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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