It is enacted by the General Assembly as follows
SECTION 1. Chapter 8-8 of the General Laws entitled "District Court" is hereby amended by adding thereto the following sections:
{ADD 8-8-16.1. Office of clerk/magistrate -- Purpose. -- ADD} {ADD The general assembly hereby finds that there exists a need to further expand the capability of the district court to effectively and expeditiously collect all fines, fees, and costs due to the state, consistent with principles of fairness and due process. Therefore, the general assembly hereby creates the position of district court clerk/magistrate. ADD}
{ADD 8-8-16.2. District court clerk/magistrate.. -- ADD} {ADD (a) Any person holding the position of deputy clerk pursuant to section 8-8-15 of this chapter who is a member of the bar of Rhode Island may be appointed district court clerk/magistrate by the chief judge in his or her capacity as administrative head of said court, subject to the advice and consent of the senate. The district court clerk/magistrate shall hold said office for a term of ten (10) years, and shall retain whatever right he or she may have to the position of district court clerk pursuant to section 8-8-15 of this chapter. The district court clerk/magistrate shall have all powers of a district court clerk pursuant to this chapter and the district court clerk/magistrate shall have the power to hear and determine such matters as may be assigned to the district court clerk/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, 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.
(b) Such clerk/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.
(c) Except as otherwise indicated, a party aggrieved by an order entered by the district court clerk/magistrate shall be entitled to a review of the order, whether by appeal or otherwise, in the same manner as if taken from an order issued by a judge of the court; except, that any person aggrieved by an adjudication of contempt by the district court clerk/magistrate shall be entitled to a review by a judge of the court within seventy-two (72) hours. The court shall, by rules of procedure, establish procedures for review of contempt and adjudications of the clerk/magistrate.
(d) The district court clerk/magistrate shall:
(1) Be governed by the commission on judicial tenure and discipline, pursuant to chapter 16 of this title, in the same manner as justices and judges;
(2) Be subject to all provisions of the canons of judicial ethics;
(3) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.
(4) Receive such salary as may be established by the unclassified pay board. The provisions of this section shall be afforded liberal construction. ADD}
SECTION 2. This act shall take effect upon passage.
