Rhode Island Lawmakers Set for Rare Post-Election Lame-Duck Session to Confirm Judges

For the first time in six years, state lawmakers are stepping back onto the floor after a general election, convening a rare lame-duck session to weigh a stack of critical judicial and magistrate appointments.

Christopher Shea reported for the Rhode Island Current that state lawmakers are scheduled to return following the November 3 election to consider five magistrate slots alongside up to four judicial vacancies, including Gov. Dan McKee’s pending pick for the state Supreme Court. It marks a sharp departure from recent history in the statehouse.

As Common Cause Rhode Island Executive Director John Marion noted in an interview with the Current, lawmakers traditionally head home in June and do not return until the next regular term. While legislative sessions following autumn elections used to happen more frequently when turnover generated steady judicial openings or prompted veto overrides by Republican governors, the practice has grown exceptionally rare.

It’s certainly not without precedent to see lame-duck legislatures do this, Marion said, describing the upcoming meetings. It’s not mischievous — this is their duty under the way the law reads.

The Magistrate Nominations on the Table

The Senate has already received five magistrate nominations requiring its advice and consent. Superior Court Presiding Justice Joseph A. Montalbano recommended Timothy G. Healy and Kara Hoopis Manosh for magistrate positions in the state’s highest trial court. Unlike judges who receive lifetime appointments, Rhode Island magistrates serve fixed 10-year terms.

In addition to those trial court picks, Family Court Chief Judge Michael Forte recommended Robert A. Ragosta and Therese M. Picard for magistrate appointments in August, alongside the January reappointment recommendation for Traffic Tribunal Magistrate Erika Kruse Weller. Senate spokesperson Greg Paré confirmed Tuesday that the chamber has received all five names, adding that officials anticipate receiving further appointments from both the governor and the judiciary.

Waiting on the Governor’s Supreme Court Pick

While the magistrate queue moves forward, the high court vacancy created by Justice Maureen McKenna Goldberg’s spring retirement remains in a holding pattern. In August, Gov. McKee nominated Superior Court Judge Luis Matos to fill the seat, praising him during an August 12 press conference as the most qualified candidate among five he interviewed, a group that included former House Speaker K. Joseph Shekarchi.

However, state law requires the governor to formally transmit a Supreme Court nomination to both the House and Senate before lawmakers can begin the confirmation process. McKee has yet to formally transmit Matos’s name to the legislature.

The governor has not forwarded a name to the House for a Supreme Court appointment, so there is no return date for the House, chamber spokesperson Larry Berman wrote in an email to the Current.

The political backdrop adds another layer of complexity. McKee lost his bid in the September 9 Democratic primary to rival Helena Bounnano Foulkes. Foulkes now faces independent candidate Ken Block, Republican Aaron Guckian, and two additional independent contenders in the November 3 general election. Meanwhile, McKee’s office did not respond to requests for comment regarding the status of his outstanding judicial picks.

The Legislative Timeline Ahead

State law mandates a seven-calendar-day waiting period after lawmakers receive a nomination before they can officially consider it. The House and Senate must separately confirm Supreme Court nominees within 60 days of submission, while the Senate has a 90-day window to confirm other judicial nominees. Missing those deadlines forces the governor to submit alternative names.

Senate President Valarie Lawson outlined the calendar in an October 21 email to senators, anticipating the incoming appointments. The full 38-member Senate is set to convene on November 5 to formally receive the nominations and refer them to the Judiciary Committee, which has scheduled hearings for November 17 and 18. Final consideration by the Senate is slated for December 1, with a secondary session booked for December 2 if necessary.

While all 38 members of the Senate face reelection this cycle, nine members of the House chose not to seek another term in their chamber. Lawmakers last held a post-summer lame-duck session in December 2020 at Rhode Island College, driven by pandemic demands to pass a state budget and vet judicial nominees like Supreme Court justices Melissa Long and Erin Lynch Prata.