Rhode Island could get its first openly gay justice on the state’s high court

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If Rhode Island Governor Gina Raimondo chooses to nominate appellate litigator John E. Roberts to the state’s Supreme Court, he could be the first openly gay justice to serve on the state’s highest court. He would also be the second openly gay judge in any court in Rhode Island, according to the Providence Journal.

John E. Roberts

Roberts been chosen as one of nine candidates to be considered during public hearings on September 30, the Journal reports. Following a round of interviews on October 7, three to five of these candidates will be chosen for the governor to consider for her nomination.

Reports the Journal:

There are only 11 openly gay, lesbian or bisexual Supreme Court justices in 10 states nationwide, according to Ethan Rice, senior attorney for the Fair Courts Project at Lambda Legal.

Massachusetts, Connecticut, Vermont and New York have all seated a gay, lesbian or bisexual justice on their high courts.

“Like all kinds of judicial diversity … public confidence is one of the most important reasons for judicial diversity,” Rice said, referring to race, gender and varying professional backgrounds. …

Different voices and perspectives equal richer, more thoughtful decisions and discussions, Rice said….

[Roberts], a partner with the Boston firm Proskauer Rose LLP, is a member of the Rhode Island Bar Association’s Lesbian, Gay, Bisexual and Transgender Legal Issues Committee.

Though a lesser-known candidate than some of the big names also vying for the coveted Supreme Court seat, Roberts has argued complex civil appeals in appellate courts across the nation and has twice represented parties at the U.S. Supreme Court, according to his profile.

He started his career in journalism at WRNI, Rhode Island’s first National Public Radio-affiliated radio station, and went on to help launch NPR’s On Point news program.

He graduated from NYU law in 2008 and returned to Rhode Island to clerk for 1st U.S. Circuit Court of Appeals Senior Judge Bruce Selya in 2011.

Selya recalled that Roberts’ background in journalism piqued his interest and prompted him to bring him in for an interview among some 800-plus applications.

“He is extremely bright, hard working, has an ability to think out of a box and all in all was a superb clerk,” Selya said.

Roberts reached out to him about applying for the Supreme Court seat. They discussed the “political realities” in play, Selya said.

“It didn’t seem to daunt him,” Selya said. “I know if lightning should strike … he’d be terrific.” Selya observed that there were other strong candidates on the list as well.

“I sense that he is a person who for all the right reasons would like to do public service,” Selya said.

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