Ocean State Today

Governor Dan McKee allowed a bill to become law without his signature yesterday, granting magistrates in the Rhode Island Family Court statutory authority to conduct trials in contested divorce cases (H 7271 and S 2226). Common Cause Rhode Island had urged Governor McKee to veto the legislation.

In 1994, Common Cause Rhode Island was among several organizations that successfully advocated for a constitutional amendment requiring all Rhode Island judges to be appointed through a “merit selection” process. This amendment established a Judicial Nominating Commission that interviews and takes testimony on applicants for judicial vacancies, then publicly votes to send a list of three to five candidates to the governor for selection.

Following the passage of the 1994 constitutional amendment, the General Assembly significantly expanded the number of judicial magistrates who are not subject to the “merit selection” process but are chosen through various less transparent methods. More than 20 magistrates across different courts have wielded limited judicial powers, excluding the ability to conduct trials.

“We are disappointed that Family Court magistrates now have the power to conduct trials,” said John Marion, executive director of Common Cause Rhode Island. “This subverts the will of the voters who spoke loudly and clearly three decades ago when they insisted that judges be selected using the transparent merit selection process. If Family Court magistrates are going to conduct trials like judges, they should be chosen using the same transparent process.”

In 2025, Common Cause Rhode Island plans to introduce legislation requiring that judicial magistrates be selected through the merit selection process.

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