Chapter 08-001

Chapter 001

2008 -- H 7006 SUBSTITUTE A

Enacted 01/30/08

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS

Introduced By: Representatives Costantino, Williamson, E Coderre, Kilmartin, and Lally

Date Introduced: January 01, 2008

It is enacted by the General Assembly as follows:

SECTION 1. Section 8-2-11.1 of the General Laws in Chapter 8-2 entitled "Superior

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

and qualified, by the presiding justice, 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 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.

(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;

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

SECTION 2. Section 8-6-2 of the General Laws in Chapter 8-6 entitled "General Powers

of Supreme and Superior Courts" is hereby amended to read as follows:

8-6-2. Rules of practice and procedure. -- (a) The supreme court, the superior court, the

family court, and the district court, by a majority of their members, shall have the power to make

rules for regulating practice, procedure, and business therein. The chief ~~judge of the district court~~

magistrate of the traffic tribunal shall have the power to make rules for regulating practice,

procedure and business in the traffic tribunal. The rules of the superior, family, district court and

the traffic tribunal shall be subject to the approval of the supreme court. Such rules, when

effective, shall supersede any statutory regulation in conflict therewith.

(b) In prescribing such rules, the court shall have regard to the simplification of the

system of pleading, practice, and procedure in the courts in which the rules shall apply in order to

promote the speedy determination of litigation on the merits; provided, however, that each

respective court shall not in the rules of procedure require a party to a civil action to produce

either by discovery, motion, to produce or interrogatory an income tax return, W-2 statement, or

copies thereof. The rules presently in effect in the courts of the judicial system shall remain and

continue in force and effect until revised, amended, repealed, or superseded by rules adopted in

accordance with this section.

SECTION 3. Sections 8-8-8.1 and 8-8-12 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 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 section 8-8-19. Said duties may be assigned by the chief judge.

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

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

chief judge in his or her capacity as administrative head of the court, 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 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 is made and the nominee qualified pursuant to this subsection.

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

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.

~~(8) All matters heard pursuant to chapter 8.2 of this title, in the traffic tribunal.~~

(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

(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.

8-8-12. Duties of chief judge. -- (a) The chief judge shall be the administrative head of

the district court and shall be responsible for its operation and the efficient use of its manpower.

To this end he or she shall:

(1) Hold court in any division when he or she deems it necessary;

(2) Assign judges to hold court in the various divisions;

(3) Designate the place or places for holding court in each division;

(4) Fix the time for holding court in each division and supervise the calendars;

(5) Report annually to the chief justice of the supreme court on the state of the business

of the district court;

(6) Supervise the collection and publication of statistics pertaining to the court;

(7) Supervise the management of the records of the court;

(8) Determine the time of vacations to be taken by the district judges;

(9) Preside over the district court conference and designate the time and place that it

shall be held;

(10) Promulgate rules and regulations relating to:

(i) The licensing of constables to serve certain district court civil process; and

(ii) The duties and conduct of licensed constables;

(11) [Deleted by P.L. 2007, ch. 154, section 1 and P.L. 2007, ch. 160, section 1_.

~~(b) The authority of the chief judge under this section shall be exercised both as to the~~

~~district court established pursuant to this chapter and the traffic tribunal established pursuant to~~

~~chapter 8.2 of this title and, subject to the labor laws of this state and any applicable collective~~

~~bargaining agreement, shall include the authority to transfer clerical personnel from the traffic~~

~~tribunal to the district court as may be necessary.~~

~~(c)~~ (b) The chief judge of the district court may designate an associate judge of the

district court as administrative judge of the district court. The administrative judge may exercise

such administrative authority as may be delegated to him or her by the chief judge. The

administrative judge shall receive an increase in compensation which shall be set pursuant to

section 8-15-4.

~~(d)~~ (c) The chief judge of the district court shall appoint sufficient court recorders to

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

clerical duties subject to the labor laws of this state and applicable collective bargaining

agreement as may be prescribed from time to time by the chief judge of the district court.

SECTION 4. Sections 8-8.2-1 and 8-8.2-2 of the General Laws in Chapter 8-8.2 entitled

"Traffic tribunal" are hereby amended to read as follows:

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 by the chief justice of the supreme court, 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 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 ~~appoint~~ 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.

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

~~magistrate of the traffic tribunal~~ 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;.

~~provided, however, that in~~ 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 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.

(ii) 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 and/or magistrates 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

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.

8-8.2-2. Jurisdiction. -- (a) Notwithstanding any inconsistent provision of law, all

probationary license hearings as provided in section 31-10-26, all violations of the department of

transportation, department of environmental management or board of governors for higher

education regulations regarding parking, standing, or stopping in areas under the jurisdiction of

said agencies, all violations of state statutes relating to motor vehicles, littering and traffic

offenses, except those traffic offenses committed in places within the exclusive jurisdiction of the

United States, and except driving so as to endanger resulting in death, driving so as to endanger

resulting in personal injury, driving while under the influence of liquor or drugs, driving while

under the influence of liquor or drugs resulting in death, driving while under the influence of

liquor or drugs resulting in serious bodily injury, reckless driving and other offenses against

public safety as provided in section 31-27-4, eluding a law enforcement officer with a motor

vehicle in a high speed pursuit, driving after denial, suspension or revocation of license, and

leaving the scene of an accident in violation of section 31-26-1 and section 31-26-2, and driving

without the consent of the owner and possession of a stolen motor vehicle in violation of section

31-9-1 and section 31-9-2, shall be heard and determined by the traffic tribunal pursuant to the

regulations promulgated by the chief magistrate of the traffic tribunal; provided, however, the

traffic tribunal shall not hear any parking, standing or stopping violations which occur in any city

or town which has established its own municipal court and has jurisdiction over such violations.

Nothing contained herein shall abrogate the powers of the Rhode Island family court under the

provisions of chapter 1 of title 14.

(b) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have

concurrent jurisdiction to hear and determine, pursuant to rules and regulations promulgated by

the chief magistrate of the traffic tribunal, all violations of any ordinances, rules and regulations

governing the public waters and the speed, management and control of all vessels and the size,

type and location and use of all anchorages and moorings within the jurisdiction of the towns of

North Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett and Tiverton

enforced and supervised by the harbormaster and referred to the traffic tribunal, and the terms

"traffic violations" and "traffic infraction" when used in this chapter shall include the aforesaid

violations and such violations shall be adjudicated in accordance with the provisions of this

chapter. Nothing contained herein shall abrogate the powers of the Rhode Island coastal

management council under the provisions of chapter 23 of title 46.

jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief

~~judge of the district court~~ magistrate of the traffic tribunal, all civil violations for sections 20-1-

12, 20-11-20, 20-16-17, 23-22.5-9, 32-2-4 and subsection 46-22-19(1) as set forth in section 42-

17.10-1.

(d) A party aggrieved by a final order of the traffic tribunal appeals panel shall be entitled

to a review of the order by a judge of the district court. Unless otherwise provided in the rules of

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

district court shall by rules of procedure establish procedures for review of an order entered by

the appeals panel of the traffic tribunal.

SECTION 5. Section 8-10-3.1 of the General Laws in Chapter 8-10 entitled "Family

Court" is hereby amended to read as follows:

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

family court may appoint magistrates, with the advice and consent of the senate, to assist the

court in the conduct of its business. A person appointed to serve as a magistrate shall be a

member of the bar of Rhode Island. The powers and duties of magistrates shall be prescribed in

the order appointing them.

(b) In addition, ~~the chief judge of the family court may appoint~~ magistrates may to assist

the court in:

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

~~family court in matters pertaining to hearings in accordance with~~

(2) the determination of matters that come before the court pursuant to section 8-10-4,

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.

~~The~~ mMagistrates ~~will~~ 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

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

and qualified and his or her powers and duties shall be prescribed in the order appointing 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 for a

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

and qualified. 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. 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

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 section 12-1-15 of the General Laws.]

SECTION 6. Section 8-14-1 of the General Laws in Chapter 8-14 entitled "Inactive

Records" is hereby amended to read as follows:

8-14-1. Management, storage, and disposition of state court records. -- There shall be

created a committee within the state court system with responsibility for the management,

storage, and disposition of all state court records, including inactive records. The committee shall

be composed of the following members: the chief justice of the supreme court or his or her

designee, the presiding justice of the superior court or his or her designee, the chief judge of the

family court or his or her designee, the chief judge of the district court or his or her designee, the

chief judge of the workers' compensation court or his or her designee, the chief ~~judge of the~~

~~district court for the~~ magistrate of the traffic tribunal or his or her designee, one clerk from each

of the respective state courts as designated by the chief or presiding justice or chief judge of each

state court, and the head of the state court record center or his or her designee. The committee

shall meet as required to revise the state courts' records retention policy or at the request of the

state court administrator.

SECTION 7. Section 8-15-6 of the General Laws in Chapter 8-15 entitled "Court

Administration" is hereby amended to read as follows:

8-15-6. Internal administration of courts not affected. -- The presiding judge of the

superior court, the chief judge of the family court, the chief judge of the district court, the chief

judge of the workers' compensation court, and the chief ~~judge of the district court for~~ magistrate

of the traffic tribunal shall have the power to administer the affairs of their respective courts; to

establish calendars and to assign magistrates and judges to those calendars; to appoint

administrative and clerical personnel for their courts; to act as authorized agent for their court;

and to make rules for the conduct of their business, not inconsistent with the rules promulgated

for the courts pursuant to section 8-6-2.

SECTION 8. Section 8-18-4 of the General Laws in Chapter 8-18 entitled "State and

Municipal Court Compact" is hereby amended to read as follows:

8-18-4. Adjudication of summonses by municipal courts. -- (a) All summonses to be

adjudicated by a municipal court shall be forwarded to the municipal court.

(b) Summonses to be adjudicated by a municipal court shall be adjudicated by a judge of

the municipal court pursuant to section 31-41.1-6 and the rules established by the chief ~~judge.~~

magistrate of the traffic tribunal subject to the approval of the supreme court pursuant to section

8-6-2. Municipal courts shall have jurisdiction over matters brought pursuant to section 31-41.1-7.

municipal court may proceed pursuant to section 31-41.1-5 to enter a default judgment and

determine whether the charges have been established. Where a determination is made that a

charge has been established, an appropriate order shall be entered and the motorist's license and

registration privileges may be ordered by the municipal court to be suspended by the division of

motor vehicles as provided by law.

(d) All summonses which have been adjudicated by the municipal court and entered into

the data electronic system shall be returned to the traffic tribunal for storage as required by

section 8-14-1.

(e) All municipal courts shall be courts of record, shall tape record all sessions, maintain

dockets, and adjudicate all violations on the summonses and shall be responsible for data entry

into an electronic data processing system of all citations heard and decided by said municipal

courts pursuant to procedures and rules promulgated by the chief ~~judge of the district court~~

magistrate of the traffic tribunal subject to the approval of the supreme court pursuant to section

8-6-2.

(f) Municipal court judges may, in their discretion, order driver retraining courses in

appropriate cases.

(g) [Deleted by P.L. 1999, ch. 218, art. 5, section 1.]

(h) A twenty five dollar ($25.00) hearing fee shall be assessed by both municipal courts

and the traffic tribunal against each person pleading guilty to or found guilty of a traffic offense

or violation, as provided in the general laws. In no case shall any municipal court exercising

jurisdiction pursuant to this chapter impose or assess any fees or costs except as expressly

authorized by state law.

(i) If a payment for any fine assessed in the municipal court for any violation is

attempted with a check written against insufficient funds, then an additional penalty not to exceed

twenty-five dollars ($25.00) may be added to the amount due.

SECTION 9. Section 31-3-47 of the General Laws in Chapter 31-3 entitled "Registration

of Vehicles" is hereby amended to read as follows:

31-3-47. Judiciary plates. -- (a) The administrator of the division of motor vehicles is

empowered to make available to each justice of the supreme, superior, family, and district courts

to each judge of the workers' compensation court, the general magistrate of the family court, and

to each judge or magistrate of the traffic tribunal of the state of Rhode Island and Providence

Plantations, so long as that member is serving, a special motor vehicle registration plate.

(b) Each special motor vehicle registration plate shall carry thereon the design and the

seal of the state of Rhode Island and Providence Plantations and the word, "judiciary".

with one through the combined number of people entitled to said plates. Numbers one through

five (5) shall be assigned to the supreme court; numbers six (6) through eight (8) shall be

assigned to the presiding justice of superior court, chief judge of family court, and chief judge of

district court, number nine (9) shall be assigned to the chief judge of the workers' compensation

court; number ten (10) shall be assigned to the chief ~~judge~~ magistrate of the traffic tribunal. Each

remaining member of the judiciary, and the remaining members of the workers' compensation

court, and the remaining judges and magistrates of the traffic tribunal and the general magistrate

of the family court will then be awarded a number according to seniority. The administrator of the

division of motor vehicles shall reassign numbers no more than every four (4) years after the

initial distribution.

(d) Each member of the judiciary, workers' compensation court, the general magistrate of

the family court and traffic tribunal, as provided in this section, shall have the option of

displaying at any time that plate or the private registration plate assigned to his or her vehicle.

(e) The administrator of the division of motor vehicles shall issue the judiciary plate

upon payment, in addition to the regular prescribed motor vehicle registration fee, of a service

charge of ten dollars ($10.00) for each issue and for each registration renewal.

SECTION 10. Section 31-27-12.1 of the General Laws in Chapter 31-27 entitled "Motor

Vehicle Offenses" is hereby amended to read as follows:

31-27-12.1. Preparation of summons and related records -- Content and form. -- (a)

The summonses and related records shall be in a form ~~prepared by the administrative clerk in the~~

~~judicial department and~~ approved by the ~~district court conference~~ chief magistrate of the traffic

tribunal and subject to the approval of the supreme court. Summonses and related records shall be

numbered consecutively with each summons and its related records bearing the same number, and

each summons and its related records shall consist of five (5) parts:

(1) The summons to be given the alleged offender;

(2) A copy of the summons to be retained by the issuing police officer;

(3) A request for complaint which shall be a copy of the original and which, when

completed and signed shall direct the application for a complaint to the appropriate court or to a

justice of the peace authorized to issue complaints;

(4) A division of motor vehicles record which shall be a copy of the request for

complaint and which shall also include an abstract of the court record;

(5) The police record which shall also provide space for the recording of the disposition

of the charge and which will be retained by the issuing police department or organization.

(b) The summons and related record shall include, when completed, the signature of the

officer observing the alleged violation, the name and address of the alleged offender, the number

of his or her license, if any, to operate a motor vehicle, the registration number of the vehicle

involved, the time and place of the alleged violation, and the substance of the offense charged.

and form of the summonses and related records by the ~~district court conference~~ chief magistrate

of the traffic tribunal and subject to the approval of the supreme court, shall provide for the

printing of them in books or pads, each of which shall contain an original and copy of a summary

sheet to be used, providing space for a record of the use of the consecutively numbered

summonses and related records contained in the book or pad.

SECTION 11. Section 31-27.1-4 of the General Laws in Chapter 31-27.1 entitled

"Aggressive Driving" is hereby amended to read as follows:

31-27.1-4. Penalties. -- (a) Whoever violates this chapter shall be fined not less than two

hundred sixty dollars ($260) nor more than five hundred dollars ($500). In addition, any person

convicted of a first offense of aggressive driving may be required to attend an educational

program approved by the division of motor vehicles designed to improve the safety and habits of

drivers and may be subject to a minimum thirty (30) days suspension of his or her driver's license.

(b) The lesser included offenses which, in total, may constitute aggressive driving, may

be prosecuted separately.

pursuant to the regulations promulgated by the chief ~~judge of the district court~~ magistrate.

SECTION 12. Sections 31-41.1-1, 31-41.1-6 and 31-41.1-8 of the General Laws in

Chapter 31-41.1 entitled "Adjudication of Traffic Offenses" are hereby amended to read as

follows:

31-41.1-1. Form of summons. -- (a) The summons and complaint to be issued to an

offending operator shall contain any information, and be in any form that may be required by the

rules of procedure promulgated by the chief ~~judge of the district court~~ magistrate of ~~for~~ the traffic

tribunal. Every summons shall provide notice of:

(i) The charge or charges against the operator; and

(ii) A date to appear in the traffic tribunal and answer the charges against him or her.

(b) The form for the summons and complaint authorized by this section shall be used for

all violations specified in sections 8-8.2-2, 8-18-3 and 8-18-9. The summons may be the same as

the summons provided for in section 31-27-12. The chief executive officer of each local police

force which is required to use the summons and complaint provided for in this chapter shall

prepare or cause to be prepared any records and reports that may be prescribed by the rules of the

traffic tribunal.

31-41.1-6. Hearings. -- (a) Every hearing for the adjudication of a traffic violation, as

provided by this chapter, shall be held before a judge or magistrate of the traffic tribunal or a

judge of the municipal court, where provided by law. The burden of proof shall be upon the state,

and no charge may be established except by clear and convincing evidence. A verbatim recording

shall be made of all proceedings. The chief ~~judge of the district court~~ magistrate of the traffic

tribunal may prescribe, by rule or regulation, the procedures for the conduct of the hearings and

for pre-hearing discovery.

(b) After due consideration of the evidence and arguments, the judge or magistrate shall

determine whether the charges have been established, and appropriate findings of fact shall be

made on the record. If the charges are not established, an order dismissing the charges shall be

entered. If a determination is made that a charge has been established or if an answer admitting

the charge has been received, an appropriate order shall be entered in the records of the traffic

tribunal.

determination is made that the charge has been established shall be civil in nature, and shall be

treated as an adjudication that a violation has been committed. A judge or magistrate may include

in the order the imposition of any penalty authorized by any provisions of this title for the

violation, except that no penalty for it shall include imprisonment. A judge or magistrate may

order the suspension or revocation of a license or of a registration in the name of the defendant in

accordance with any provisions of this title which authorize the suspension or revocation of a

license or of a registration, or may order the suspension of the license and the registration of the

defendant for the willful failure to pay a fine previously imposed. In addition, after notice and

opportunity to be heard, a judge or magistrate may order the suspension of the registration of the

vehicle with which the violation was committed, if the defendant has willfully failed to pay a fine

previously imposed.

(d) A judge or magistrate may, as authorized by law, order a motorist to attend a

rehabilitative driving course operated under the jurisdiction of a college or university accredited

by the state of Rhode Island, or the trained personnel of the department of administration. An

order to attend a course may also include a provision to pay reasonable tuition for the course to

the institution in an amount not to exceed twenty-five dollars ($25.00). The order shall contain

findings of fact. Failure to comply with an order of attendance may, after notice and hearing,

result in the suspension or revocation of a person's license or registration.

(e) Unless a judge or magistrate shall determine that a substantial traffic safety hazard

would result from it, he or she shall, pursuant to the regulations of the traffic tribunal, delay for a

period of thirty (30) days the effective date of any suspension or revocation of a driver's license or

vehicle registration imposed pursuant to this chapter. However, the regulations may provide for

the immediate surrender of any item to be suspended or revoked and the issuance of appropriate

temporary documentation to be used during the thirty (30) day period. Any order for immediate

surrender of a driver's license or vehicle registration shall contain a statement of reasons for it.

31-41.1-8. Appellate review. -- (a) Appeals panels. - The chief ~~judge of the district court~~

magistrate of the traffic tribunal shall establish one or more appeals panels, each consisting of

three (3) members of the traffic tribunal and shall select a presiding member for each appeals

panel from the members so appointed. No member of the traffic tribunal shall serve as a member

of an appeals panel hearing the appeal of a determination by that member. The chief judge shall

also designate any other personnel of the traffic tribunal that may be necessary to assist an

appeals panel in carrying out its functions.

(b) Right of appeal. - Any person who is aggrieved by a determination of a judge or

magistrate may appeal the determination pursuant to the provisions of this section.

appeals panel which shall make a determination of the appeal, and shall cause an appropriate

order to be entered in the records of the traffic tribunal.

(d) Time limitations. - No appeal shall be reviewed if it is filed more than ten (10) days

after notice was given of the determination appealed from, unless it is determined that failure to

file was due to excusable neglect. Notice shall be complete upon mailing.

(e) Appeal procedures. - Any person desiring to file an appeal from an adverse

determination pursuant to this section shall do so in a form and manner provided by the clerk of

the traffic tribunal. The transcript of any hearing which formed the basis for the determination

will be reviewed only if it is submitted by the appellant. An appeal shall not be deemed to be

finally submitted until the appellant has submitted all forms or documents required to be

submitted by the clerk of the traffic tribunal or by this section.

(f) Standard of review. - The appeals panel shall not substitute its judgment for that of

the judge or magistrate as to the weight of the evidence on questions of fact. The appeals panel

may affirm the decision of the judge or magistrate, or it may remand the case for further

proceedings or reverse or modify the decision if the substantial rights of the appellant have been

prejudicial because the judge's findings, inferences, conclusions or decisions are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the judge or magistrate;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the

whole record; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted

exercise of discretion.

(g) Transcript of hearings. - Transcripts of the record of any hearing may be obtained at

the cost of the traffic tribunal if prepared by the tribunal or at a rate specified in the contract

between the court and the contractor, if prepared by a private contractor.

(h) Fees. - The fee for filing an appeal shall be twenty-five dollars ($25.00), and this fee

shall be deposited into the general fund. No appeal shall be accepted unless the required fee has

been paid or if forma pauperis status has been granted.

(i) Stays pending appeal. - Whenever a determination has not been made within thirty

(30) days after an appeal has been finally submitted, a stay of execution will be deemed granted

by operation of law, and the license, certificate, permit, or privilege affected will be automatically

restored pending final determination by the appeals panel.

SECTION 13. Section 31-41.2-4 of the General Laws in Chapter 31-41.2 entitled

"Automated Traffic Violation Monitoring Systems [Repealed effective July 19, 2008]" is hereby

amended to read as follows:

31-41.2-4. Procedure -- Notice. [Repealed effective July 19, 2008.] -- (a) Except as

expressly provided in this chapter, all prosecutions based on evidence produced by an automated

traffic violation detection system shall follow the procedures established in chapter 41.1 of this

title, chapter 8-18 of these general laws and the rules promulgated by the chief ~~judge of the~~

~~district court~~ magistrate of the traffic tribunal for the hearing of civil traffic violations. Citations

may be issued by an officer solely based on evidence obtained by use of an automated traffic

violation detection system. All citations issued based on evidence obtained from an automated

traffic violation detection system shall be issued within fourteen (14) days of the violation.

(b) It shall be sufficient to commence a prosecution based on evidence obtained from an

automated traffic violation detection system that a copy of the citation and supporting

documentation be mailed to the address of the registered owner kept on file by the registry of

motor vehicles pursuant to section 31-3-34 of these general laws. For purposes of this section, the

date of issuance shall be the date of mailing.

evidence obtained from the automated traffic violation detection system was sufficient to

demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all

prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient

proof of actual notice in all cases where the citation is not answered within the time period

permitted.

(d) The citation shall contain all the information provided for on the uniform summons

as referred to in section 31-41.1-1 of the general laws and the rules of procedure promulgated by

the chief ~~judge of the district court for~~ magistrate of the traffic tribunal subject to the approval of

the supreme court pursuant to section 8-6-2.

(e) In addition to the information in the uniform summons, the following information

shall be attached to the citation:

(i) Copies of two (2) or more photographs, or microphotographs, or other recorded

images taken as proof of the violation; and

(ii) A signed statement by a trained law enforcement officer that, based on inspection of

recorded images, the motor vehicle was being operated in violation of section 31-13-4 of this

subtitle; and

(iii) A statement that recorded images are evidence of a violation of this chapter; and

(iv) A statement that the person who receives a summons under this chapter may either

pay the civil penalty in accordance with the provisions of section 31-41.1-3, or elect to stand trial

for the alleged violation.

SECTION 14. This act shall take effect upon passage.

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LC00251/SUB A

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