CHAPTER 311


97-H 5904B
Effective Without the Governor's Signature
Jul. 8, 1997


AN ACT RELATING TO COURTS AND CIVIL PROCEDURE

It is enacted by the General Assembly as follows:

SECTION 1. Sections 8-4-14, 8-4-15, 8-4-17 and 8-4-21 of the General Laws in Chapter 8-4 entitled "Clerk of Supreme and Superior Courts" are hereby amended to read as follows:

8-4-14. Appointment of deputies. -- The clerk of the supreme court, with the approval of the {DEL c DEL} {ADD C ADD} hief {DEL j DEL} {ADD J ADD} ustice, {DEL and the chief supervisory clerk of the superior court DEL} may appoint one or more deputy clerks, who, being sworn, may discharge all the duties of the clerk appointing them.

8-4-15. Removal of deputies -- Compensation -- Liability for misconduct or neglect. -- Each such deputy clerk shall be removable at the pleasure of the {DEL chief supervisory clerk DEL} {ADD Chief Justice ADD} of the {DEL court DEL} {ADD Supreme court ADD} ; and the {DEL chief supervisory clerk DEL} {ADD supreme court clerk ADD} appointing him shall fix the amount of his compensation within the amount appropriated therefor and shall be liable for his misconduct or neglect of duty.

8-4-17. {DELAppointment of assistant superior court clerks -- Employment of clerical assistance by the chief supervisory clerk. DEL} {ADD Appointment of assistant superior court clerks -- Employment of clerical assistance by the presiding justice. -- ADD} (a) The {DEL chief supervisory clerk DEL} {ADD presiding justice ADD} shall, appoint as many assistant clerks as may be necessary, who shall hold office until removed by {DEL said clerk DEL} {ADD the presiding justice ADD} .

(b) {DEL Said clerk DEL} {ADD The presiding justice ADD} is hereby authorized and empowered to employ such clerical assistance in addition to said assistant clerks, as {DEL he DEL} may {ADD be ADD} require{ADD d ADD} in {DEL his DEL} {ADD the clerk's ADD} office in copying, recording, indexing and attending upon the files of said court, and the general assembly shall annually appropriate such sum as it may deem necessary for said purpose; and the state controller is hereby authorized and directed to draw his orders upon the general treasurer in payment for such assistance, upon proper vouchers approved and certified by {DEL said clerk DEL} {ADD the presiding justice or his or her designee ADD} .

8-4-21. General assistant clerks. -- The {DEL chief supervisory clerk DEL} {ADD presiding justice ADD} of the {ADD superior ADD} court shall appoint four (4) general assistant clerks, who shall hold office until removed by {DEL said clerk DEL} {ADD the presiding justice ADD} . Each of the aforesaid general assistant clerks may be designated by the {DEL chief supervisory clerk DEL} {ADD presiding justice ADD} for service in assisting any of the clerks of the superior court for the several counties throughout the state. When so designated, said general assistant clerk shall aid the clerk of the county or counties where he shall be so designated and any act done by him, under direction of the clerk of said county, in the line of duty of said clerk, shall have the same force and effect as though done by the clerk; each such clerk shall have the authority in any county to administer oaths to parties, witnesses and others, as required in the conduct of the proceedings of the court. Said general assistant clerks may be advanced to the rank of deputy clerk by appointment of the {DEL chief supervisory clerk DEL} {ADD presiding justice ADD} of the superior court and may in their capacities as deputy clerks be designated by the {DEL chief supervisory clerk DEL} {ADD presiding justice ADD} for service in assisting any of the clerks of the superior court for the several counties throughout the state and may discharge all of the duties which could be performed by the clerk of the superior court for any county.

SECTION 2. 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 nine (9) 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 clerk of the supreme court, the {ADD general ADD} chief {DEL supervisory DEL} clerk of the superior court, the clerk of the family court, the chief clerk of the district court, and the coordinator of court records management.

SECTION 3. Section 45-16-4.4 of the General Laws in Chapter 45-16 entitled "Sergeants and Constables" is hereby amended to read as follows:

45-16-4.4. Authorization to serve process of superior court. -- (a) The presiding justice of the superior court, upon petition filed with the clerk in Providence county superior court, by a constable authorized or licensed under this chapter, may, after hearing on the petition, authorize such constable to serve or execute any process or writs issued by or returnable to the superior court.

(b) No petition shall be filed by a constable who shall not have had full authorization for service of process from the chief judges of the district and/or family courts for a minimum of one year;

(c) At the hearing on the petition, the petitioner shall present such evidence as the presiding justice may require.

(d) If the petition is granted the petitioner, prior to the service of any process of the superior court, shall post with the {ADD general ADD} chief {DEL supervisory DEL} clerk of the superior court a bond in the amount of ten thousand dollars ($10,000), which the bond shall be renewed annually. The obligee of the bond shall be the {ADD general ADD} chief {DEL supervisory DEL} clerk for the benefit of any aggrieved person. The bond shall be conditioned upon the faithful performance of the duties of the constable. Any authority granted pursuant to this section may be suspended or revoked by the the presiding justice in the justice's sole discretion.

(e) A master file shall be maintained by the {ADD general ADD} chief clerk containing the names of those duly licensed under this section.

(f) Neither the state nor the the presiding justice shall be liable to any person who is aggrieved in any manner whatsoever as a result of the conduct or actions of a constable licensed pursuant to this section.

SECTION 4. This act shall take effect upon passage.



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