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Judicial selection in Rhode Island
| Judicial selection in Rhode Island | |
 | |
| Rhode Island Supreme Court | |
| Method: | Assisted appointment |
| Term: | Life term |
| Rhode Island Superior Court | |
| Method: | Assisted appointment |
| Term: | Life term |
| Rhode Island Family Court | |
| Method: | Assisted appointment |
| Term: | Life term |
| Rhode Island District Court | |
| Method: | Assisted appointment |
| Term: | Life term |
| Rhode Island Workers' Compensation Court | |
| Method: | Assisted appointment |
| Term: | Life term |
| Rhode Island Traffic Tribunal | |
| Method: | Assisted appointment |
| Term: | Life term |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Rhode Island, including:
As of April 2025, all Rhode Island judges were appointed by the governor with help from a nominating commission consisting of nine members. Supreme Court nominees then needed to be approved by a majority vote of both the state House and the state Senate, while all other court nominees only needed approval by the Senate.
Click here to notify us of changes to judicial selection methods in this state.
Rhode Island Supreme Court
- See also: Rhode Island Supreme Court
The five justices of the Rhode Island Supreme Court are appointed by the governor with help from a nominating commission made up of nine members. Supreme court nominees must then be approved by a majority vote of both the state House and the state Senate.[1] Justices serve for life or until they retire.
Qualifications
To serve on the Rhode Island Supreme Court, a judge must be:
- an attorney;
- licensed to practice law in the state; and
- a member of the state bar in good standing.[1]
Chief justice
The chief justice is chosen the same way as other justices are when appointed to the court. Like other judges, the chief justice serves in that capacity for life.[1]
Vacancies
Because Rhode Island judges serve for life or until they retire, the concept of a midterm vacancy has little relevance to the state's selection process. When a judge retires or passes away in office, the governor picks a nominee from a list from the judicial nominating commission. The nominee must be confirmed by a majority vote in both chambers of the state legislature.[1]
The map below highlights how vacancies are filled in state supreme courts across the country.
Rhode Island Superior Court
- See also: Rhode Island Superior Court
Rhode Island Superior Court judges are appointed by the governor with help from a nominating commission consisting of nine members. Superior court nominees must then be approved by a majority vote in the Senate.[1] Rhode Island judges serve for life or until they retire.
Qualifications
To serve on the Rhode Island Superior Court, a judge must be:
- an attorney;
- licensed to practice law in the state; and
- a member of the state bar in good standing.[1]
Presiding justice
The presiding justice is chosen the same way as other justices are when appointed to the court. Like other judges, the presiding justice serves in that capacity for life.[1]
Vacancies
Because Rhode Island judges serve for life or until they retire, the concept of a midterm vacancy has little relevance to the state's selection process. When a judge retires or passes away in office, the governor picks a nominee from a list from the judicial nominating commission. The nominee must be confirmed by a majority vote in the state Senate.[1]
Limited jurisdiction courts
Rhode Island has four types of limited jurisdiction courts: District Courts, Family Courts, the Workers' Compensation Court, and the Rhode Island Traffic Tribunal.
Rhode Island District Courts
District Court judges are nominated by the governor from a list of names provided by a nominating commission, after which they face approval by the Rhode Island Senate. They are subject to the same qualifications as supreme and superior court judges.[2]
Rhode Island Family Court
Family Court judges are nominated by the governor from a list of names provided by a nominating commission, after which they face approval by the Rhode Island Senate. They are subject to the same qualifications as supreme and superior court judges.[2]
Rhode Island Workers' Compensation Court
Workers' Compensation Court judges are nominated by the governor from a list of names provided by a nominating commission, after which they face approval by the Rhode Island Senate. They are subject to the same qualifications as supreme and superior court judges.[2]
Rhode Island Traffic Tribunal
Traffic Tribunal judges are nominated by the chief justice of the supreme court from a list of names provided by a nominating committee, after which they face approval by the Rhode Island Senate.[3]
History
Below is a timeline noting changes to judicial selection methods in Rhode Island.
- 2007: Legislation passed allowing the governor to choose judicial nominees from lists of finalists from previous years. The legislation allowed the governor to use lists of finalists dating back to July 1, 2002. This law was automatically repealed on June 30, 2008.[4]
- 1994: Following efforts by various organizations to instate merit selection as the courts' selection method, the constitution was amended:
- In June, a merit selection system was adopted for the lower courts.
- In November, a merit selection system was adopted for the supreme court.
- 1956: Superior, district, and family court judges were appointed for life by the governor with Senate consent.
- 1932: District court judges were appointed to six-year terms by the governor with Senate consent.
- 1905: Superior court judges were elected for life by the Rhode Island General Assembly in grand committee.
- 1902: District court judges were elected to three-year terms by the General Assembly in grand committee.
- 1842: Supreme court justices were elected by the General Assembly in grand committee, and justices continued serving until a majority of each house passed a resolution declaring the seat vacant.[5]
Courts in Rhode Island
In Rhode Island, there is one federal district court, a state supreme court, and trial courts. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Rhode Island's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[6]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[7] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 American Judicature Society, "Methods of Judicial Selection: Rhode Island," archived October 3, 2014
- ↑ 2.0 2.1 2.2 American Judicature Society, "Methods of Judicial Selection: Rhode Island; Limited Jurisdiction Courts," archived October 3, 2014
- ↑ Rhode Island Bar Association, "RI Traffic Tribunal Judicial Magistrate Vacancy and RI Supreme Court Executive Order 2022-09 Regarding RI Traffic Tribunal Magistrate Selection Committee; RI Division of Taxation Changes to Corporate Tax Vouchers," accessed April 13, 2023
- ↑ State of Rhode Island, "Chapter 07-120," accessed May 10, 2019
- ↑ American Judicature Society, "History of Reform Efforts: Rhode Island," archived October 3, 2014
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
First Circuit Court of Appeals • U.S. District Court: District of Rhode Island • U.S. Bankruptcy Court: District of Rhode Island
State courts:
Rhode Island Supreme Court • Rhode Island Superior Court • Rhode Island District Court • Rhode Island Family Court • Rhode Island Workers' Compensation Court • Rhode Island Traffic Tribunal
State resources:
Courts in Rhode Island • Rhode Island judicial elections • Judicial selection in Rhode Island
