Should magistrates oversee contested divorce cases? Why Common Cause RI is objecting.

This article originally appeared in the Providence Journal on February 5, 2024 and was written by Katie Mulvaney.  

Family Court Chief Judge Michael B. Forte wants magistrates to perform the same duties as judges and preside over and decide contested divorce cases, some of the most emotionally draining matters the court hears.

But Common Cause Rhode Island argues that if magistrates are going to perform the same role as judges, they should be subject to the same selection process and be vetted by the Judicial Nominating Commission.

“If Family Court magistrates are allowed to conduct trials, they should be chosen in the same manner that Family Court judges are selected – through the Merit Selection process. The Court cannot have it both ways – arguing that magistrates should be selected in a different manner from judges but granting those magistrates the same powers as judges,” John Marion, executive director of the good-government group, wrote to the House Committee on the Judiciary.

To read the full article, click here.