NEW: Magistrates Should Merit Position

NEW: Magistrates Should Merit Position

With RI magistrate selection at times being very contentious, Rep. Donna M. Walsh has submitted legislation that would require merit selection and vetting by the Judicial Nominating Commission for magistrates in Rhode Island.

The legislation is backed by Common Cause, which has also been pushing for merit selection of magistrates.

Magistrates are a kind of court officer who generally preside over uncontested cases, though their duties vary from court to court. Currently, the presiding judges of their court appoint most of the 20 magistrates in Rhode Island’s court system, with confirmation from the Senate.

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Hold to a Higher Standard

Under Representative Walsh’s bill [2011-H 5091], magistrates would be selected in the same manner as judges: the state Judicial Nominating Commission would submit to the governor a list of candidates it deems appropriate, from which the governor could choose a candidate to nominate on the basis of merit. That candidate would then be subject to Senate confirmation. The names of all finalists would be made public, just like names of judge finalists selected by the Judicial Nominating Committee.

Representative Walsh said the legislation is necessary because magistrates’ responsibilities and powers are very similar to those of judges, so their appointments should be made with similar prudence and review.

“Magistrates’ decisions are legally binding just like judges’ orders are. They can send people to jail, grant or deny someone’s bail and hear motions just like judges. They have people’s fate in their hands just as much as judges do, and our citizens deserve assurance that they are selected fairly and on the basis of merit,” said Representative Walsh, a Democrat who represents District 36 in Charlestown, New Shoreham, South Kingstown and Westerly.

Remove the Politics

“They also receive salaries and pensions that are similar to those of District Court judges,” Walsh added. “Rhode Island doesn’t appoint judges without any public hearings or discussion of their merits, so we shouldn’t choose our magistrates that way.”

According to Representative Walsh, the move would reduce the politics involved with the appointment of magistrates, assure that magistrates are qualified for their work and strengthen the public’s confidence in the their ability to preside fairly over cases.

Representative Walsh submitted similar legislation in 2002 when she was a senator, after leading a commission that studied the appointment of magistrates. That bill passed the Senate that year, and she has submitted the bill each year since winning election to the House of Representatives in 2006.

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