Chapter 119

2008 -- S 2320 SUBSTITUTE B

Enacted 07/01/08

 

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE

          

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 07, 2008

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 8-18-11 of the General Laws in Chapter 8-18 entitled "State and

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

 

     8-18-11. Municipal court adherence to promulgated procedures. -- All municipal

courts which shall hear and decide traffic matters pursuant to the authority of this chapter shall do

so in a manner consistent with the procedures of the traffic tribunal. If it shall appear to the chief

judge magistrate of the district court traffic tribunal that said procedures are not being followed

by any municipal court he or she shall inform the municipal court in question that it appears that

it is not in compliance with the procedures of the traffic tribunal. If, thereafter, the chief judge

magistrate is not satisfied that compliance is forthcoming he shall have standing under section 8-

1-2 to petition the supreme court for appropriate relief.

 

     SECTION 2. Section 45-2-51 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

 

     45-2-51. Town of Lincoln -- Municipal court. -- (a) The town council of the town of

Lincoln may establish a municipal court and confer upon the court original jurisdiction,

notwithstanding any other provisions of the general laws, to hear and determine causes involving

the violations of the town of Lincoln Charter, Code of Ordinances, including minimum housing

ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the

"Rhode Island Housing Maintenance and Occupancy Code"; provided, however, that any

defendant found guilty of any offense, excluding violation of the minimum housing ordinances or

chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the

conviction to the superior court for Providence County and be entitled in the latter court to a trial

de novo; and provided further, however, that any defendant found guilty of any violation of a

minimum housing ordinance or of chapter 24.3 of this title may, within seven (7) days of the

conviction, file an appeal from the conviction to the sixth division of the district court and be

entitled to a trial de novo in accordance with sections 8-8-3(a)(4) and 8-8-3.2.

      (b) With respect to violations of either municipal ordinances dealing with minimum

housing or chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy, the

town council may also confer upon the municipal court, in furtherance of the court's jurisdiction,

the power to proceed according to equity:

      (1) To restrain, prevent, enjoin, abate or correct a violation;

      (2) To order the repair, vacation or demolition of any dwelling existing in violation; or

      (3) To otherwise compel compliance with all of the provisions of the ordinances and

statutes.

      (c) The municipal court shall have concurrent jurisdiction with the Rhode Island Traffic

Tribunal to hear and adjudicate those violations conferred upon the municipal court and

enumerated in section 8-18-3. Adjudication of summons by the municipal court shall be in

conformance with section 8-18-4. The municipal court shall hear and decide traffic matters in a

manner consistent with the procedures of the traffic tribunal, and subject to review by the chief

judge magistrate of the district court traffic tribunal in accordance with section 8-18-11. Any

person desiring to appeal from an adverse decision of the municipal court for violations

enumerated in section 8-18-3, may seek review thereof pursuant to the procedures set forth in

section 31-41.1-8.

      (d) The town council of the town of Lincoln is authorized and empowered to appoint a

judge and clerk of the municipal court. The town council of the town of Lincoln is authorized and

empowered to enact ordinances governing the personnel, operation and procedure to be followed

in the court and to establish a schedule of fees and costs, and to otherwise provide for the

operation and management of the court. The municipal court may impose a sentence not to

exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or

both. The court is empowered to administer oaths, compel the attendance of witnesses and punish

persons for contempt and to execute search warrants to the extent the warrants could be executed

by a judge of the district court.

 

     SECTION 3. Section 8-10-15 of the General Laws in Chapter 8-10 entitled "Family

Court" is hereby amended to read as follows:

 

     8-10-15. Family court administrator. -- (a) There shall be a family court administrator

who shall be appointed by the chief judge of the family court in his or her capacity as

administrative judge of the court, with the advice and consent of the senate, and who shall hold

office at the pleasure of the administrative judge for a term of five (5) years.

      (b) Under the general supervision of the chief judge of the family court, within the

policies established by the court, the administrator shall:

      (1) Prepare an annual budget for the court;

      (2) Formulate procedures governing the administration of court services;

      (3) Make recommendations to the court for improvement in court services;

      (4) Collect necessary statistics and prepare the annual report of the work of the court;

      (5) Provide supervision and consultation to the staff of the court concerning

administration of court services, training and supervision of personnel, and fiscal management;

      (6) Perform such other duties as the chief judge shall specify;

      (7) And further to assume and perform, in addition to any other duties provided by this

chapter, the powers, authority, and the duties of the family court clerk, pursuant to the provisions

of the general laws, and shall do and perform all other things which by law or the rules of the

court shall appertain to the office of clerk.

 

     SECTION 4. Section 8-6-5 of the General Laws in Chapter 8-6 entitled "General Powers

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

 

     8-6-5. Arbitration of civil actions. -- The presiding justice of the superior court may

promulgate rules and regulations providing for compulsory and/or noncompulsory nonbinding

arbitration of such category or categories of civil actions filed in or appealed to the superior court

as he or she shall determine. The matter shall be heard by a single arbitrator who shall be selected

by mutual agreement of the plaintiff(s) and defendant(s). If after thirty (30) days the plaintiff(s)

and defendant(s) are unable to agree upon the selection of an arbitrator, a justice of the superior

court shall select the arbitrator upon request in writing from either party. The costs of arbitration

shall be borne by the Rhode Island state court system and a reasonable cost of the arbitration not

to exceed three hundred dollars ($300) per case may be assessed and apportioned to each of the

parties by the superior court pursuant to rules and regulations promulgated by the presiding

justice of the superior court consistent with section 8-6-6. The assessed costs received from the

parties shall be deposited into the general fund. Any party dissatisfied with the decision of the

arbitrator may demand a trial by jury if one was timely claimed in the complaint or answer, or a

trial by judge if no jury trial was claimed. The decision of the arbitrator shall not be admissible at

the trial. The court may require a party who rejects an arbitrator's award and demands a trial to

post a two hundred dollar ($200) filing fee. The filing fee shall be posted with the superior court

clerk and deposited into the general fund. If more than one party rejects the arbitrator's award and

demands a trial, the filing fee shall be apportioned amongst them. Should the verdict at trial be

more favorable to the party than the arbitrator's award, the filing fee shall be reimbursed to that

party. Should the verdict be equal to or less favorable to the party than the arbitrator's award, the

filing fee posted shall be forfeited as a sanction. If forfeited as a sanction the fee shall remain

available to the general fund. The presiding justice of the superior court may appoint an

administrator of the arbitration program for a ten (10) year term and until a successor is appointed

and qualified.

 

     SECTION 5. This act shall take effect upon passage.

     

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LC00841/SUB B

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