2014 -- S 2375

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LC003352

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS

     Introduced By: Senators Hodgson, Lombardi, Archambault, and E O`Neill

     Date Introduced: February 12, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 8-2-11.1, 8-2-39, 8-2-39.1 and 8-2-39.2 of the General Laws in

Chapter 8-2 entitled "Superior Court" are hereby amended to read as follows:

     8-2-11.1. Administrator/magistrate. -- (a) Any person holding the position of

administrative clerk in the superior court who is a member of the bar of Rhode Island may be

appointed nominated administrator/magistrate for a term of ten (10) years and until a successor is

appointed and qualified, by the presiding justice, governor, on the basis of merit, from a list

submitted by the judicial nominating commission, with the advice and consent of the senate, in

his or her capacity as administrative judge. Nothing herein shall be construed to prohibit the

assignment renomination of an administrator/magistrate to more than one such term, subject to

the advice and consent of the senate. Any magistrate in service as of January 1, 2008 who serves

at the pleasure of the presiding justice of the superior court may be appointed for a term of ten

(10) years with the advice and consent of the senate and until a successor is appointed and

qualified.

      (b) (1) The administrator/magistrate shall have the power to hear and determine such

matters as may be assigned to the administrator/magistrate by the presiding justice all to the same

effect as if done by a justice of the superior court.

      (2) Without limiting the generality of the foregoing powers and authority, the

administrator/magistrate is authorized and empowered to hear and determine motions in civil and

criminal proceedings, formal and special causes, to conduct arraignments, to grant or deny bail, to

accept pleas of not guilty, guilty, or nolo contendere, and to impose sentence on a plea of guilty

or nolo contendere, all to the same effect as if done by a justice of the superior court.

      (c) The administrator/magistrate may be authorized:

      (1) To regulate all proceedings before him or her;

      (2) To do all acts and take all measures necessary or proper for the efficient performance

of his or her duties;

      (3) To require the production before him or her of books, papers, vouchers, documents,

and writings;

      (4) To rule upon the admissibility of evidence;

      (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to

examine them, and to call parties to the proceeding and examine them upon oath;

      (6) To adjudicate a person in contempt and to order him or her imprisoned for not more

than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in

response to a summons or for refusal to answer questions or produce evidence or for behavior

disrupting a proceeding;

      (7) To adjudicate a party in contempt and to order him or her imprisoned for not more

than seventy-two (72) hours, pending review by a justice of the court, for failure to comply with a

pending order to provide payment or to perform any other act; and

      (8) To issue a capias and/or body attachment upon the failure of a party or witness to

appear after having been properly served and, should the court not be in session, the person

apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode

Island training school for youth, if a child, until the next session of the court.

      (d) A party aggrieved by an order entered by the administrator/magistrate shall be

entitled to a review of the order by a justice of the superior court. Unless otherwise provided in

the rules of procedure of the court, the review shall be on the record and appellate in nature. The

court shall, by rules of procedure, establish procedures for review of orders entered by the

administrator/magistrate, and for enforcement of contempt adjudications of the

administrator/magistrate.

      (e) Final orders of the superior court entered in a proceeding to review an order of the

administrator/magistrate may be appealed to the supreme court.

      (f) The administrator/magistrate shall be:

      (1) Governed by the commission on judicial tenure and discipline, chapter 16, of this

title, in the same manner as justices and judges;

      (2) Subject to all provisions of the canons of judicial ethics;

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      (3) Subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

     8-2-39. General magistrate -- Appointment, duties and powers. -- (a) There is hereby

created within the superior court the position of general magistrate who shall be appointed

nominated by the presiding justice of the superior court, governor, on the basis of merit, from a

list submitted by the judicial nominating commission, with the advice and consent of the senate,

for a term of ten (10) years and until a successor is appointed and qualified. Nothing herein shall

be construed to prohibit the assignment of the general magistrate to more than one such term,

subject to the advice and consent of the senate. The person appointed to serve as general

magistrate shall be a member of the bar of Rhode Island. The powers and duties of the general

magistrate shall be prescribed in the order appointing him or her.

      (b) (1) The general magistrate shall assist the court in:

      (i) The determination of, monitoring, collection, and payment of restitution and court

ordered fines, fees, and costs or the ordering of community service in lieu of or in addition to the

payment of restitution, fines, fees, and costs, consistent with other provisions of the general laws;

      (ii) The determination and payment of claims under the violent crimes indemnity fund

for the Criminal Injuries Compensation Act of 1972, chapter 25 of title 12;

      (iii) The determination and payment of claims from the Criminal Royalties Distribution

Act of 1983, chapter 25.1 of title 12; and

      (iv) Such other matters as the presiding justice of the superior court determines are

necessary.

      (2) The chief justice of the supreme court, with the consent of the presiding justice and,

if applicable, the chief judge of a particular court, may assign the general magistrate to serve as a

magistrate in any court of the unified system. When the general magistrate is so assigned he or

she shall be vested, authorized, and empowered with all the powers belonging to the magistrate

position to which he or she is specially assigned.

      (c) The general magistrate will be empowered to hear all motions, pretrial conferences,

arraignments, probable cause hearings, bail hearings, bail and probation revocation hearings, and

to review all such matters including, but not limited to the above, and to modify the terms and

conditions of probation and other court-ordered monetary payments including, but not limited to,

the extension of time for probation and court-ordered monetary payments as provided by law.

The general magistrate shall have the power to take testimony in connection with all matters set

forth herein.

      (d) The general magistrate may be authorized:

      (1) To regulate all proceedings before him or her;

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      (2) To do all acts and take all measures necessary or proper for the efficient performance

of his or her duties;

      (3) To require the production before him or her of books, papers, vouchers, documents,

and writings;

      (4) To rule upon the admissibility of evidence;

      (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to

examine them, and to call parties to the proceeding and examine them upon oath;

      (6) To adjudicate a person in contempt and to order him or her imprisoned for not more

than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to

appear in response to a summons or for refusal to answer questions or produce evidence or for

behavior disrupting a proceeding;

      (7) To adjudicate a party in contempt and to order him or her imprisoned for not more

than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to

comply with a pending order to provide payment or to perform any other act; and

      (8) To issue a capias and/or body attachment upon the failure of a party or witness to

appear after having been properly served and, should the court not be in session, the person

apprehended may be detained at the adult correctional institutions, if an adult, or at the Rhode

Island training school for youth, if a child, until the next session of the court.

      (e) A party aggrieved by an order entered by the general magistrate shall be entitled to a

review of the order by a justice of the relevant court. Unless otherwise provided in the rules of

procedure of the court, such review shall be on the record and appellate in nature. The court shall,

by rules of procedure, establish procedures for review of orders entered by a general magistrate,

and for enforcement of contempt adjudications of a general magistrate.

      (f) Final orders of the superior or family court entered in a proceeding to review an order

of a general magistrate may be appealed to the supreme court. Final orders of the district court

entered in a proceeding to review an order of the general magistrate may be appealed to the

superior court.

      (g) The general magistrate shall:

      (1) Receive all credits and retirement allowances as afforded justices under chapter 3 of

this title and any other applicable law, including without limitation, section 8-3-16;

      (2) Receive a salary equivalent to that of a district court judge;

      (3) Be governed by the commission on judicial tenure and discipline, chapter 16, of this

title, in the same manner as justices and judges;

      (4) Be subject to all provisions of the canons of judicial ethics or code of judicial

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conduct;

      (5) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-

7-2.

      (h) The provisions of this section shall be afforded liberal construction.

      (i) The presiding justice of the superior court shall initially appoint such support staff as

may be necessary, relating to preparation, investigation, and implementation of the general

magistrate’s functions. Effective November 15, 1993, the support staff shall be placed under the

supervision and management of the superior court, and new appointments or personnel changes in

the support staff shall be subject to the directions and approval of the superior court, consistent

with any applicable collective bargaining agreements. The general magistrate shall have the

power and authority to issue subpoenas and to compel the attendance of witnesses at any place

within the state, to administer oaths and to require testimony under oath. The general magistrate,

or his or her designee, may serve his or her process or notices in a manner provided for the

service of process and notice in civil or criminal actions in accordance with the rules of court.

     8-2-39.1. Special magistrate. -- There is hereby created within the superior court the

position of special magistrate, who shall be appointed nominated by the presiding justice of the

superior court, governor, on the basis of merit, from a list submitted by the judicial nominating

commission, with the advice and consent of the senate, for a period of ten (10) years, and until a

successor is appointed and qualified. Nothing contained herein shall be construed to prohibit the

reappointment of a special magistrate for one or more additional ten (10) year terms, subject to

the advice and consent of the senate. The person appointed to serve as special magistrate shall be

a member of the bar of the state of Rhode Island. The special magistrate shall have the duties,

responsibilities, powers and benefits as authorized in section8-2-39.

     8-2-39.2. Drug court magistrate -- Appointment, duties and powers. -- (a) For the

purposes of this chapter:

      (1) "Non-violent" means and includes all charges that are not crimes of violence, the

following being a list of all charges considered to be crimes of violence for the purposes of this

section: murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, first

degree sexual assault, second degree sexual assault, first and second degree child molestation,

assault, assault with intent to murder, assault with intent to rob, assault with intent to commit first

degree sexual assault, entering a dwelling house with intent to commit murder, robbery, or sexual

assault.

      (2) "Drug addicted person" means a person who exhibits a maladaptive pattern of

behavior resulting from drug use, including one or more of the following: impaired control over

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drug use; compulsive use; and/or continued use despite harm, and craving.

      (b) There is hereby created within the superior court the position of Drug Court

Magistrate who shall be appointed nominated by the presiding justice of the superior court

governor, on the basis of merit, from a list submitted by the judicial nominating commission, with

the advice and consent of the senate. The persons appointed to serve as Drug Court Magistrates

shall be members of the bar of Rhode Island. The powers and duties of the Drug Court Magistrate

shall be prescribed in the order appointing him or her in addition to those described herein.

      The Drug Court Magistrate's term shall be ten (10) years and until a successor is

appointed nominated and qualified. Nothing in this article shall prohibit a Drug Court Magistrate

from being reappointed renominated for additional ten (10) year terms by the presiding justice of

the superior court governor, with the advice and consent of the senate. He or she shall receive a

salary equivalent to that received by the special magistrate assigned to the superior court. The

Drug Court Magistrate shall preside over the Adult Drug Court. The Adult Drug Court Program

shall combine the coercive powers of the court with a therapeutic regimen in order to rehabilitate

drug addicted defendants.

      (c) The Drug Court Magistrate shall be empowered to hear and decide as a superior court

justice all matters relating to those adult offenders who come before the jurisdiction of the

superior court on any offense relating to the offender's participation in the Adult Drug Court. In

addition, the Drug Court Magistrate shall have the power to impose a period of incarceration

upon a plea of guilty or nolo contendere, and also have the power to confine any person who has

been found to be in violation of any conditions previously imposed by the superior court.

      (d) The Drug Court Magistrate shall make the final determination as to whether a

defendant is admitted into the program. Individuals meeting the following criteria, shall be

screened by staff working at the office of the attorney general upon the department's own referral,

upon a request by counsel entered on behalf of a defendant; upon request by a judge of the

superior or district court, or, in the case of a person waivable by the family court, by a judge of

that court, or the department of corrections for admittance into the Adult Drug Court:

      (1) The individual is charged with or convicted of an alcohol or drug related offense or

with an appropriate non-violent offense.

      (2) The individual has no pending charges or prior convictions for felony crimes of

violence.

      (3) The individual has no pending charges or prior convictions for delivery of a

controlled substance.

      (4) The defendant is a drug addicted person.

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      (e) All individuals accepted into Drug Court will be bound by a Drug Court contract, as

defined by the Adult Drug Court, which sets forth the court's expectations, the role and

responsibilities of the Drug Court, the conditions imposed upon and the responsibilities of the

defendant, and the treatment plan goals and strategies. If a defendant fails to abide by the Drug

Court conditions and orders, he or she may be terminated from the program by the Drug Court

judge and sentenced as he or she deems appropriate.

      (f) The Drug Court Magistrate shall be empowered to hear and decide as a superior court

justice all matters that may come before the superior court pursuant to chapter 37.1 of title 11

"Sexual Offender Registration and Community Notification."

      (g) The Drug Court Magistrate and/or the presiding justice of the superior court may fix

the venue of any person who is before the superior court as a participant in the Adult Drug Court

or who is alleged to be a sexual predator, and who has filed an objection to community

notification.

      (h) In addition, at the discretion of the presiding justice of the superior court, the drug

court magistrate shall have the duties, responsibilities and powers authorized in subsections 8-2-

39(b), (c) and (d).

      (i) The Drug Court Magistrate shall be governed by the commission on judicial tenure

and discipline, chapter 16 of title 8 in the same manner as justices and judges; shall be subject to

all provisions of the canons of judicial ethics or code of judicial conduct; and shall be subject to

all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

      (j) A party aggrieved by an order entered by the Drug Court Magistrate shall be entitled

to a review of the order by a justice of the superior court. Unless otherwise provided in the rules

of procedure of the court, such review shall be on the record and appellate in nature. The superior

court shall, by rules of procedure, establish procedures for reviews of orders entered by a Drug

Court Magistrate, and for enforcement of contempt adjudications of a Drug Court Magistrate.

     SECTION 2. Sections 8-8-8.1 and 8-8-16.2 of the General Laws in Chapter 8-8 entitled

"District Court" are hereby amended to read as follows:

     8-8-8.1. Administrator/clerk -- Magistrate. -- (a) Administrator/clerk. - There shall be a

district court administrator/clerk who shall be appointed nominated by the chief judge in his or

her capacity as administrative head of the court, and who shall hold office at the pleasure of the

administrative judge. The administrator/clerk shall perform such duties and attend to such matters

as may be assigned to the administrator/clerk by the administrative judge, other than those duties

assigned to the chief clerk in section8-8-19. Said duties may be assigned by the chief judge.

      (b) Magistrate. - Any person holding the position of district court administrator/clerk

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who is a member of the bar of Rhode Island may be appointed nominated district court magistrate

by the chief judge in his or her capacity as administrative head of the court, governor, on the basis

of merit, from a list submitted by the judicial nominating commission, subject to the advice and

consent of the senate. The district court magistrate shall hold said office for a term of ten (10)

years and until a successor is appointed and qualified; and the magistrate shall retain whatever

right he or she may have to the position of district court administrator/clerk pursuant to this

section. Nothing herein shall be construed to prohibit the appointment renomination of the

magistrate for more than one term, subject to the advice and consent of the senate. Any person

holding office of district court magistrate on July 1, 1999 may continue in full authority in said

position until such time as an appointment a nomination is made and the nominee qualified

pursuant to this subsection.

      (c) The district court magistrate shall have the power to hear and determine such matters

as may be assigned to the district court magistrate by the chief judge all to the same effect as if

done by a judge of the district court, including but not limited to:

      (1) Matters relating to the determination of, monitoring, collection, and payment of

restitution and court ordered fines, fees, and costs or the ordering of community service in lieu of

or in addition to the payment of restitution, fines, fees, and costs, consistent with other provisions

of the general laws;

      (2) Arraignments and pretrial motions in misdemeanor, petty misdemeanor, violation,

and ordinance cases and initial appearances and probable cause hearings in felony cases;

      (3) Bail hearings pursuant to R.I. Const., Art. I, Sec. IX and all other bail matters

pursuant to chapter 13 of title 12 and the rules of criminal procedure, including but not limited to

motions to modify bail, bail revocation hearings, bail forfeiture hearings, and bail source

hearings;

      (4) All matters relating to fugitives from justice pursuant to chapter 9 of title 12;

      (5) Probation revocation hearings;

      (6) All matters relating to small claims and consumer claims pursuant to chapter 16 of

title 10, including any pretrial motions including motions relating to the special service of

process, the entry of defaults and default judgments, the trial of such cases and the entry of

judgment after such trials, and all matters relating to the enforcement of such judgments,

including but not limited to the ordering of installment payments and trustee process; and

      (7) Complaints for judicial review of the decision of an administrative agency pursuant

to chapter 35 of title 42 by making proposed findings of fact and recommendations for the

disposition of the complaints to a judge of the court. Any party may object to any portion of the

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magistrate's proposed findings and recommendations within ten (10) days after receipt of a copy

thereof. That party shall file with the clerk of the sixth division of the district court and serve on

all parties written objections which shall specifically identify the portions of the proposed

findings and recommendations to which objection is made and the basis for the objection. A

judge shall make a de novo determination of those portions to which objection is made and may

accept, reject, or modify, in whole or in part, the findings or recommendations made by the

magistrate. Absent a timely objection filed in accordance with this subdivision, the proposed

prevailing party shall, upon expiration of the ten (10) days following the service of the

magistrate's proposed findings and recommendations, submit a proposed order for signature of

the judge to whom the case has been assigned.

      (d) The magistrate may be authorized:

      (1) To regulate all proceedings before him or her;

      (2) To do all acts necessary or proper for the efficient performance of his or her duties;

      (3) To require the production before him or her of books, papers, vouchers, documents,

and writings;

      (4) To rule upon the admissibility of evidence;

      (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to

examine them, and to call parties to the proceeding and examine them upon oath;

      (6) To adjudicate a person in contempt and to order him or her fined or to order him or

her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court,

for failure to appear in response to a summons or for refusal to answer questions or produce

evidence or for behavior disrupting a proceeding or other contempt of his or her authority;

      (7) To adjudicate a person in contempt and to order him or her fined or to order him or

her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court,

for failure to comply with a pending order to provide payment or to perform any other act;

      (8) To issue a capias and/or body attachment for the failure of a party or witness to

appear after having been properly served or given notice by the court and, should the court not be

in session, the person apprehended may be detained at the adult correctional institution, if an

adult, or at the Rhode Island training school for youth, if a child, until the next session of the

court;

      (9) To issue writs of habeas corpus to bring before him or her or a judge of the court any

person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal,

pending before the court, or whose presence is necessary as a party or otherwise necessary so that

the ends of justice may be attained, and for no other purpose; and

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      (10) To issue warrants of arrest and search warrants to the same extent as an associate

judge of the court.

      (e) Except as otherwise indicated, a party aggrieved by an order entered by the district

court magistrate shall be entitled to a review of the order, whether by appeal or otherwise, by a

judge of the court. The court shall, by rules of procedure, establish procedures for review of

contempt and adjudications of the magistrate.

      (f) The magistrate shall be:

      (1) Governed by the commission on judicial tenure and discipline, chapter 16 of this

title, in the same manner as justices and judges;

      (2) Subject to all provisions of the canons of judicial ethics;

      (3) Subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

      (g) The provisions of this section shall be afforded liberal construction.

     8-8-16.2. District court clerk/magistrate. -- (a) Any person who is a member of the bar

of Rhode Island may be appointed nominated district court clerk/magistrate by the chief judge in

his or her capacity as administrative head of the court, governor, on the basis of merit, from a list

submitted by the judicial nominating commission, subject to the advice and consent of the senate.

The district court clerk/magistrate shall hold that office for a term of ten (10) years and until a

successor is appointed nominated and qualified. Nothing herein shall be construed to prohibit the

assignment renomination of the district court clerk/magistrate to more than one such term, subject

to the advice and consent of the senate. The district court clerk/magistrate shall have the power to

hear and determine any matters that may be assigned to the district court clerk/magistrate by the

chief judge all to the same effect as if done by a judge of the district court, including, but not

limited to, matters relating to the determination of, monitoring, collection and payment of

restitution and court ordered fines, fees and costs or the ordering of community service in lieu of

or in addition to the payment of restitution, fines, fees and costs, consistent with other provisions

of the general laws.

      (b) The clerk/magistrate may be authorized:

      (1) To regulate all proceedings before him or her;

      (2) To do all acts necessary or proper for the efficient performance of his or her duties;

      (3) To require the production before him or her of books, papers, vouchers, documents

and writings;

      (4) To rule upon the admissibility of evidence;

      (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to

examine them and to call parties to the proceeding and examine them upon oath;

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      (6) To adjudicate a person in contempt and to order him or her fined or to order him or

her imprisoned for not more than seventy-two (72) hours, for failure to appear in response to a

summons or for refusal to answer questions or produce evidence or for behavior disrupting a

proceeding or other contempt of his or her authority; provided; however, that no such

imprisonment shall occur prior to review by a judge of the court.

      (7) To adjudicate a person in contempt and to order him or her fined or to order him or

her imprisoned for not more than seventy-two (72) hours, for failure to comply with a pending

order to provide payment or to perform any other act; provided, however, that no such

imprisonment shall occurr occur prior to review by a judge of the court.

      (8) To issue a capias and/or body attachment for the failure of a party or witness to

appear after having been properly served or given notice by the court and, should the court not be

in session, the person apprehended may be detained at the adult correctional institutions, if an

adult, or at the Rhode Island training school for youth, if a child, until the next session of the

court;

      (9) To issue writs of habeas corpus to bring before him or her or a judge of the court any

person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal,

pending before the court, or whose presence is necessary as a party or otherwise necessary so that

the ends of justice may be attained, and for no other purpose; and

      (10) To issue warrants of arrest and search warrants to the same extent as an associate

judge of the court.

      (c) Except as otherwise indicated, a party aggrieved by an order entered by the district

court clerk/magistrate shall be entitled to a review of the order, whether by appeal or otherwise,

by a judge of the court. The court shall, by rules of procedure, establish procedures for review of

contempt and adjudications of the clerk/magistrate.

      (d) The district court clerk/magistrate shall:

      (1) Be governed by the commission on judicial tenure and discipline, pursuant to chapter

16 of this title, in the same manner as justices and judges;

      (2) Be subject to all provisions of the canons of judicial ethics;

      (3) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-

7-2.

      (4) Receive any salary that may be established by the state court administrator pursuant

to section 8-15-4. The provisions of this section shall be afforded liberal construction.

     SECTION 3. Section 8-8.2-1 of the General Laws in Chapter 8-8.2 entitled "Traffic

Tribunal" is hereby amended to read as follows:

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     8-8.2-1. Establishment -- Rule-making authority -- Adjudication of violations. -- (a)

There is hereby established a traffic tribunal which shall be charged with the administration and

adjudication of traffic violations within its jurisdiction. The traffic tribunal shall be under the

supervision of the chief magistrate of the traffic tribunal, who shall be the administrative head of

the traffic tribunal and shall have the power to make rules for regulating practice, procedure and

business within the traffic tribunal. Pursuant to section 8-6-2, said rules shall be subject to the

approval of the supreme court. Such rules, when effective, shall supersede any statutory

regulation in conflict therewith. Any person who has been a member of the bar of Rhode Island

may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic

tribunal shall be appointed nominated by the chief justice of the supreme court, governor, on the

basis of merit, from a list submitted by the judicial nominating commission, with the advice and

consent of the senate, for a period of ten (10) years and until a successor is appointed nominated

and qualified. Nothing contained herein shall be construed to prohibit the reappointment

renomination of the chief magistrate for one or more ten (10) year terms subject to the advice and

consent of the senate. Compensation for the chief magistrate shall be equal to that of an associate

judge of the district court.

      (b) The judges and magistrates of the traffic tribunal shall hear and determine cases as

provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be

assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The

chief magistrate of the traffic tribunal may assign a judge or magistrate who is authorized to hear

and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic

tribunal and the administrative judge or magistrate shall perform such administrative duties as

may be delegated to him or her by the chief magistrate. Once assigned to the position, the

administrative judge or magistrate shall hold said administrative position for the remainder of his

or her respective term as a judge or magistrate of the traffic tribunal.

      (c) (1) Those judges of the administrative adjudication court in active service on July 1,

1999 shall serve within the traffic tribunal. Whenever the total number of judges and magistrates

in the traffic tribunal exclusive of the chief magistrate shall be less than seven (7), the chief

justice of the supreme court, with the advice and consent of the senate, may, as needed, assign a

duly qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall

submit his or her name to the senate for confirmation. In the event of a vacancy in the position of

chief magistrate, the chief justice of the supreme court shall appoint a successor in accordance

with subsection 8-8.2-1(a). Any magistrate assigned under this section shall serve a term of ten

(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

than one such term, subject to the advice and consent of the senate. Compensation for any such

magistrate shall be determined by the chief magistrate of the traffic tribunal subject to

appropriation by the general assembly but in no event shall the compensation be equal to or more

than that of an associate judge of the district court. Magistrates of the traffic tribunal shall

participate in the state retirement system in the same manner as all members of the unclassified

service.

      (2) If any judge of the traffic tribunal shall retire, or a vacancy becomes available

through death, disability or any other reason, the position shall be filled by a magistrate consistent

with the provisions of this section.

      (d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her

judicial duties, except as may be otherwise provided by law. He or she shall not practice law

while holding office, nor shall he or she be a partner or associate of any person in the practice of

law.

      (e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I.

Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme

court of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in

accordance with chapter 16 of this title; and to the administrative authority and control of the

chief justice of the supreme court in accordance with chapter 15 of this title, except that sections

8-15-3 and 8-15-3.1 shall not apply to judges of the traffic tribunal.

      (f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words

and devices as it shall adopt.

      (g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths

and affirmations.

      (h) Administrative/supervisory officials.

      (1) There shall be an assistant to the administrative magistrate of the traffic tribunal who

shall be appointed by and serve at the pleasure of the chief magistrate and who shall perform such

clerical and administrative duties as may be assigned to him or her by the chief magistrate of the

traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The assistant to

the administrative judge or magistrate shall have the power to administer oaths and affirmations

within the state.

      (2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at

the pleasure of the chief magistrate of the traffic tribunal; provided, however, that, effective July

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

shall hold office for the balance of a term of twelve (12) years which began on September 1,

1992, without the necessity of appointment by the governor or advice and consent of the senate.

The clerk of the traffic tribunal shall exercise his or her functions under the direction and control

of the chief magistrate of the traffic tribunal and the administrative judge or magistrate of the

traffic tribunal. The clerk of the traffic tribunal shall have the power to administer oaths and

affirmations within the state.

      (i) Clerical Personnel/Court Recorders.

      (1) The chief magistrate of the traffic tribunal shall appoint deputy clerks and assistance

clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer oaths

and affirmations within the state.

      (2) The chief magistrate of the traffic tribunal shall appoint sufficient court recorders to

enable all proceedings to be recorded by electronic means and who shall assist in such other

clerical duties as may be prescribed from time to time by the chief magistrate of the traffic

tribunal.

      (3) The chief magistrate of the traffic tribunal shall employ such clerical assistants in

addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties.

     SECTION 4. Sections 8-10-3.1 and 8-10-3.2 of the General Laws in Chapter 8-10

entitled "Family Court" are hereby amended to read as follows:

     8-10-3.1. Magistrates -- Appointment, duties, and powers. -- (a) The chief judge of the

family court governor may appoint nominate magistrates, with the advice and consent of the

senate, to assist the court in the conduct of its business. A person appointed nominated to serve as

a magistrate shall be a member of the bar of Rhode Island and shall be chosen on the basis of

merit, from a list submitted by the judicial nominating commission. The powers and duties of

magistrates shall be prescribed in the order appointing nominating them.

      (b) In addition, magistrates may assist the court in:

      (1) the enforcement and implementation of chapter 23.1 of title 15,

      (2) the determination of matters that come before the court pursuant to section8-10-4,

chapter 1 of title 14, chapters 5, 7, 8, 9, 10 and 16 of title 15, chapter 19 of title 16, chapter 11 of

title 40, and chapter 5 of title 40.1.

      Magistrates shall be empowered to hear and determine all motions, pretrial conferences,

arraignments of juvenile offenders, probable cause hearings, and review of all such matters,

including but not limited to, the temporary placement, custody, disposition and adoption of

children, orders of support, final divorce decrees, and the taking of testimony in conducting all

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hearings relative thereto subject to the review provided for in subsection (d).

      (c) The magistrates shall serve a term of ten (10) years and until a successor is appointed

nominated and qualified and his or her powers and duties shall be prescribed in the order

appointing nominating him or her or in the rules of procedure of the family court. Any magistrate

in service as of January 1, 2008 who serves at the pleasure of the chief judge of the family court

may be appointed nominated by the governor for a term of ten (10) years with the advice and

consent of the senate and until a successor is appointed nominated and qualified. Nothing herein

shall be construed to prohibit the assignment renomination of a magistrate to more than one such

term, subject to the advice and consent of the senate. The magistrates may be authorized:

      (1) To regulate all proceedings before him or her;

      (2) To do all acts and take all measures necessary or proper for the efficient performance

of his or her duties;

      (3) To require the production before him or her of books, papers, vouchers, documents,

and writings;

      (4) To rule upon the admissibility of evidence;

      (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to

examine them, and to call parties to the proceeding and examine them upon oath;

      (6) To adjudicate a person in contempt and to order him or her imprisoned for not more

than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in

response to a summons or for refusal to answer questions or produce evidence or for behavior

disrupting a proceeding;

      (7) To adjudicate a party in contempt and to order him or her imprisoned for not more

than seventy-two (72) hours, pending review by a justice of the court, for failure to comply with a

pending order to provide support or to perform any other act; and

      (8) To issue a capias and/or body attachment upon the failure of a party or witness to

appear after having been properly served and, should the family court not be in session, the

person apprehended may be detained at the adult correctional institution, if an adult, or at the

Rhode Island training school for youth, if a child, until the next session of the family court.

      (d) A party aggrieved by an order entered by a magistrate shall be entitled to a review of

the order by a justice of the family court. Unless otherwise provided in the rules of procedure of

the family court, such review shall be on the record and appellate in nature. The family court shall

by rules of procedure establish procedures for review of orders entered by a magistrate, and for

enforcement of contempt adjudications of a magistrate.

      (e) Final orders of the family court entered in a proceeding to review an order of a

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magistrate may be appealed to the supreme court.

      (f) The magistrates shall be empowered to hear de novo all applications for income

withholding pursuant to chapter 16 of title 15 and appeals of administrative agency orders of the

department of human services to withhold income under chapter 16 of title 15.

      (g) The magistrates shall be empowered to hear all matters relating to the revocation or

nonrenewal of a license of an obligor due to non-compliance with a court order of support, in

accordance with chapter 11.1 of title 15.

      (h) The magistrates may be authorized by the chief judge to hear those matters on the

domestic abuse prevention calendar and the nominal calendar.

      [See section12-1-15 of the General Laws.]

     8-10-3.2. General magistrate of the family court. -- (a) There is hereby created within

the family court the position of general magistrate of the family court who shall be appointed

nominated by the chief judge of the family court governor, on the basis of merit, from a list

submitted by the judicial nominating commission, with the advice and consent of the senate for a

term of ten (10) years and until a successor is appointed nominated and qualified. Nothing herein

shall be construed to prohibit the assignment renomination of the general magistrate to more than

one such term, subject to the advice and consent of the senate.

      (b) The general magistrate shall be an attorney at law and a member in good standing of

the Rhode Island bar.

      (c) The primary function of the general magistrate shall be the enforcement of child

support decrees, orders, and law relative to child support. The general magistrate shall have all

the authority and powers vested in magistrates by virtue of sections 8-10-3, 8-10-3.1, 9-15-19, 9-

15-21, 9-14-26, 9-18-8, 9-18-9, and 36-2-3, and any other authority conferred upon magistrates

by any general or public law or by any rule of procedure or practice of any court within the state.

      (d) The chief justice of the supreme court with the agreement of the chief judge of the

family court may specially assign the general magistrate to any court of the unified judicial

system; provided, however, that the general magistrate may be assigned to the superior court

subject to the prior approval of the presiding justice of the superior court. When the general

magistrate is so assigned he or she shall be vested, authorized, and empowered with all the

powers belonging to the magistrates of the court to which he or she is specially assigned.

      (e) The general magistrate shall:

      (1) Receive all credits and retirement allowances as afforded justices under chapter 3 of

this title and any other applicable law;

      (2) Be governed by the commission on judicial tenure and discipline, chapter 16 of this

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title, in the same manner as justices and workers' compensation judges;

      (3) Be entitled to a special license plate under section 31-3-47;

      (4) Receive a salary equivalent to that of a district court judge;

      (5) Be subject to all the provisions of the canons of judicial ethics; and

      (6) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-

7-2.

      (f) The general magistrate of the family court who shall at the time of passage of this

section hold the position of general magistrate, shall upon retirement, at his or her own request

and at the direction of the chief justice of the supreme court, subject to the retiree's physical and

mental competence, be assigned to perform such services as general magistrate of the family

court, as the chief judge of the family court shall prescribe. When so assigned and performing

such service, the general magistrate shall have all the powers and authority of general magistrate

of the family court, but otherwise shall have no powers nor be authorized to perform any judicial

duties. For any such service or assignments performed after retirement, the general magistrate

shall receive no compensation whatsoever, either monetary or in kind. Such a retired general

magistrate shall not be counted in the number of judicial officers provided by law for the family

court.

      (g) The provisions of this section shall be afforded liberal construction.

     SECTION 5. Section 8-16.1-6 of the General Laws in Chapter 8-16.1 entitled "Judicial

Selection" is hereby amended to read as follows:

     8-16.1-6. Nomination and appointment of judges [Repealed effective June 30, 2014.]

-- (a) (1) The governor shall immediately notify the commission of any vacancy or prospective

vacancy of a judge or magistrate of any state court other than the Rhode Island supreme court.

The commission shall advertise for each vacancy and solicit prospective candidates and shall

consider names submitted from any source. Within ninety (90) days of any vacancy the

commission shall publicly submit the names of not less than three (3) and not more than five (5)

highly qualified persons for each vacancy to the governor.

      (2) Notwithstanding any other law to the contrary, any individual whose name was

publicly submitted to the governor by the commission as described in subsection (1) above, shall

also be eligible for subsequent nomination by the governor for any vacancy or prospective

vacancy of a judge or magistrate in the same court for which that particular individual had

previously applied except for a vacancy in the position of presiding justice, chief justice, or chief

judge.

      (3) Such individuals shall remain eligible for nomination to fill any vacancy or

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prospective vacancy within the same court to which they previously applied for a period of five

(5) years from the date their name or names were publicly submitted to the governor by the

commission unless such individuals withdraw from future consideration in writing to the judicial

nominating commission. However, such individuals must reapply for any subsequent vacancy or

prospective vacancy in the same court for the position of presiding justice, chief justice, or chief

judge.

      (4) Subject to the eligibility requirements set forth above, the governor shall fill any

vacancy of any judge or magistrate of the Rhode Island superior court, family court, district court,

workers' compensation court, or any other state court which the general assembly may from time

to time establish, by nominating one of the three (3) to five (5) highly qualified persons

forwarded to him or her by the commission for the court where the vacancy occurs, or by

nominating another individual who has previously applied for a vacancy or prospective vacancy

within the same court and whose name had been previously publicly submitted to the governor

within the previous five (5) years.

      (b) The governor shall fill any vacancy within twenty-one (21) days of the public

submission by the commission.

      (c) Each nomination shall be delivered forthwith to the secretary of the senate for

presentation to the senate, and by and with the advice and consent of the senate, each nominee

shall be appointed by the governor to serve subject to the general laws. The senate shall, after

seven (7) calendar days of receipt of the nomination consider the nomination, but if the senate

fails within ninety (90) days after the submission to confirm the nominee or if the senate does not

by a majority vote of its members extend the deliberation an additional seven (7) calendar days,

the governor shall appoint some other person to fill the vacancy and shall submit his or her

appointment to the senate for confirmation in like manner until the senate shall confirm the

nomination. If the nominee is rejected by the senate, the commission shall submit a new list of

three (3) to five (5) candidates to the governor for the purpose of nomination in accordance with

this chapter. Any new list may include but need not be limited to the names of any candidates

who were previously submitted to the governor by the commission but who were not forwarded

to the senate for its advice and consent.

      (d) During the time for consideration of the nominees by the senate, the senate judiciary

committee shall conduct an investigation and public hearing on the question of the qualifications

of the nominee or nominees. At the public hearing, the testimony of every witness shall be taken

under oath and stenographic records shall be taken and maintained. Further, the senate judiciary

committee shall during the course of its investigation and hearing have the power upon majority

LC003352 - Page 18 of 24

vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and

orders for the production of books, accounts, papers, records, and documents which shall be

signed and issued by the chairperson of the committee, or the person serving in his or her

capacity. All such subpoenas and orders shall be served as subpoenas in civil cases in the superior

court are served, and witnesses so subpoenaed shall be entitled to the same fees for attendance

and travel as provided for witnesses in civil cases in the superior court. If the person subpoenaed

to attend before the committee fails to obey the command of the subpoena without reasonable

cause, refuse to be sworn, or to be examined, or to answer a legal and pertinent question, or if any

person shall refuse to produce books, accounts, papers, records, and documents material to the

issue, set forth in an order duly served on him or her, the committee by majority vote of the

committee members present may apply to any justice of the superior court, for any county, upon

proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than

five (5) days, directing the person to show cause before the justice who made the order or any

other justice of the superior court, why he or she should not be adjudged in contempt. Upon the

return of the order, the justice before whom the matter is brought on for hearing shall examine

under oath the person, and the person shall be given an opportunity to be heard, and if the justice

shall determine that the person has refused without reasonable cause or legal excuse to be

examined or to answer a legal and pertinent question, or to produce books, accounts, papers,

records, and documents material to the issue which he or she was ordered to bring or produce, he

or she may forthwith commit the offender to the adult correctional institution, there to remain

until the person submits to do the act which he or she was so required to do, or is discharged

according to law.

      (e) The committee shall, for the purpose of investigating the qualifications of the

nominee or nominees, be furnished with a report compiled by the state police in conjunction with

the attorney general's office indicating the determinations and findings of the state police and

attorney general's office investigations concerning the background of the nominee or nominees,

and the report shall include, but not be limited to, the following:

      (1) Whether the nominee has ever been convicted of or pleaded guilty to a misdemeanor

or felony in this or any other state or foreign country;

      (2) Whether the nominee has ever filed a personal bankruptcy petition or an assignment

for the benefit of creditors in this or any other state or foreign country; and whether the nominee

has ever been a partner in, held ten percent (10%) or more of stock in, or held office in any sole

proprietorship, partnership, or corporation that has been involved in bankruptcy or receivership

actions as a debtor or because of insolvency at the time the nominee was a partner in, held ten

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percent (10%) or more stock in, or held office in any such sole proprietorship, partnership, or

corporation;

      (3) Whether the nominee has ever had a civil judgment rendered against him or her

arising out of an allegation of fraud, misrepresentation, libel, slander, professional negligence, or

any intentional tort in this state or any other state or foreign country;

      (4) The state police in conjunction with the attorney general's department shall provide

in their report the names and addresses of each and every source of their information.

      (f) The reports set forth in this section shall be delivered to the chairperson and members

of the senate judiciary committee in addition to the nominee or nominees only prior to the

commencement of the public hearing. Provided, however, that if the nominee or nominees

withdraw or decline the appointment prior to the public hearing then the report or reports shall be

returned to the chairperson of the judiciary committee and destroyed.

      (g) The committee shall also require a financial statement to be submitted by each

nominee, prior to the public hearing, to the chairperson of the senate judiciary committee, to

investigate each nominee to determine his or her compliance with the provisions of chapter 14 of

title 36.

      (h) Any associate justice of any state court who is appointed to serve as the chief or

presiding justice of that court on an interim basis shall retain his or her status as an associate

justice until the appointment to chief or presiding justice is made permanent.

      (i) In case a vacancy shall occur when the senate is not in session, the governor shall

appoint some person from a list of three (3) to five (5) persons submitted to the governor by the

commission to fill the vacancy until the senate shall next convene, when the governor shall make

an appointment as provided in this section.

     8-16.1-6. Nomination and appointment of judges. [Effective June 30, 2014.] -- (a) The

governor shall immediately notify the commission of any vacancy or prospective vacancy of a

judge or magistrate of any state court other than the Rhode Island supreme court. The commission

shall advertise for each vacancy and solicit prospective candidates and shall consider names

submitted from any source. Within ninety (90) days of any vacancy the commission shall publicly

submit the names of not less than three (3) and not more than five (5) highly qualified persons for

each vacancy to the governor. The governor shall fill any vacancy of any judge or magistrate of

the Rhode Island superior court, family court, district court, workers' compensation court, or any

other state court which the general assembly may from time to time establish, by nominating one

of the three (3) to five (5) highly qualified persons forwarded to him or her by the commission for

the court where the vacancy occurs.

LC003352 - Page 20 of 24

      (b) The governor shall fill any vacancy within twenty-one (21) days of the public

submission by the commission.

      (c) Each nomination shall be forwarded forthwith to the senate, and by and with the

advice and consent of the senate, each nominee shall be appointed by the governor to serve

subject to the general laws. The senate shall, after seven (7) calendar days of receipt of the

nomination consider the nomination, but if the senate fails within ninety (90) days after the

submission to confirm the nominee or if the senate does not by a majority vote of its members

extend the deliberation an additional seven (7) calendar days, the governor shall appoint some

other person to fill the vacancy and shall submit his or her appointment to the senate for

confirmation in like manner until the senate shall confirm the nomination. If the nominee is

rejected by the senate, the commission shall submit a new list of three (3) to five (5) candidates to

the governor for the purpose of nomination in accordance with this chapter. Any new list may

include but need not be limited to the names of any candidates who were previously submitted to

the governor by the commission but who were not forwarded to the senate for its advice and

consent.

      (d) During the time for consideration of the nominees by the senate, the senate judiciary

committee shall conduct an investigation and public hearing on the question of the qualifications

of the nominee or nominees. At the public hearing, the testimony of every witness shall be taken

under oath and stenographic records shall be taken and maintained. Further, the senate judiciary

committee shall during the course of its investigation and hearing have the power upon majority

vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and

orders for the production of books, accounts, papers, records, and documents which shall be

signed and issued by the chairperson of the committee, or the person serving in his or her

capacity. All such subpoenas and orders shall be served as subpoenas in civil cases in the superior

court are served, and witnesses so subpoenaed shall be entitled to the same fees for attendance

and travel as provided for witnesses in civil cases in the superior court. If the person subpoenaed

to attend before the committee fails to obey the command of the subpoena without reasonable

cause, refuse to be sworn, or to be examined, or to answer a legal and pertinent question, or if any

person shall refuse to produce books, accounts, papers, records, and documents material to the

issue, set forth in an order duly served on him or her, the committee by majority vote of the

committee members present may apply to any justice of the superior court, for any county, upon

proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than

five (5) days, directing the person to show cause before the justice who made the order or any

other justice of the superior court, why he or she should not be adjudged in contempt. Upon the

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return of the order, the justice before whom the matter is brought on for hearing shall examine

under oath the person, and the person shall be given an opportunity to be heard, and if the justice

shall determine that the person has refused without reasonable cause or legal excuse to be

examined or to answer a legal and pertinent question, or to produce books, accounts, papers,

records, and documents material to the issue which he or she was ordered to bring or produce, he

or she may forthwith commit the offender to the adult correctional institution, there to remain

until the person submits to do the act which he or she was so required to do, or is discharged

according to law.

      (e) The committee shall, for the purpose of investigating the qualifications of the

nominee or nominees, be furnished with a report compiled by the state police in conjunction with

the attorney general's office indicating the determinations and findings of the state police and

attorney general's office investigations concerning the background of the nominee or nominees,

and the report shall include, but not be limited to, the following:

      (1) Whether the nominee has ever been convicted of or pleaded guilty to a misdemeanor

or felony in this or any other state or foreign country;

      (2) Whether the nominee has ever filed a personal bankruptcy petition or an assignment

for the benefit of creditors in this or any other state or foreign country; and whether the nominee

has ever been a partner in, held ten percent (10%) or more of stock in, or held office in any sole

proprietorship, partnership, or corporation that has been involved in bankruptcy or receivership

actions as a debtor or because of insolvency at the time the nominee was a partner in, held ten

percent (10%) or more stock in, or held office in any such sole proprietorship, partnership, or

corporation;

      (3) Whether the nominee has ever had a civil judgment rendered against him or her

arising out of an allegation of fraud, misrepresentation, libel, slander, professional negligence, or

any intentional tort in this state or any other state or foreign country;

      (4) The state police in conjunction with the attorney general's department shall provide

in their report the names and addresses of each and every source of their information.

      (f) The reports set forth in this section shall be delivered to the chairperson and members

of the senate judiciary committee in addition to the nominee or nominees only prior to the

commencement of the public hearing. Provided, however, that if the nominee or nominees

withdraw or decline the appointment prior to the public hearing then the report or reports shall be

returned to the chairperson of the judiciary committee and destroyed.

      (g) The committee shall also require a financial statement to be submitted by each

nominee, prior to the public hearing, to the chairperson of the senate judiciary committee, to

LC003352 - Page 22 of 24

investigate each nominee to determine his or her compliance with the provisions of chapter 14 of

title 36.

      (h) Any associate justice of any state court who is appointed to serve as the chief or

presiding justice of that court on an interim basis shall retain his or her status as an associate

justice until the appointment to chief or presiding justice is made permanent.

      (i) In case a vacancy shall occur when the senate is not in session, the governor shall

appoint some person from a list of three (3) to five (5) persons submitted to the governor by the

commission to fill the vacancy until the senate shall next convene, when the governor shall make

an appointment as provided in this section.

     SECTION 6. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS

***

     This act would vest with the governor the sole authority to nominate, on the basis of

merit, from a list submitted by the judicial nominating commission with the advice and consent of

the senate, all judges and magistrates, to all courts.

     This act would take effect upon passage.

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