Courts and Civil Procedure – Procedure Generally

Writs, Summons and Process

SECTION 9-5-10.5

§ 9-5-10.5. Suspension, revocation or review of certification of certified constables.

(a) Upon the receipt of a written complaint, request of the board, request of a judge of any court, or upon its own initiative, the department shall ascertain the facts and, if warranted, hold a hearing for the reprimand, suspension, or revocation of a certification. The director, or his or her designee, has the power to refuse a certification for cause or to suspend or revoke a certification or place an applicant on probation for any of the following reasons:

(1) The certification was obtained by false representation or by fraudulent act or conduct;

(2) Failure to report to the department any of the following within thirty (30) days of the occurrence:

(i) Any criminal prosecution taken in any jurisdiction. The constable shall provide the initial complaint filed and any other relevant legal documents;

(ii) Any change of name, address or other contact information;

(iii) Any administrative action taken against the constable in any jurisdiction by any government agency within or outside of this state. The report shall include a copy of all relevant legal documents.

(3) Failure to respond to the department within ten (10) days to any written inquiry from the department;

(4) Where a certified constable, in performing or attempting to perform any of the acts mentioned in this section, is found to have committed any of the following:

(i) Inappropriate conduct that fails to promote public confidence, including failure to maintain impartiality, equity, and fairness in the conduct of his or her duties;

(ii) Neglect, misfeasance, or malfeasance of his or her duties;

(iii) Failure to adhere to court policies, rules, procedures, or regulations;

(iv) Failure to maintain the highest standards of personal integrity, honesty, and truthfulness, including misrepresentation, bad faith, dishonesty, incompetence, or an arrest or conviction of a crime.

(5) A copy of the determination of the director of department of business regulation, or his or her designee, shall be forwarded to the chief judge of the district court within ten (10) business days.

(b) Nothing herein shall be construed to prohibit the chief of any court from suspending the certification of a constable to serve process within his or her respective court pending the outcome of an investigation consistent with the provisions of chapter 35 of title 42.

History of Section.
(P.L. 2015, ch. 260, § 9; P.L. 2015, ch. 275, § 9.)