The state police in conjunction with the attorney general's department shall provide in their report the names and addresses of each and every source of their information.

(f) The reports set forth in this section shall be delivered to the chairman and members of the senate judiciary committee in addition to the nominee or nominees only prior to the commencement of the public hearing. Provided, however, that if the nominee or nominees withdraw or decline said appointment prior to the public hearing then said report or reports shall be returned to the chairman of the judiciary committee and destroyed.

(g) Said committee shall also require a financial statement to be submitted by each nominee, prior to the public hearing, to the chairman of the senate judiciary committee, to investigate each nominee to determine his or her compliance with the provisions of chapter 14 of title 36 of the general laws.

(h) Any associate justice of any state court, who is appointed to serve as the chief or presiding justice of that court on an interim basis, shall retain his or her status as an associate justice until the appointment to chief or presiding justice is made permanent.

(i) In case a vacancy shall occur when the senate is not in session, the governor shall appoint some person from a list of three (3) to five (5) persons submitted to the governor by the commission to fill said vacancy until the senate shall next convene, when the governor shall make an appointment as hereinbefore provided. ADD}

{ADD 8-16.1-7. Tenure of justices. -- ADD} {ADD The justices of the supreme court, the superior court, the family court, the district court, the workers' compensation court and the administrative adjudication court shall hold office during good behavior. ADD}

SECTION 2. Chapter 1.1 of Title 8 of the General Laws entitled "Courts and Civil Procedure -- Courts" is hereby repealed in its entirety.

{DEL 8-1.1-1. Nominations. -- DEL} {DEL Whenever a vacancy occurs in the supreme court, the two (2) houses shall convene in grand committee for the purpose of receiving nominations. DEL}

{DEL 8-1.1-2. Consideration of nominees -- Special legislative committee. -- DEL} {DEL There is hereby created a special legislative committee consisting of the members of the judiciary committees of both the house and senate. The chairman of the house judiciary committee shall serve as chairman of the special committee, and the chairman of the senate judiciary committee shall serve as vice chairman. The special committee shall investigate and review the personal background as it relates to a determination of judicial fitness, professional qualifications and legal philosophy of each nominee prior to the election of a new supreme court justice or chief justice by the grand committee. DEL}

{DEL 8-1.1-3. Public hearings. -- DEL} {DEL Said special legislative committee shall conduct no less than two (2) public meetings to be advertised at least once in a newspaper of general circulation within the state. At such public hearings, the testimony of every witness shall be taken under oath and stenographic records shall be taken and maintained. The special committee may establish procedures for the conduct of its investigation consistent with this chapter. During the conduct of its investigation, the special committee shall be the sole judge of the relevance of all testimony and evidentiary materials presented to it. DEL}

{DEL 8-1.1-4. Subpoena power. -- DEL} {DEL Said special legislative committee shall during the course of its investigation and hearing have the power upon majority vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and orders for the production of books, accounts, papers, records and documents which shall be signed and issued by the chairperson of the committee, or such person serving in his or her capacity. All such subpoenas and orders shall be served as subpoenas in civil cases in the superior court are now served, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as now provided for witnesses in civil cases in the superior court. If the person subpoenaed to attend before the committee fails to obey the command of such subpoena without reasonable cause, refuses to be sworn, or to be examined, or to answer a legal and pertinent question, or if any person shall refuse to produce books, accounts, papers, records and documents material to the issue, set forth in an order duly served on him, the committee by majority vote of the committee members present may apply to any justice of the superior court, for any county, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than five (5) days, directing such person to show cause before the justice who made the order or any other justice aforesaid, why he should not be adjudged in contempt. Upon the return of such orders, the justice before whom the matter is brought on for hearing shall examine under oath such person, and such person shall be given an opportunity to be heard, and if the justice shall determine that such person has refused without reasonable cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce books, accounts, papers, records and documents, material to the issue which he was ordered to bring or produce, he may forthwith commit the offender to the adult correctional institution, there to remain until he submits to do the act which he was so required to do, or is discharged according to law. DEL}

{DEL 8-1.1-5. Recommendations authorized. -- DEL} {DEL Said special legislative committee may from time to time as it deems necessary submit the names of nominees to the Rhode Island bar association judicial committee or any other committee or commission which it deems competent to render recommendations relative to the qualifications of said nominees. Said recommendation by the Rhode Island bar association judicial committee or other such committee shall be reported directly to the special legislative committee to assist said committee in the selection process. DEL}

{DEL 8-1.1-6. Investigation authorized. -- DEL} {DEL Said special legislative committee is hereby authorized and empowered to investigate the personal background of each nominee as it relates to a determination of judicial fitness through the Rhode Island state police and the attorney general's office, and to require full financial disclosure under the provisions of chapter 14 of title 36. DEL}

{DEL 8-1.1-7. Duration of selection process. -- DEL} {DEL The process of considering said nominees shall be for a duration of not less than fourteen (14) days during which time relevant testimony and information as requested by the special legislative committee may be received and reviewed. DEL}

{DEL 8-1.1-8. Custody and destruction of investigative reports. -- DEL} {DEL The select committee shall have custody of all investigative reports pertaining to the judicial nominees which are presented to it. Following the election of a supreme court justice or chief justice by the grand committee, all such reports shall be destroyed. DEL}

{DEL 8-1.1-9. Report to the grand committee -- Recommendation. -- DEL} {DEL Upon completion by the special legislative committee of consideration of the nominees, the grand committee shall reconvene to receive said special committee's report on the suitability of each nominee to serve on the supreme court. Said report shall summarize the relevant testimony and evidentiary material presented to the special committee relating to each of the judicial nominees. The grand committee shall schedule the election of a supreme court justice or chief justice no sooner than two (2) legislative days following receipt of the special committee's report. If the grand committee fails to elect any of the nominees, new nominations shall be received and referred to the special legislative committee for consideration under the terms provided by this chapter. DEL}

SECTION 3. Section 8-2-2 of the General Laws in Chapter 8-2 entitled "Superior Court" is hereby repealed in its entirety.

{DEL 8-2-2. Tenure of justices -- Filling of vacancies. -- DEL} {DEL (a) The justices of the superior court shall hold office during good behavior and any vacancy in said court shall be filled as follows: In case there be a vacancy in the office of presiding justice or of an associate justice of said court while the senate is in session, the governor shall appoint some person to fill said vacancy, and submit his appointment to the senate for confirmation. The senate shall after seven (7) calendar days of receipt of said appointment consider the appointment but if the senate fails within twenty-one (21) calendar days after said submission to confirm said appointee, and if the senate does not by majority vote of its members extend said deliberation an additional seven (7) calendar days, the governor shall appoint some other person to fill said vacancy, and shall submit his appointment to the senate for confirmation, and so on in like manner until the senate shall confirm the person appointed by the governor. In case the senate is not in session, the governor shall appoint some person to fill said vacancy until the senate shall next convene, when the governor shall make an appointment as hereinbefore provided.

(b) During the fourteen (14) calendar days or in the instance wherein the time period for deliberations are extended an additional seven (7) days, the senate judiciary committee shall conduct an investigation and public hearing on the question of the qualifications of the nominee or nominees. At such public hearing, the testimony of every witness shall be taken under oath and stenographic records shall be taken and maintained. Further, said senate judiciary committee shall during the course of its investigation and hearing have the power upon majority vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and orders for the production of books, accounts, papers, records and documents which shall be signed and issued by the chairperson of the committee, or such person serving in his or her capacity. All such subpoenas and orders shall be served as subpoenas in civil cases in the superior court are served, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as provided for witnesses in civil cases in the superior court. If the person subpoenaed to attend before the committee fails to obey the command of such subpoena without reasonable cause, refuse to be sworn, or to be examined, or to answer a legal and pertinent question, or if any person shall refuse to produce books, accounts, papers, records and documents material to the issue, set forth in an order duly served on him, the committee by majority vote of the committee members present may apply to any justice of the superior court, for any county, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than five (5) days, directing such person to show cause before the justice who made the order or any other justice aforesaid, why he should not be adjudged in contempt. Upon the return of such order the justice before whom the matter is brought on for hearing shall examine under oath such person, and such person shall be given an opportunity to be heard, and if the justice shall determine that such person has refused without reasonable cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce books, accounts, papers, records and documents, material to the issue which he was ordered to bring or produce, he may forthwith commit the offender to the adult correctional institution, there to remain until he submits to do the act which he was so required to do, or is discharged according to law.

(c) Said committee shall for the purpose of investigating the qualifications of such nominee or nominees be furnished with a report compiled by the state police in conjunction with the attorney general's office indicating the determinations and findings of the state police and attorney general's office investigations concerning the background of said nominee or nominees and said report shall include, but not be limited to, the following:

(1) Whether the nominee has ever been convicted of or pleaded guilty to a misdemeanor or felony in this or any other state or foreign country;

(2) Whether the nominee has ever filed a personal bankruptcy petition or an assignment for the benefit of creditors in this or any other state or foreign country; and whether the nominee has ever been a partner in, held ten percent (10%) or more of stock in, or held office in any sole proprietorship, partnership or corporation that has been involved in bankruptcy or receivership actions as a debtor or because of insolvency at the time said nominee was a partner in, held ten percent (10%) or more stock in, or held office in any such sole proprietorship, partnership or corporation;

(3) Whether the nominee has ever had a civil judgment rendered against him or her arising out of an allegation of fraud, misrepresentation, libel, slander, professional negligence or any intentional tort, in this state or any other state or foreign country;

(4) The state police in conjunction with the attorney general's department shall provide in their report the names and addresses of each and every source of their information.

(d) The aforementioned reports shall be delivered to the chairman and members of the senate judiciary committee in addition to the nominee or nominees only prior to the commencement of the public hearing. Provided, however, that if the nominee or nominees withdraw or decline said appointment prior to the aforementioned public hearing then said report shall be returned to the chairman of the judiciary committee and destroyed.

(e) Said committee shall furthermore require a financial statement to be submitted by each nominee, prior to the public hearing, to the chairman of the senate judiciary committee, to investigate each nominee to determine his or her compliance with the provisions of chapter 14 of title 36.

(f) Any associate justice of the superior court, who is appointed to serve as the presiding justice on an interim basis, shall retain his or her status as an associate justice until the appointment to presiding justice is made permanent. DEL}

SECTION 4. Sections 8-8-7 and 8-8-9 of the General Laws in Chapter 8-8 entitled "District Court" are hereby amended to read as follows:

{DEL 8-8-7. Judges -- Appointment -- Terms -- Qualifications -- Temporary service in other courts. -- DEL} {ADD 8-8-7. Judges -- Temporary service in other courts. -- ADD} {DEL (a) The governor, with the advice and consent of the senate, shall appoint the chief judge and twelve (12) associate judges of the district court. The governor shall appoint with the advice and consent of the senate one (1) chief judge and twelve (12) judges to serve for life during good behavior; Provided, however, that any district court judge or chief judge who was appointed and confirmed, and who took the oath of that office on January 10, 1972 or on February 1, 1972, to serve during good behavior, shall, continue to hold and remain in that office for life during good behavior, and said judges or chief judge shall not be subject to the foregoing provisions of this section concerning appointment to such office by the governor with the advice and consent of the senate, but shall continue to hold such office for life during good behavior, and the appointment and confirmation of those judges and chief judge who took their oath of office on January 10, 1972 or on February 1, 1972 is hereby reaffirmed and ratified.

(b) To be eligible for appointment as a district court judge, a person must be a member of the bar of this state.

(c) DEL} {ADD (a) ADD} A district court judge shall devote full time to his judicial duties. He shall not practice law while holding office, nor shall he be a partner or associate of any person in the practice of law.

{DEL (d) DEL} {ADD (b) ADD} A district court judge shall be eligible to sit in any division, and, on assignment by the chief justice of the supreme court, shall be eligible to sit for temporary periods in the superior and family courts. A district court judge sitting in the superior or family court shall receive the same salary as a superior or family court judge would receive and if said district court judge sits for only a portion of a two (2) week pay period in said courts, he shall be paid for the entire two (2) week period at the higher rate of pay.

{ADD 8-8-9. Vacancies. -- ADD} (a) Whenever any person appointed to the office of chief judge or associate judge shall fail to accept and qualify for the same or there is a vacancy in the office caused by death, resignation, retirement, removal or any other cause whatsoever while the senate is in session, the governor shall appoint some person to fill the vacancy, and submit his appointment to the senate for confirmation {DEL . The senate shall after seven (7) calendar days of receipt of said appointment consider the appointment, but if the senate fails within twenty-one (21) calendar days after said submission to confirm said appointee and if the senate does not by majority vote of its members extend said deliberation an additional seven (7) calendar days, the governor shall appoint some other person to fill said vacancy and shall submit his appointment to the senate for confirmation and so on in like manner until the senate shall confirm the person appointed by the governor. In case the senate is not in session, the governor shall appoint some person to fill the vacancy until the senate shall next convene, when the governor shall make an appointment as hereinbefore provided. DEL} {ADD in accordance with the general laws governing judicial selection. ADD}

(b) Whenever the chief judge shall be unable, by reason of illness, to perform the duties of his office, or there is a vacancy in said office, the associate judge having precedence, who is present and qualified to act, shall perform the duties of the office until the inability is removed or, in the case of a vacancy, until the vacancy shall be filled {DEL as hereinbefore provided DEL} {ADD in accordance with the general laws governing judicial selection ADD} . In the event that the chief judge determines that his absence will prevent him from performing the duties of his office, he shall designate an associate judge to perform said duties during the period of his absence.

(c) The associate judges shall have precedence according to the dates of their commissions, or when the commission of two (2) or more of them bear the same date, according to their ages.

{DEL (d) During the fourteen (14) calendar days or in the instance wherein the time period for deliberations is extended an additional seven (7) days, the senate judiciary committee shall conduct an investigation and public hearing on the question of the qualifications of the nominee or nominees. At such public hearing, the testimony of every witness shall be taken under oath and stenographic records shall be taken and maintained. Further, said senate judiciary committee shall during the course of its investigation and hearing have the power upon majority vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and orders for the production of books, accounts, papers, records and documents which shall be signed and issued by the chairperson of the committee, or such person serving in his or her capacity. All such subpoenas and orders shall be served as subpoenas in civil cases in the superior court are served and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as provided for witnesses in civil cases in the superior court. If the person subpoenaed to attend before the committee fails to obey the command of such subpoena without reasonable cause, refuses to be sworn, or to be examined, or to answer a legal and pertinent question, or if any person shall refuse to produce books, accounts, papers, records and documents material to the issue, set forth in an order duly served on him, the committee by majority vote of the committee members present may apply to any justice of the superior court, for any county, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than five (5) days directing such person to show cause before the justice who made the order or any other justice aforesaid why he should not be adjudged in contempt. Upon the return of such order, the justice before whom the matter is brought on for hearing shall examine under oath such person and such person shall be given an opportunity to be heard; and if the justice shall determine that such person has refused without reasonable cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce books, accounts, papers, records and documents, material to the issue which he was ordered to bring or produce, he may forthwith commit the offender to the adult correctional institution, there to remain until he submits to do the act which he was so required to do, or is discharged according to law.

(e) Said committee shall for the purpose of investigating the qualifications of such nominee or nominees be furnished with a report compiled by the state police in conjunction with the attorney general's office indicating the determinations and findings of the state police and attorney general's office investigations concerning the background of said nominee or nominees and said report shall include, but not be limited to, the following:

(1) Whether the nominee has ever been convicted of or pleaded guilty to a misdemeanor or felony in this or any other state or foreign country;

(2) Whether the nominee has ever filed a personal bankruptcy petition or an assignment for the benefit of creditors in this or any other state or foreign country; and whether the nominee has ever been a partner in, held ten percent (10%) or more of stock in, or held office in any sole proprietorship, partnership or corporation that has been involved in bankruptcy or receivership actions as a debtor or because of insolvency at the time said nominee was a partner in, held ten percent (10%) or more stock in, or held office in any such sole proprietorship, partnership or corporation;

(3) Whether the nominee has ever had a civil judgment rendered against him or her arising out of an allegation of fraud, misrepresentation, libel, slander, professional negligence or any intentional tort, in this state or any other state or foreign country;

(4) The state police in conjunction with the attorney general's department shall provide in their report the names and addresses of each and every source of their information.

(f) The aforementioned reports shall be delivered to the chairman and members of the senate judiciary committee in addition to the nominee or nominees only prior to the commencement of the public hearing. Provided, however, that if the nominee or nominees withdraws or declines said appointment prior to the aforementioned public hearing, then said report shall be returned to the chairman of the judiciary committee and destroyed.

(g) Said committee shall furthermore require a financial statement to be submitted by each nominee, prior to the public hearing, to the chairman of the senate judiciary committee, to investigate each nominee to determine his or her compliance with the provisions of chapter 14 of title 36 of the general laws. DEL}

SECTION 5. Section 8-10-11 of the General Laws in Chapter 8-10 entitled "Family Court" is hereby repealed in its entirety.

{DEL 8-10-11. Tenure of justices -- Filling of vacancies. -- DEL} {DEL (a) The justices of the family court shall hold office during good behavior and any vacancy in said court shall be filled as follows: In case there be a vacancy in the office of the chief judge or of an associate justice of the court while the senate is in session, the governor shall appoint some person to fill said vacancy and submit his appointment to the senate for confirmation. The senate shall after seven (7) calendar days of receipt of said appointment consider the appointment, but if the senate fails within twenty-one (21) calendar days after said submission to confirm said appointee and if the senate does not by majority vote of its members extend said deliberation an additional seven (7) calendar days, the governor shall appoint some other person to fill said vacancy and shall submit his appointment to the senate for confirmation, and so on in like manner until the senate shall confirm the person appointed by the governor. In case the senate is not in session, the governor shall appoint some person to fill said vacancy until the senate shall next convene, when the governor shall make an appointment as hereinbefore provided.

(b) During the fourteen (14) calendar days or in the instance wherein the time period for deliberations are extended an additional seven (7) days, the senate judiciary committee shall conduct an investigation and public hearing on the question of the qualifications of the nominee or nominees. At such public hearing the testimony of every witness shall be taken under oath and stenographic records shall be taken and maintained. Further, said senate judiciary committee shall during the course of its investigation and hearing have the power upon majority vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and orders for the production of books, accounts, papers, records and documents which shall be signed and issued by the chairperson of the committee, or such person serving in his or her capacity. All such subpoenas and orders shall be served as subpoenas in civil cases in the superior court are served, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as provided for witnesses in civil cases in the superior court. If the person subpoenaed to attend before the committee fails to obey the command of such subpoena without reasonable cause, refuses to be sworn or to be examined, or to answer a legal and pertinent question, or if any person shall refuse to produce books, accounts, papers, records and documents material to the issue, set forth in an order duly served on him, the committee by majority vote of the committee members present may apply to any justice of the superior court, for any county, upon proof by affidavit of the fact, for a rule or order, returnable in not less than two (2) nor more than five (5) days, directing such person to show cause before the justice who made the order or any other justice aforesaid, why he should not be adjudged in contempt. Upon the return of such order, the justice before whom the matter is brought on for hearing shall examine under oath such person, and such person shall be given an opportunity to be heard, and if the justice shall determine that such person has refused without reasonable cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce books, accounts, papers, records and documents, material to the issue which he was ordered to bring or produce, he may forthwith commit the offender to the adult correctional institution, there to remain until he submits to do the act which he was so required to do, or is discharged according to law.

(c) Said committee shall for the purposes of investigating the qualifications of such nominee or nominees be furnished with a report compiled by the state police in conjunction with the attorney general's office indicating the determinations and findings of the state police and attorney general's office investigations concerning the background of said nominee or nominees and said report shall include, but not be limited to, the following:

(1) Whether the nominee has ever been convicted of or pleaded guilty to a misdemeanor or felony in this [state] or any other state or foreign country;

(2) Whether the nominee has ever filed a personal bankruptcy petition or an assignment for the benefit of creditors in this or any other state or foreign country; and whether the nominee has ever been a partner in, held ten percent (10%) or more of stock in, or held office in any sole proprietorship, partnership or corporation that has been involved in bankruptcy or receivership actions as a debtor or because of insolvency at the time said nominee was a partner in, held ten percent (10%) or more stock in, or held office in any such sole proprietorship, partnership or corporation;

(3) Whether the nominee has ever had a civil judgment rendered against him or her arising out of an allegation of fraud, misrepresentation, libel, slander, professional negligence or any intentional tort, in this state or any other state or foreign country;

(4) The state police in conjunction with the attorney general's department shall provide in their report the names and addresses of each and every source of their information.

(d) The aforementioned reports shall be delivered to the chairman and members of the senate judiciary committee in addition to the nominee or nominees only prior to the commencement of the public hearing. Provided, however, that if the nominee or nominees withdraw or decline said appointment prior to the aforementioned public hearing, then said report shall be returned to the chairman of the judiciary committee and destroyed.

(e) Said committee shall, furthermore, require a financial statement to be submitted by each nominee, prior to the public hearing, to the chairman of the senate judiciary committee, to investigate each nominee to determine his or her compliance with the provisions of chapter 14 of title 36. DEL}

SECTION 6. Sections 28-30-1 and 28-30-2 of the General Laws in Chapter 28-30 entitled "Workers' Compensation Court" is hereby amended to read as follows:

{ADD 28-30-1. Court established -- General powers. -- ADD} There shall be established in the state of Rhode Island a workers' compensation court {ADD consisting of a chief judge and nine (9) associate judges ADD} having such jurisdiction as may be necessary to carry out its duties under the provisions of the Workers' Compensation Act (chapters 29 -- 38, inclusive, of this title) except those provisions of the act which establish violations of the act as crimes, offenses or misdemeanors. The jurisdiction of those crimes, offenses or misdemeanors shall remain in the district and superior courts as otherwise provided by law.

The court shall be a court of record with the same authority and power to subpoena and also the same authority and power to cite and punish for civil contempt as exist in the superior court. The court shall have a seal and the members and administrator, and deputy administrator and assistant clerks thereof shall have authority and power to administer oaths and affirmations.

{ADD 28-30-2. Appointment and terms of judges. -- ADD} (a) {DEL The governor shall, with the advice and consent of the senate, appoint ten (10) judges to serve for life during good behavior; provided, however, that any DEL} {ADD Any ADD} workers' compensation commissioner who was appointed and confirmed and who took the oath of that office and is holding such office on [July 11, 1990] {DEL and DEL} shall continue to remain in the office of workers' compensation judge {ADD in accordance with the general laws. ADD} {DEL for life during good behavior, and any commissioner who has been appointed chairperson and is serving in such capacity on [July 11, 1990] shall remain in the office of chief judge for life during good behavior and those judges shall not be subject to the foregoing provisions of this section concerning appointment to that office by the governor with the advice and consent of the senate, but shall continue to hold the office of workers' compensation judges and chief judge, respectively for life during good behavior, and the DEL} {ADD The ADD} appointment and confirmation as workers' compensation judges and chief judge of those judges who took their oath of office and are holding such office on [July 11, 1990] is hereby ratified and confirmed.

Whenever there is a vacancy in the office of chief judge of the workers' compensation court, or whenever said chief judge shall be unable by reason of illness to perform the duties of chief judge, then the workers' compensation judge having precedence, who is present and qualified to act, shall perform the duties of chief judge until the vacancy shall be filled or the inability removed. In the event that the chief judge determines that his or her absence for reasons other than illness will prevent him or her from performing the duties of that office, then the chief judge shall designate a workers' compensation judge to perform said duties during the period of his or her absence. The workers' compensation judges holding office on the effective date of this act or hereafter appointed shall have precedence according to the dates of their commissions, or where the commissions of two (2) or more of them bear the same date, according to their ages.

{DEL (b) In the event a vacancy shall occur, the governor, with the advice and consent of the senate, shall appoint a person duly qualified to act as a judge to fill the vacancy and shall submit his or her name to the senate for confirmation; provided, however, that in the event the legislature is not in session at any time when the governor is empowered by the provisions of this chapter to make an appointment which requires the advice and consent of the senate, the governor shall appoint a person duly qualified to act as judge under the provisions of this chapter to fill the vacancy until the next session of the legislature at which time the governor shall submit his or her appointment to the senate for its advice and consent; provided, further, however, that the person heretofore appointed by the governor shall continue to fill the vacancy until his successor shall be duly appointed and qualified. The majority leader of the senate, pursuant to a resolution adopted may convene the senate for the sole purpose of confirmation of appointment or appointments herein provided.

(c) The governor shall designate one (1) of the judges as chief judge.

(d) DEL} {ADD (b) ADD} With the approval of the chief judge, the judges of the court may appoint attorneys who are qualified as arbitrators under the court-annexed arbitration procedures to act as masters and make findings under the supervision of the appointing judge. With the approval of the chief judge, unless specifically prohibited by chapter 11-27 of the general laws, the judges may authorize the appearance of claims adjusters or lay representatives before the masters.

SECTION 7. Section 31-43-1 of the General Laws in Chapter 31-43 entitled "Administrative Adjudication Court" is hereby amended to read as follows:

{ADD 31-43-1. Establishment of court -- Judges -- Seal -- Oaths. -- ADD} (a) There is hereby established an administrative adjudication court, consisting of a chief judge and {ADD six (6) ADD} associate judges to administer and adjudicate traffic violations. The administrative adjudication court and the department of transportation shall coordinate their activities affecting licenses and registrations issued by the department of transportation; provided, however, that the administrative adjudication court shall be a member of the judicial branch of government, shall be part of the unified court system, and shall be independent of the department of transportation.

{DEL (b) The governor, with the advice and consent of the senate shall appoint persons to fill vacancies in the offices of chief judge or associate judges of the administrative adjudication court to serve for life during good behavior who shall be attorneys-at-law who prior to their appointment shall have practiced in this state for not less than two (2) years; provided, however, that administrative law judges of the division for administrative adjudication in office as of the effective date of [September 1, 1992,] including the chief administrative law judge, shall hold office for life during good behavior and shall not be subject to the foregoing provisions of this section concerning appointment to such office by the governor with the advice and consent of the senate, but shall continue to hold such office for life during good behavior, and the appointment and confirmation of these judges, including the chief judge, who took their oaths of office and are holding such office on the effective date of this act is hereby ratified and confirmed.

(c) DEL} {ADD (b) ADD} Said judges shall hear and determine cases as provided by this chapter and the chief judge may, in consultation with the administrator/clerk and subject to approval by the supreme court, promulgate such rules and regulations as shall be necessary or desirable to effect the purposes of this chapter. Such regulations may provide for a schedule of monetary penalties to be used where an answer is made by mail admitting a charge provided that no such penalty shall exceed the maximum fine established by law for the traffic or motor vehicle infraction involved.

{DEL (d) DEL} {ADD (c) ADD} A judge shall devote full time to his or her judicial duties; shall not practice law while holding office; and shall not be a partner or associate of any person in the practice of law.

{DEL (e) DEL} {ADD (d) ADD} Judges of the administrative adjudication court shall remain and be deemed "employees" within the meaning of section 36-8-1(2) of the general laws, and shall remain and be members of the retirement system previously established by sections 31-43-11 through 31-43-14 of this chapter.

{DEL (f) DEL} {ADD (e) ADD} Judges of the administrative adjudication court shall be subject to the provisions of Article XI of the Constitution of the State of Rhode Island; to the {DEL Canons of Judicial Ethics DEL} {ADD code of judicial conduct or successor code ADD} promulgated by the supreme court of this state; to the jurisdiction of the Commission on Judicial Tenure and Discipline in accordance with chapter 8-16 of the general laws; and to the administrative authority and control of the chief justice of the supreme court in accordance with chapter 8-15 of the general laws.

{DEL (g) In the event a vacancy shall occur, the governor, with the advice and consent of the senate, shall appoint a person duly qualified to act as a judge to fill such vacancy and shall submit his or her name to the senate for confirmation; provided, however, that in the event the legislature is not in session at any time when the governor is empowered by the provisions of this chapter to make an appointment which requires the advice and consent of the senate, the governor shall appoint a person duly qualified to act as judge under the provisions of this chapter to fill such vacancy until the next session of the legislature at which time the governor shall submit his or her appointment to the senate for its advice and consent; provided further, however, that the person heretofore appointed by the governor shall continue to fill the vacancy until his or her successor shall be duly appointed and qualified. The majority leader of the senate, pursuant to a resolution adopted may convene the senate for the sole purpose of confirmation of appointment or appointments herein provided.

(h) DEL} {ADD (f) ADD} The administrative adjudication court shall be a court of record and shall have a seal with such words and devices as the court shall adopt.

{DEL (i) DEL} {ADD (g) ADD} The judges and administrator/clerk of the administrative adjudication court shall have power to administer oaths and affirmations.

{DEL (j) DEL} {ADD (h) ADD} The chief judge shall be the administrative head of the court and shall be responsible for its operation and the efficient use of its personnel. To this end he or she shall:

(1) Hold court in any location when he or she deems it necessary, assign judges to hold court in the various locations, and designate the place or places for holding court in each location subject to the approval of the chief justice of the supreme court;

(2) Fix the time for holding court in each location and supervise the calendars;

(3) Report annually to the chief justice of the supreme court on the state of the business of the court;

(4) Supervise the collection and publication of statistics pertaining to the court;

(5) Supervise the management of the records of the court;

(6) Determine the time of vacations to be taken by the judges;

(7) Preside over the court meetings and designate the times and places that they shall be held; and

(8) Promulgate, in consultation with the administrator/clerk, rules and regulations relating to the operations and conduct of the court and supervision of the judges subject to the approval of the supreme court.

SECTION 8. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

SECTION 9. This act shall take effect upon passage except that as to the supreme court it shall take effect upon ratification of a constitutional amendment entitled "JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE (JUDICIAL SELECTION)."