Ruggerio: Advocating for Minority on Supreme Court Would Be Improper, But Pushes Lynch Prata

Monday, July 06, 2020

 

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Senate President Ruggerio and Senate Judiciary Chair Lynch Prata

Senate President Dominick Ruggerio is claiming that it would be inappropriate for him to advocate for placing a minority on the State Supreme Court due to the Senate’s role in advice and consent, but just two months earlier issued a press release strongly endorsing Senator Erin Lynch Prata for the open seat. Ruggerio had previously named Lynch Prata chair of the Judiciary Committee.

Since the establishment of a high court in Rhode Island more than 350 years ago, no person of color has ever served.

Now, legislators and minority leaders have been calling for the vacancy to be filled by a minority.

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From Jim Vincent of the Providence Chapter of the RI NAACP to Raymond “Two Hawks” Watson, the Founder of the Providence Cultural Equity Initiative, to Senator James Sheehan --  a growing number of Rhode Islanders have called for a minority to be named to the vacancy, the first opening on the court in ten years.

Ruggerio told GoLocal that it would be inappropriate for him however to advocate to place a man or woman of color on the Supreme Court as the Senate provides advice and consent. 

The Senate President said in a statement, “The Senate has a constitutional duty to thoroughly review the experience and abilities of every appointment to a state judicial post. The Senate has no role in the selection process, nor should we.”

“The Judicial Nominating Commission (JNC) was established by the people of Rhode Island as a selection board separate and distinct from other branches of state government. It would be inappropriate for the Senate to weigh in on a process that has been intentionally established to be separate from the Legislature. That is precisely the kind of interference the JNC was created to avoid,” said Ruggerio.

“Once a judicial selection has been made, the Senate has a solemn obligation to weigh the qualifications of the appointed candidate, and we will undertake that process with all the gravity befitting of a judicial appointment. We will not prejudge the process before it even begins,” added Ruggerio.

However, on April 28, Ruggerio issued a press release extolling Lynch Prata's candidacy to the Supreme Court.  

Ruggerio said, “Erin Lynch Prata is a truly exceptional public servant who has served the state and the Senate with extraordinary integrity and distinction. As Judiciary Committee Chairwoman, she led deliberations on complex and often emotionally charged issues with wisdom, grace and compassion. Her leadership was indispensable and she spent countless hours addressing some of the most daunting challenges our chamber has ever faced. I appreciate how fortunate I have been to have her as a member of the Senate’s leadership team, and I know she would make a similarly invaluable contribution on the bench."

"Should she win the recommendation of the Judicial Nominating Commission and the Governor, our state would be fortunate to have a jurist of such exceptional ability and character. I wish her the best in this pursuit," he continued.

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Common Cause's John Marion

Is Lynch Prata's Candidacy Legal?

Senator Sheehan, Common Cause Rhode Island, and others say that Lynch Prata's candidacy violates the state law the requires legislators to delay one year before being appointed to the judiciary. In June, John Marion, Executive Director of Common Cause, raised concerns about the process and overt politics.

The Ethics Commission rejected the recommendation of its own staff and decided that the revolving door prohibition does not apply to Lynch Prata in her campaign to be a Rhode Island Supreme Court judge. 

RI GOP Chairwoman Sue Cienki commented: “The majority of the Ethics Commission should be embarrassed. It rejected a well-reasoned opinion of its own staff. A Supreme Court judgeship is not an elected constitutional office; it is an appointed position. By opening the revolving door for legislators to go directly to the Supreme Court, a majority on the Ethics Commission voted to go back to the corrupt judicial selection politics that existed a generation ago when two consecutive Chief Justices, who were former legislators, resigned in disgrace.” 

 
 

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