The man who once presided over the Rhode Island Senate will now oversee the operations of the state’s Superior Court network.
The Senate on April 2 voted 36-0 to confirm Associate Superior Court Justice Joseph Montalbano as presiding justice of the state’s top trial court, filling the vacancy created after Alice B. Gibney retired last October following more than four decades serving in Rhode Island’s court network.
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He will be sworn in Monday by Gov. Daniel J. McKee Monday.
In the $226,123-a-year-post, Montalbano will oversee some 165 staff members, including clerks and stenographers, as well as assigning judges to specialty calendars and selecting the jury commissioner.
“The presiding justice is not only tasked with deciding cases, but with leading an institution, managing budgets, court staff, supporting fellow judges, and ensuring that justice is administered fairly, efficiently, and with integrity across the state,” Sen. Matthew LaMountain, a Warwick Democrat who chairs the Senate Committee on Judiciary, said when making the motion to approve Montalbano’s nomination. “Associate Justice Montobano is exceptionally well prepared to meet that responsibility.”
Montalbano, a North Providence Democrat, was first elected to the Rhode Island Senate in 1988, where he led the chamber from 2004 through the end of the 2008 legislative session. He has served as a Superior Court judge since his 2013 appointment by then-Gov. Lincoln Chafee.
Before his Superior Court appointment, Montalbano maintained a longstanding legal practice while also representing North Providence in the Rhode Island Senate. From 1997 to 2011, Montalbano was chief judge of North Providence Municipal Court. He then spent two years as a magistrate for the state’s District Court in Providence, his resume notes.
LaMountain praised Montalbano for his thoughtful, measured and fair approach to the law during his years as magistrate and Superior Court judge.
“The dignity, respect, and courtesy, which he treats everyone, that appears before us and in his courtroom, provides a model for all judicial appointees,” LaMountain said.
Montalbano received similar accolades from lawmakers and judges during his vetting by the Senate Committee on Judiciary on Tuesday, which unanimously voted to advance his nomination by Gov. Dan McKee to the full chamber.
LaMountain used Montalbano’s introduction to push back on criticism of former state lawmakers joining Rhode Island’s judiciary. Recent appointments, notably former Senate Majority Leader Michael McCaffrey’s confirmation to the District Court in a 27–8 vote on Feb. 5, have drawn concern from progressive groups and some legislators.
“Former legislators bring something uniquely valuable to the bench: A deep understanding of statutory construction, legislative intent, and the real world impact of the laws we pass,” LaMountain said. “They understand not just what the law says, but why it says what it says.”
Democrats Sam Bell of Providence and Bridget Valverde of North Kingstown were not present for the vote.
Christopher Shea is a staff writer for the Rhode island Current.
