Letter: Ethics and Judicial Nominating Commissions Dropped the Ball with Williamson

To the editor:

Rhode Island has a merit selection system for the appointment of judges that was enacted in 1994 where the Judicial Nominating Commission (JNC) evaluates and recommends three to five of the best qualified applicants from which the Governor makes an appointment subject to the advice and consent of the Senate. The intent of this reformed judicial selection process was to minimize political manipulation while strictly limiting the General Assembly to an “advice and consent” role.

Since enactment the judicial merit selection system has been under attack by successive Governors and General Assemblies to the extent that the process is lacking the integrity upon which it is based. It is apparent that the merit selection system has evolved from a well-intended process to a quintessential RI political patronage system. As evidenced by the many insider judicial appointments the merit selection process has been degraded to a mere bartering system between the legislative and executive branches of our state government. Unfortunately, this bartering system is exercised through behind the scenes intimidation and extortion of the Governor by the legislative leadership. This practice by the legislative leaders has long been suspected and recently been confirmed by the candid admission by former Governor Chafee concerning the appointment of former Senate President Montalbano as a Superior Court judge. Governor Chafee should be congratulated for lighting the torch and bringing this dark side of the merit selection process to light.

The importance of the quality and integrity of the JNC vetting process and its judicial nominees is an integral and vital aspect of the merit selection process. Regrettably the JNC has again recently been tainted by the poor vetting of the current short list of judicial nominees sent to the Governor with specific reference to the Williamson nomination. As well as ignoring the dark side of Mr. Williamson’s past the JNC did not consider the state Revolving Door policy as it applied to Mr. Williamson. Yet, according to the NBC 10 I-Team the record shows that Williamson made the short (nominee) list by a 5 to 4 vote. The vetting process by the JNC clearly failed.

Prudently at the recommendation of Common Cause RI Mr. Williamson eventually sought an Advisory Opinion from the RI Ethics Commission concerning the application of the Revolving Door policy to his pursuit of a judicial appointment. Unfortunately the Ethics Commission ruled in favor of Williamson. This is the second time recently that an insider, Richard Licht being the first, has circumvented the Revolving Door policy. Whether those rulings were justifiable or not it clearly demonstrates that the system, the JNC and the Ethics Commission, have not been effective in advocating for the merit selection of our judges. It remains as Rhode Island’s premier patronage system. It is now left to the Governor as the last line of defense to be the ultimate champion of an effective judicial merit selection system. Will she have the courage to pick up and carry the torch ignited by former Governor Chafee or succumb to the intimidation of the General Assembly leadership? All eyes are now on Governor Raimondo.

Frank DiGregorio
Exeter