RI Senate begins judicial nominations process. House hearing on McKee’s Supreme Court pick pending

The Rhode Island Senate returned Thursday for a rare fall session to begin the advice and consent process for eight magistrate nominations and formally read in Gov. Dan McKee’s nominee to the state’s Supreme Court.

“As we convene in the Senate chamber, let us once again contemplate our reason for being here,” Sen. John Burke, a West Warwick Democrat, said during the opening invocation of the six-minute floor session.

Return of the lame-duck session with RI General Assembly set to reconvene after November election

McKee in August selected Superior Court Judge Luis Matos to fill the vacancy created by Justice Maureen McKenna Goldberg’s retirement in the spring. But Matos’ official paperwork was not transmitted to the House and Senate until Wednesday, Nov. 4, which triggers a 60-day window for lawmakers in both chambers to act.

“Judge Matos brings extensive judicial experience and a vast record of service to the bench, and the governor looks forward to his nomination moving into the advice and consent process,” Olivia DaRocha, a spokesperson for McKee’s office, wrote in a statement announcing the submission. 

The 62-year-old Providence resident, who immigrated from Portugal in 1969, has served on the Superior Court since 2012. A former federal prosecutor in Rhode Island and Delaware, Matos has extensive experience prosecuting health care fraud, white collar crime and public corruption cases, according to his resume. 

Since 2020, he has served on the Judiciary’s Committee on Racial and Ethnic Fairness in the Courts, helping improve internal policies and public outreach to promote fairness in the judicial system.

McKee repeatedly praised Matos as the “most qualified” of the five applicants he interviewed when he announced his judicial selection Aug. 12. The shortlist also included former House Speaker K. Joseph Shekarchi, who will vote on Matos’ confirmation should the nomination reach the House floor.

State law requires a seven-calendar-day waiting period before lawmakers can begin considering a Supreme Court nomination. The Senate Committee on Judiciary has hearings for all potential judicial picks planned for Nov. 17 and 18, chamber spokesperson Greg Paré confirmed in a text message to Rhode Island Current.

Sen. Matthew LaMountain, a Warwick Democrat who chairs the judiciary panel, declined to say when the committee would consider Matos’ nomination. “I’ll defer to the House,” he said in an interview after the Senate went into recess. “Historically they go first in the process”

The House Committee on Judiciary has yet to schedule a hearing on Matos’ nomination as of Thursday.

Rep. Carol Hagan McEntee, a South Kingstown Democrat who chairs the House Judiciary Committee, said she expects one to take place within the next month but noted a final date is still being worked on with House leadership.

“We haven’t got anything definite yet,” McEntee said in a phone interview.

The House has yet to schedule a Judiciary Committee hearing on Matos’ nomination. Rep. Carol Hagan McEntee, a South Kingstown Democrat who chairs the committee, said she expects a hearing within the next month, though a final date is still being worked out with House leadership.

“We haven’t got anything definite yet,” McEntee said in a phone interview Thursday.

For now, the Senate will proceed with the five magistrate nominations before it.

Superior Court Presiding Justice Joseph A. Montalbano on Oct. 23 recommended Timothy G. Healy and Kara Hoopis Manosh for magistrate positions in the state’s highest trial court, subject to Senate advice and consent. All Rhode Island magistrates serve 10-year terms, unlike judges, who receive lifetime appointments.

Also before the Senate are Robert A. Ragosta and Therese M. Picard, whom Family Court Chief Judge Michael Forte recommended for magistrate appointments in August. 

The Senate is also expected to consider the reappointment of Traffic Tribunal Magistrate Erika Kruse Weller, recommended by the Supreme Court in January, along with David Lapatin, Eric A. Batista and Nicole McCarty — each of whom were nominated at the end of October.

Beyond those appointments, McKee has several other judicial vacancies to fill.

The governor has yet to announce his selections for two Superior Court vacancies from a pool of eight candidates recommended by the Judicial Nominating Commission on Aug. 12. The openings arose when Montalbano became presiding justice and Jeffrey Lanphear retired.

McKee is also considering five candidates recommended Friday by the Judicial Nominating Commission for District Court chief judge. The vacancy was created by the Oct. 9 retirement of Jeanne E. LaFazia, who stepped down after 16 years on the bench.

McKee’s office did not immediately respond to a request for comment on his remaining judicial selections.