McKee nominates Superior Court Associate Justice Luis Matos to Supreme Court

“I know his record of his decisions has been impeccable,” McKee said of Matos, speaking to reporters at a noon State House press conference called less than one hour beforehand. “There’s a certain sense of camaraderie between me and the judge. We both grew up in boys clubs, we rubbed elbows with every walk of life. I feel as if I know the judge in this sense.”

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 in Delaware, he has extensive experience prosecuting health care fraud, white collar crime and public corruption cases, according to his resume. Since its creation in 2020, Matos has served on the Judiciary’s Committee on Racial and Ethnic Fairness in the Courts, helping improve internal policies and public outreach on a fair judicial system. 

McKee repeatedly praised Matos as the “most qualified” of five applicants, though the governor acknowledged that all five contenders met the criteria for the lifetime appointment to the bench.

Yet McKee sidestepped repeated questions from reporters regarding the still-unresolved ethical questions hanging over Shekarchi – which, ironically, now sit before the Supreme Court.

“I’m not on the courts,” McKee said. “The court establishes the law.”

Shekarchi, a Warwick Democrat and land use attorney, applied for the Supreme Court vacancy in May, three days after he stepped down as House Speaker. His bid for the bench prompted instantaneous scrutiny over the ethical implications of leaping from the most powerful position in the legislature to another top spot in a different branch of state government. 

Roger Williams University School of Law Professor Michael Yelnosky, who filed the complaint against Shekarchi, pointed to a clause in the state ethics code that prevents sitting legislators from seeking or taking a job with any state agency for at least one year after leaving elected office. Shekarchi and his attorneys pointed to the exemption in the “revolving door” clause specific for constitutional office — reasoning that the state’s highest court was such an office. A Rhode Island Superior Court judge upheld Shekarchi’s right to apply as within the bounds of state ethics law, but the Rhode Island Ethics Commission has appealed the ruling.

The battle has now landed, ironically, before the state’s highest court. with the Rhode Island Ethics Commission appealing a Superior Court judge’s ruling to allow Shekarchi’s application to advance. The July 27 decision by Superior Court Judge Richard Licht did not prevent the ethics panel from conducting its investigation into Shekarchi, but put the probe on pause ahead of a final court judgment. Court records show the Ethics Commission submitted its notice of appeal to the Supreme Court Tuesday, following a 4-1 vote among commission members to challenge Licht’s decision.

Meanwhile, a separate appointed panel of legal experts reviewed and took public comments on all five applicants, including Shekarchi. Ultimately the Judicial Nominating Commission advanced all five applicants to McKee for consideration — thoughShekarchi and his fellow applicants were still being scrutinized by the Judicial Nominating Commission rather than winnowing the field. But, Shekarchi was the sole applicant to not receive unanimous support from the nominating commission, with two of nine panelists opposed. 

Controversy intensified after it was revealed that four of the seven commissioners who voted to advance Shekarchi’s application also donated to his legislative campaigns, yet failed to disclose their financial support for the longtime legislator prior to the vote. The donations were first reported by GoLocal Prov. 

Matos declined to weigh in on the controversy, proclaiming it would be inappropriate for him to take a stand on any matter pending before the court he may soon join. McKee called on lawmakers to hold a special legislative session before the traditional early January start in order to confirm Matos’ nomination.

House Speaker Christopher Blazejewski and Senate President Valarie Lawson said in a joint statement that they will consider the choice after the Nov. 3 general election.

“We informed the Governor of our shared goal of taking the politics as much as possible out of what has become an overly politicized Supreme Court nomination process,” they said. “We do not believe it is appropriate or prudent for consideration of any nominee, regardless of who it is, to begin until after that date.”

McKee, in contrast, openly acknowledged his looming primary challenge against 

rival Helena Buonanno Foulkes as reason for the timing of his decision — just seven hours before his first televised debate against Foulkes.

“The public is very interested in this issue,” McKee said. “They should know where I stand before they decide this election.”

Ethics Commission to appeal decision that allowed former Speaker to seek Supreme Court seat

Clarity is also the goal of good government advocates and legal experts, who maintain that a Supreme Court review of the appeal on Shekarchi’s ethics case is still of value, even without his advancement as a nominee.

Yelnosky called it a “live controversy,” noting that Licht’s opinion opens new uncertainties into ethical implications on transitions from elected office to all Rhode Island courts. Matos’ nomination, if confirmed, will set off the appointment process anew for his spot on the Superior Court.

John Marion, executive director for Common Cause Rhode Island agreed.

“If taken to its logical conclusion, Licht’s [decision] can be read that no qualifications of any type – including the requirement that someone be an attorney – can be put on the governor’s power to appoint judges,” Marion said in an emailed statement. “We believe that is both incorrect and harmful.”

Jason Gramitt, executive director for the Rhode Island Ethics Commission, confirmed via email that the panel intends to pursue its appeal.

“The last few months have shown us that this is a significant issue of great public concern, likely to repeat itself,” Gramitt said. “Therefore, it is appropriate and necessary to continue the appeal to bring the matter to our highest court for a final resolution.”

Reached by phone Wednesday, Shekarchi declined to comment on the pending court case.

“I want to congratulate Judge Matos on his nomination by the Governor,” Shekarchi said. “I also want to thank everyone who supported my candidacy for the Supreme Court. 

McKee acknowledged that he spoken with Matos Wednesday morning before the press conference but that members of his legal team contacted the other candidates to deliver the news of his decision.

“I did not speak to the speaker today,” McKee said.

The three other applicants on the list submitted to the governor by the Judicial Nominating Commission were Christopher Bush, an assistant attorney general; Laureen D’Ambra, a Family Court judge; and John E. Roberts, an attorney who is a partner with the Boston firm Proskauer Rose LLC.

The lifetime appointment to the court, with a $228,325-a-year salary, fills the vacancy created by the March retirement of Rhode Island Supreme Court Associate Justice Maureen McKenna Goldberg. 

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