2019 -- H 5743

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LC001749

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS

     

     Introduced By: Representatives Millea, Phillips, Hawkins, Solomon, and Shanley

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 8-15 of the General Laws entitled "Court Administration" is hereby

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amended by adding thereto the following section:

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     8-15-2.1. Emergency powers of the chief justice.

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     (a) The chief justice of the supreme court may, by order, declare the existence of a

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disaster, as that term is defined in § 30-15-3, affecting the conduct of judicial business and take

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any action necessary to ensure the continued and efficient operation of the courts of the unified

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judicial system for the duration of the disaster. Such necessary action(s) may include, but are not

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limited to:

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     (1) Establishing alternative locations to conduct judicial business in the event that one or

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more court locations cannot be utilized;

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     (2) Enlarging, extending, tolling, or suspending any filing, appeal, or other applicable

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deadline or statute of limitation as is necessary, in the opinion of the chief justice, to ensure the

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fair administration of justice;

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     (3) Suspending any judicial business that is deemed not essential by the chief justice; and

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     (4) Taking any other appropriate action necessary to ensure that judicial business is

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effectively conducted by the courts of the unified judicial system for the duration of the disaster.

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     (b) The order declaring the existence of a disaster affecting the conduct of judicial

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business and setting forth the necessary response(s) thereto shall specify:

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     (1) The nature, time period, and duration of the disaster underlying the order;

 

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     (2) The court(s) and court location(s) affected by the disaster;

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     (3) The action(s) to be undertaken to redress the effects of the disaster on the conduct of

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judicial business; and

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     (4) Any other relevant information needed to effectively respond to the disaster and

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ensure the continued and efficient operation of the unified judicial system for the duration of the

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disaster.

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     (c) The order declaring the existence of a disaster affecting the conduct of judicial

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business shall be limited to an initial duration of not more than thirty (30) days; provided,

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however, that the order may be modified or extended for additional periods of thirty (30) days

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each at the discretion of the chief justice. Any modification or extension of the initial order shall

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contain the same information required for the issuance of the initial order pursuant to subsection

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(b) of this section.

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     (d) The declaration of a state of emergency by the governor pursuant to § 30-15-9 shall

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not be a condition precedent to the issuance of an order under this section; provided, however,

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that an order under this chapter may issue whenever the governor declares a state of emergency.

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Such order shall contain the information required pursuant to subsection (b) of this section.

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     (e) In the event that the office of the chief justice is vacant, or the chief justice is unable,

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by reason of illness or absence, to perform his or her duties, the associate justice of the supreme

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court in order of seniority, as determined by §§ 8-3-2 and 8-3-3, shall have the power to issue an

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order under this section.

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     (f) The provisions of this section shall preempt and supersede any conflicting provisions

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of law.

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     SECTION 2. 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

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     This act would provide that the chief justice of the supreme court may declare a disaster

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emergency and would order necessary action to ensure efficient operation of the judicial system.

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     This act would take effect upon passage.

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