BishopAccountability.org
	Field Narrowed for R.I. High Court Post By Tracy Breton Providence Journal November 18, 2009 http://www.projo.com/news/courts/content/JNC_SUPREME_COURT_VOTE_11-18-09_12GGAL4_v9.3988524.html PROVIDENCE — The Judicial Nominating Commission on Tuesday night chose two Superior Court judges and three lawyers to recommend to Governor Carcieri for consideration to be an associate justice on the Rhode Island Supreme Court, a seat that became open when Paul A. Suttell became chief justice in July. After two rounds of voting, Commission Chairman Herbert J. Brennan announced that the names of five of the six candidates interviewed would be sent to the governor: Superior Court Judges Judith Colenback Savage and Gilbert V. Indeglia and lawyers John A. "Terry" MacFadyen III, Samuel D. Zurier and Sandra A. Lanni. Family Court Judge Laureen D'Ambra did not make the cut. The eight commissioners who voted — one commissioner, Jeffrey M. Grybowski, recused himself from participating in the process — cast their ballots after hearing 1 hour and 45 minutes of testimony from a raft of witnesses who'd been asked by the candidates to speak in their favor — as well as from a few people who offered their opinions on their own. The only negative comment came from a survivor of clergy sexual abuse, Mary Ryan, who said that while she commended D'Ambra for the service she's performed for the state, she questioned her ties to the Catholic Church in Rhode Island. D'Ambra has served on the Diocesan Finance Council since 2006 and, for the past seven years, on the Diocese of Providence Bishop's Review Board for Child Protection, according to her resumé. "My concern for her is that I think she'd have difficulty separating herself from her religious views," Ryan said. Brennan pronounced all of the six candidates stellar and said the commission wished it could "bend the rule and send six names forward." Under Rhode Island law, the commission could have chosen three, four or five candidates to recommend to Carcieri. Therefore, each commissioner could vote for only up to five of the six candidates. Brennan called winnowing down the field "an impossible task." Savage was the only candidate to receive unanimous votes in both rounds of voting. In the first round, Savage got eight votes; Indeglia and MacFadyen each got seven; Zurier and Lanni got five each and D'Ambra, four. In the second round, which was necessary since no one got fewer than four votes, Savage and MacFadyen each got eight; Indeglia, seven; Zurier, six; Lanni, five and D'Ambra, two. The votes of the commissioners are public. Those who voted were Brennan, C. June Tow, Solomon A. Solomon, D. Faye Sanders and lawyers Norman L. Landroche Jr., Robert Silva, Dennis M. Coleman and Mirlen A. Martinez Mal. The voting sheets show that in the final round of balloting, Indeglia got support from everyone except Brennan; Zurier, from everyone but Tow and Landroche; and Lanni, from all but Silva, Landroche and Sanders. The only two commissioners to vote for D'Ambra were Brennan and Tow. Among those testifying last night were former Supreme Court Justice Robert Flanders who praised Zurier's "intellectual firepower," courageous nature, collegiality, but willingness not to go along with the crowd if he disagrees. "He's the kind of person who will add tremendous stature to the court," Flanders said. Superior Court Judge Susan McGuirl called Savage "the smartest judge on our court." Ryan, whose support was unsolicited, praised Savage as a compassionate jurist who was very helpful to her as a pro-se litigant. Veteran lawyers Peter DiBiase and John Tarantino lauded MacFadyen as a humble, kind, brilliant appellate lawyer with "a very keen sense of fair play." He has always treated indigent clients the same as wealthy ones, said DiBiase. Tarantino called MacFadyen the smartest lawyer he has ever met and "the finest lawyer we have in this state." Lanni's former law partner, Michael St. Pierre, called her "fiercely independent" but someone who works collaboratively and very hard. Indeglia was praised by Ariele Yaffee, a law school student who interned with him, for his openness and dedication to the fair application of the law. The Supreme Court is currently hearing cases with just four justices, but it is unclear when Carcieri will make his selection. The governor's nominee must be confirmed by both the House and the Senate. Contact: tbreton@projo.com
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.