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2013 -- S 0486 | |
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LC01617 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - TRAFFIC TRIBUNAL | |
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Introduced By: Senators McCaffrey, and Lynch | |
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Date Introduced: February 28, 2013 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 8-8.2-1 of the General Laws in Chapter 8-8.2 entitled "Traffic |
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Tribunal" is hereby amended to read as follows: |
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8-8.2-1. Establishment -- Rule-making authority -- Adjudication of violations. -- (a) |
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There is hereby established a traffic tribunal which shall be charged with the administration and |
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adjudication of traffic violations within its jurisdiction. The traffic tribunal shall be under the |
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supervision of the chief magistrate of the traffic tribunal, who shall be the administrative head of |
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the traffic tribunal and shall have the power to make rules for regulating practice, procedure and |
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business within the traffic tribunal. Pursuant to section 8-6-2, said rules shall be subject to the |
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approval of the supreme court. Such rules, when effective, shall supersede any statutory |
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regulation in conflict therewith. Any person who has been a member of the bar of Rhode Island |
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may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic |
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tribunal shall be appointed by the chief justice of the supreme court, with the advice and consent |
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of the senate, for a period of ten (10) years and until a successor is appointed and qualified. |
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Nothing contained herein shall be construed to prohibit the reappointment of the chief magistrate |
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for one or more ten (10) year terms subject to the advice and consent of the senate. Compensation |
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for the chief magistrate shall be equal to that of an associate judge of the district court. |
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(b) The judges and magistrates of the traffic tribunal shall hear and determine cases as |
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provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be |
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assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The |
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chief magistrate of the traffic tribunal may assign a judge or magistrate who is authorized to hear |
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and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic |
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tribunal and the administrative judge or magistrate shall perform such administrative duties as |
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may be delegated to him or her by the chief magistrate. Once assigned to the position, the |
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administrative judge or magistrate shall hold said administrative position for the remainder of his |
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or her respective term as a judge or magistrate of the traffic tribunal. |
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(c) (1) Those judges of the administrative adjudication court in active service on July 1, |
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1999 shall serve within the traffic tribunal. Whenever the total number of judges and magistrates |
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in the traffic tribunal exclusive of the chief magistrate shall be less than seven (7), the chief |
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justice of the supreme court, with the advice and consent of the senate, may, as needed, assign a |
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duly qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall |
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submit his or her name to the senate for confirmation. In the event of a vacancy in the position of |
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chief magistrate, the chief justice of the supreme court shall appoint a successor in accordance |
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with subsection 8-8.2-1(a). Any magistrate assigned under this section shall serve a term of ten |
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(10) years and until a successor is appointed and qualified, and shall be in the unclassified service |
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of the state. Nothing herein shall be construed to prohibit the assignment of a magistrate to more |
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than one such term, subject to the advice and consent of the senate. Compensation for any such |
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magistrate shall |
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than that of an associate judge of the district court. Magistrates of the traffic tribunal shall |
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participate in the state retirement system in the same manner as all members of the unclassified |
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service. |
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(2) If any judge of the traffic tribunal shall retire, or a vacancy becomes available |
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through death, disability or any other reason, the position shall be filled by a magistrate consistent |
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with the provisions of this section. |
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(d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her |
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judicial duties, except as may be otherwise provided by law. He or she shall not practice law |
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while holding office, nor shall he or she be a partner or associate of any person in the practice of |
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law. |
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(e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I. |
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Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme |
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court of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in |
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accordance with chapter 16 of this title; and to the administrative authority and control of the |
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chief justice of the supreme court in accordance with chapter 15 of this title, except that sections |
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8-15-3 and 8-15-3.1 shall not apply to judges of the traffic tribunal. |
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(f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words |
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and devices as it shall adopt. |
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(g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths |
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and affirmations. |
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(h) Administrative/supervisory officials. |
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(1) There shall be an assistant to the administrative magistrate of the traffic tribunal who |
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shall be appointed by and serve at the pleasure of the chief magistrate and who shall perform such |
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clerical and administrative duties as may be assigned to him or her by the chief magistrate of the |
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traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The assistant to |
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the administrative judge or magistrate shall have the power to administer oaths and affirmations |
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within the state. |
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(2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at |
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the pleasure of the chief magistrate of the traffic tribunal; provided, however, that, effective July |
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1, 1999, the first clerk of the traffic tribunal shall be that person holding the position of |
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administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person |
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shall hold office for the balance of a term of twelve (12) years which began on September 1, |
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1992, without the necessity of appointment by the governor or advice and consent of the senate. |
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The clerk of the traffic tribunal shall exercise his or her functions under the direction and control |
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of the chief magistrate of the traffic tribunal and the administrative judge or magistrate of the |
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traffic tribunal. The clerk of the traffic tribunal shall have the power to administer oaths and |
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affirmations within the state. |
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(i) Clerical Personnel/Court Recorders. |
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(1) The chief magistrate of the traffic tribunal shall appoint deputy clerks and assistance |
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clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer oaths |
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and affirmations within the state. |
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(2) The chief magistrate of the traffic tribunal shall appoint sufficient court recorders to |
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enable all proceedings to be recorded by electronic means and who shall assist in such other |
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clerical duties as may be prescribed from time to time by the chief magistrate of the traffic |
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tribunal. |
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(3) The chief magistrate of the traffic tribunal shall employ such clerical assistants in |
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addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties. |
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SECTION 2. This act shall take effect upon passage. |
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LC01617 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - TRAFFIC TRIBUNAL | |
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This act would change the manner in which the compensation of magistrates of the traffic |
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tribunal is determined. |
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This act would take effect upon passage. |
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LC01617 | |
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