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SB 2938

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- JUDICIAL SELECTION

2026 Regular Session Introduced by Jonathon Acosta and 8 co-sponsors

The bill strengthens the Rhode Island Judicial Nominating Commission by boosting transparency, public input, diversity, disclosures, and a fairness-backed interim vacancy process.

05/28/2026 Committee recommended measure be held for further study
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Bill Summary · SB 2938

Overview

  • Bill: SB 2938
  • Session: 2026
  • Jurisdiction: Rhode Island
  • Title: AN ACT RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- JUDICIAL SELECTION
  • Introduced: March 4, 2026
  • Referred to: Senate Judiciary
  • Primary aim: Reform and strengthen the Rhode Island Judicial Nominating Commission (JNC) process, with enhanced open meetings, public input, disclosures, and contingency provisions for filling vacancies.

Main purpose and intent

  • Establishes and tightens governance around Rhode Island’s independent, nonpartisan Judicial Nominating Commission.
  • Improves transparency and accountability in judicial selection.
  • Adds requirements for public engagement and disclosure by nominees.
  • Creates a mechanism to ensure continuity of the JNC membership if vacancies occur outside normal appointment cycles, by involving the Rhode Island Supreme Court’s Committee on Racial and Ethnic Fairness in tandem with the Bar Association.

Key provisions and changes

  • Structure and appointment

    • The JNC remains an independent, nonpartisan body of nine Rhode Island residents.
    • Terms and appointment process mirror existing framework, with specified lists from legislative leaders and the governor making appointments.

  • Diversity and compatibility

    • The appointing authorities must exercise reasonable efforts to promote racial, ethnic, and gender diversity within the commission.

  • Term lengths and initial term schedules

    • General term: four years for each member.
    • Initial staggered terms for the first cohort (1-4 years varying by source list) to establish rotation and continuity.

  • Eligibility and conflicts

    • No member may be a legislator, judge, elected official, or hold compensated public office during tenure or for one year prior.
    • No two members may be from the same law firm or same for-profit/nonprofit employer.
    • No member may seek or hold a state judicial office during and for one year after service.

  • Vacancy handling and interim appointments

    • If a successor isn’t appointed within 30 days after a term expires, the Rhode Island Supreme Court Committee on Racial and Ethnic Fairness, with input from the Bar Association and its Diversity, Equity, and Inclusion Committee, shall appoint a qualified interim member to fill the unexpired term.

  • Operational rules and public engagement

    • The Commission can adopt rules and procedures to identify the most qualified nominees.
    • The Governor designates a chairperson to serve for the duration of that member’s tenure.
    • All meetings are subject to the state’s open meetings law.
    • The Commission must provide a meaningful public forum with time for public comment before final nominating actions; no advance sign-up requirement for speakers beyond 48 hours; written testimony accepted before final action.

  • Disclosure and background checks

    • The Commission may investigate nominees’ backgrounds for judicial fitness (via state police and Attorney General).
    • Nominees must disclose full financial interests under state law and disclose campaign contributions (to candidates, PACs, or political committees) within a prescribed period defined by the Commission.

  • Resources and support

    • The Commission may hire staff and incur necessary expenditures; funding for office space and operations to be provided by the Department of Administration as a separate budget line item titled "judicial nominating commission."

  • Transparency of proceedings

    • The Commission must provide live audiovisual broadcasts of open meetings over the internet and maintain an online archive of each recording.

Who is affected

  • Prospective judicial nominees seeking appointment to Rhode Island courts.
  • Members of the Rhode Island Supreme Court Committee on Racial and Ethnic Fairness, RI Bar Association, and its Diversity, Equity, and Inclusion Committee (interactions regarding interim appointments).
  • The Governor and legislative leaders (as appointing authorities and nominators) and the public stakeholder groups participating in open forums and public comment.

Procedural and timeline aspects

  • Takes effect upon passage (immediate effect once enacted).
  • Maintains existing four-year terms with staggered beginnings for first appointees.
  • Provides a 30-day window to appoint a successor; if not filled, interim appointment by a designated fairness and Bar Association collaboration.
  • Requires live internet broadcasting and an online archive of all open meetings.

Potential impact

  • Increased transparency in judicial selection through public forums, disclosures, and online meeting coverage.
  • Improved diversity representation on the JNC.
  • Stronger safeguards against conflicts of interest and improper influence in nominating process.
  • Contingency mechanism to avoid deadlock or prolonged vacancies in the JNC via interim appointments guided by fairness and diversity bodies.

Compiled from official sources — confirm details with the bill’s official record.

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