Administrative Order Establishing Uniform Rotating Court Appointment Panels and Certification Standards

Introduction

On April 4, 2025, the Rhode Island Supreme Court issued Executive Order No. 2025-02 under G.L. 1956 § 8-15-2, directing all trial and appellate courts in the state to implement standardized, rotating panels of qualified attorneys for indigent defense and certain civil matters. The Order responds to concerns about equitable distribution of appointments, consistent quality of representation, efficient payment, and continuity across court levels. Key actors include the Chief Justice, Presiding Justices, Chief Judges, the Administrative Office of State Courts (AOSC), the Public Defender’s Office, the Court Appointed Special Advocate (CASA) program, and every certified panel attorney.

The principal issues addressed are:

How to structure and administer a statewide rotating list of court-appointed counsel;
Certification and recertification criteria to ensure attorney qualifications and continued education;
Procedures for appointments, deviations from rotation, and continuity when cases transfer between courts;
Standardized fee schedules, expense thresholds, and payment protocols;
Coordination with bar associations for specialized continuing legal education (CLE).

Summary of the Judgment

The Supreme Court exercised its administrative authority to issue an Executive Order requiring:

All courts (Supreme, Superior, Family, District, Workers’ Compensation) to maintain a monitored, rotating panel of qualified attorneys for court appointments;
Use of the AOSC’s case management system for tracking panels, appointments, and certification status;
Strict certification/recertification standards based on bar membership, experience, malpractice insurance, bonding where appropriate, and CLE hours tailored to panel type;
Limited, documented deviations from rotation only for conflict of interest, specialized expertise, emergency needs, or where time and expense economies justify it;
Procedures to ensure continuity when cases move from District to Superior Court and throughout Family Court adjudications;
A uniform fee schedule with defined hourly rates, flat daily fees for specialized calendars, expense caps, and built-in approval thresholds;
Annual recertification by August 31, with oversight by the Office of Disciplinary Counsel and final review by each court’s Chief Justice or Chief Judge;
Strict deadlines for attorneys to accept appointments and to submit payment requests via the online portal, or risk forfeiture of fees.

The Order supersedes all prior executive orders on court appointment panels dating back to 1995, consolidating and updating procedural and substantive requirements.

Analysis

Precedents Cited

Statutory authority underpins the Order:

G.L. 1956 § 8-15-2 grants the Chief Justice administrative power to manage court business and ensure public interest in fair representation.
G.L. 1956 § 12-12-1.1–1.2 defines “capital offense,” “life offense,” and “less than capital or life offense,” guiding panel classifications for indigent defense.

The Order also expressly repeals and replaces a series of previous Supreme Court Executive Orders (2000–2023) that had separately addressed indigent defense panels, civil appointments, and fee structures.

Legal Reasoning

The Court’s rationale blends constitutional, statutory, and administrative considerations:

Sixth Amendment and Gideon v. Wainwright principles demand competent counsel for indigent defendants. A rotating panel with clear qualifications and oversight safeguards that guarantee.
The judiciary’s inherent power to organize its internal operations permits a uniform, centralized approach across all trial levels, promoting fairness and efficiency.
Certification and recertification requirements (bar standing, malpractice insurance, bonding, experience thresholds, tailored CLE) ensure baseline competence and ongoing skill development in specialized fields.
Rotational assignment, with narrowly tailored exceptions, distributes workload equitably among panel attorneys and minimizes perceptions of favoritism.
Fee caps and approval thresholds allow the judiciary to control costs, while accommodating extraordinary expenses through defined motion procedures.

Impact

The Order will have significant effects on multiple fronts:

Indigent Defendants: more predictable, equitable access to counsel; reduced delays in appointment; continuity when cases transfer among courts.
Private Attorneys: clear, consistent pathways to panel membership; annual recertification deadlines; targeted CLE opportunities; transparent fee and expense schemes.
Judiciary Administration: centralized oversight via the AOSC’s case management system; streamlined appointment and payment workflows; clearer audit trails for accountability.
Bar Associations and CLE Providers: incentive to develop specialized training in criminal procedure, family law, civil litigation, workers’ compensation, and appellate practice aligned with panel requirements.
Budgetary and Policy Planning: data from standardized panels will inform resource allocation, highlight training gaps, and guide future reforms in indigent defense funding.

Complex Concepts Simplified

Rotating Panel: Attorneys are placed on a list and appointments occur in strict sequence, cycling through the list so that assignments are distributed evenly.
Certification/Recertification: A process by which attorneys prove they meet minimum standards (experience, insurance, bonding, CLE) and renew that status every three years.
Threshold Fee: A maximum cumulative fee or expense amount that an attorney may bill without obtaining special court approval. Above that threshold, a motion to exceed must be filed.
Written Certification of Conflict: A formal statement by the Public Defender’s Office or CASA that they cannot represent a person due to indigence or conflict, triggering private appointment.
Continuity of Representation: The same court-appointed attorney follows a case when it moves from one court level to another, avoiding disruptions in counsel-client relationship.
AOSC Case Management System: A digital platform where attorney panels are maintained, appointments are recorded, and certification status is tracked statewide.

Conclusion

Executive Order No. 2025-02 marks a watershed in Rhode Island’s administration of court-appointed counsel. By standardizing rotating panels, establishing robust certification and recertification criteria, detailing appointment procedures, and prescribing uniform fee and expense rules, the Supreme Court has created a transparent, equitable, and efficient framework. This unified approach replaces decades of piecemeal orders and sets a clear precedent for how courts can leverage administrative authority to safeguard indigent defense rights, promote professional competence, and steward public funds responsibly. Future cases and administrative reforms will build on this model to further enhance access to justice across all Rhode Island jurisdictions.