2019 -- S 0480 SUBSTITUTE A

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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: Senator Erin Lynch Prata

     Date Introduced: February 27, 2019

     Referred To: Senate 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. Powers of the chief justice to ensure court operations.

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     (a) The chief justice of the supreme court may, by order, take any action necessary to

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ensure the continued and efficient operation of the courts of the unified judicial system. Such

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necessary actions may include, but are not 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 in the event of the closure or curtailment of court operations or

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other circumstances as is necessary, in the opinion of the chief justice, to ensure the fair

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administration of justice;

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     (3) In the event of a court closure or curtailment of court operations, suspending any

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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 order.

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     (b) Any order of the chief justice closing or curtailing the operation of any court within

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the unified judicial system and setting forth the necessary response(s) thereto shall specify:

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     (1) The nature, time period, and duration of the circumstances giving rise to the order;

 

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

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     (3) The action(s) to be undertaken to redress the circumstances giving rise to the order;

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and

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

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giving rise to the order and ensure the continued and efficient operation of the unified judicial

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system for the duration of the order.

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     (c) The order closing or curtailing the operation of any court within the unified judicial

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

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

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

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same information required for the issuance of the initial order pursuant to subsection (b) of this

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section.

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     (d) 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 having precedence who is present and qualified, as determined by ยงยง 8-3-2 and 8-3-3, shall

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have the power to issue an order under this chapter.

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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 invest the chief justice of the supreme court with the explicit authority to

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address issues affecting the conduct of judicial business and order whatever response(s) he or she

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deems necessary, in his or her discretion as the executive head of the unified judicial system, to

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ensure the continued operation of the courts.

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     This act would take effect upon passage.

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