2013 -- S 0473

=======

LC01895

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS

     Introduced By: Senators Hodgson, E O`Neill, Lombardi, and Conley

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 8-2-11.1, 8-2-39, 8-2-39.1 and 8-2-39.2 of the General Laws in

1-2

Chapter 8-2 entitled "Superior Court" are hereby amended to read as follows:

1-3

     8-2-11.1. Administrator/magistrate. -- (a) Any person holding the position of

1-4

administrative clerk in the superior court who is a member of the bar of Rhode Island may be

1-5

appointed nominated administrator/magistrate for a term of ten (10) years and until a successor is

1-6

appointed and qualified, by the presiding justice, governor, on the basis of merit, from a list

1-7

submitted by the judicial nominating commission, with the advice and consent of the senate, in

1-8

his or her capacity as administrative judge. Nothing herein shall be construed to prohibit the

1-9

assignment renomination of an administrator/magistrate to more than one such term, subject to

1-10

the advice and consent of the senate. Any magistrate in service as of January 1, 2008 who serves

1-11

at the pleasure of the presiding justice of the superior court may be appointed for a term of ten

1-12

(10) years with the advice and consent of the senate and until a successor is appointed and

1-13

qualified.

1-14

      (b) (1) The administrator/magistrate shall have the power to hear and determine such

1-15

matters as may be assigned to the administrator/magistrate by the presiding justice all to the same

1-16

effect as if done by a justice of the superior court.

1-17

      (2) Without limiting the generality of the foregoing powers and authority, the

1-18

administrator/magistrate is authorized and empowered to hear and determine motions in civil and

1-19

criminal proceedings, formal and special causes, to conduct arraignments, to grant or deny bail, to

1-20

accept pleas of not guilty, guilty, or nolo contendere, and to impose sentence on a plea of guilty

2-1

or nolo contendere, all to the same effect as if done by a justice of the superior court.

2-2

      (c) The administrator/magistrate may be authorized:

2-3

      (1) To regulate all proceedings before him or her;

2-4

      (2) To do all acts and take all measures necessary or proper for the efficient performance

2-5

of his or her duties;

2-6

      (3) To require the production before him or her of books, papers, vouchers, documents,

2-7

and writings;

2-8

      (4) To rule upon the admissibility of evidence;

2-9

      (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to

2-10

examine them, and to call parties to the proceeding and examine them upon oath;

2-11

      (6) To adjudicate a person in contempt and to order him or her imprisoned for not more

2-12

than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in

2-13

response to a summons or for refusal to answer questions or produce evidence or for behavior

2-14

disrupting a proceeding;

2-15

      (7) To adjudicate a party in contempt and to order him or her imprisoned for not more

2-16

than seventy-two (72) hours, pending review by a justice of the court, for failure to comply with a

2-17

pending order to provide payment or to perform any other act; and

2-18

      (8) To issue a capias and/or body attachment upon the failure of a party or witness to

2-19

appear after having been properly served and, should the court not be in session, the person

2-20

apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode

2-21

Island training school for youth, if a child, until the next session of the court.

2-22

      (d) A party aggrieved by an order entered by the administrator/magistrate shall be

2-23

entitled to a review of the order by a justice of the superior court. Unless otherwise provided in

2-24

the rules of procedure of the court, the review shall be on the record and appellate in nature. The

2-25

court shall, by rules of procedure, establish procedures for review of orders entered by the

2-26

administrator/magistrate, and for enforcement of contempt adjudications of the

2-27

administrator/magistrate.

2-28

      (e) Final orders of the superior court entered in a proceeding to review an order of the

2-29

administrator/magistrate may be appealed to the supreme court.

2-30

      (f) The administrator/magistrate shall be:

2-31

      (1) Governed by the commission on judicial tenure and discipline, chapter 16, of this

2-32

title, in the same manner as justices and judges;

2-33

      (2) Subject to all provisions of the canons of judicial ethics;

3-34

      (3) Subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

3-35

     8-2-39. General magistrate -- Appointment, duties and powers. -- (a) There is hereby

3-36

created within the superior court the position of general magistrate who shall be appointed

3-37

nominated by the presiding justice of the superior court, governor, on the basis of merit, from a

3-38

list submitted by the judicial nominating commission, with the advice and consent of the senate,

3-39

for a term of ten (10) years and until a successor is appointed and qualified. Nothing herein shall

3-40

be construed to prohibit the assignment of the general magistrate to more than one such term,

3-41

subject to the advice and consent of the senate. The person appointed to serve as general

3-42

magistrate shall be a member of the bar of Rhode Island. The powers and duties of the general

3-43

magistrate shall be prescribed in the order appointing him or her.

3-44

      (b) (1) The general magistrate shall assist the court in:

3-45

      (i) The determination of, monitoring, collection, and payment of restitution and court

3-46

ordered fines, fees, and costs or the ordering of community service in lieu of or in addition to the

3-47

payment of restitution, fines, fees, and costs, consistent with other provisions of the general laws;

3-48

      (ii) The determination and payment of claims under the violent crimes indemnity fund

3-49

for the Criminal Injuries Compensation Act of 1972, chapter 25 of title 12;

3-50

      (iii) The determination and payment of claims from the Criminal Royalties Distribution

3-51

Act of 1983, chapter 25.1 of title 12; and

3-52

      (iv) Such other matters as the presiding justice of the superior court determines are

3-53

necessary.

3-54

      (2) The chief justice of the supreme court, with the consent of the presiding justice and,

3-55

if applicable, the chief judge of a particular court, may assign the general magistrate to serve as a

3-56

magistrate in any court of the unified system. When the general magistrate is so assigned he or

3-57

she shall be vested, authorized, and empowered with all the powers belonging to the magistrate

3-58

position to which he or she is specially assigned.

3-59

      (c) The general magistrate will be empowered to hear all motions, pretrial conferences,

3-60

arraignments, probable cause hearings, bail hearings, bail and probation revocation hearings, and

3-61

to review all such matters including, but not limited to the above, and to modify the terms and

3-62

conditions of probation and other court-ordered monetary payments including, but not limited to,

3-63

the extension of time for probation and court-ordered monetary payments as provided by law.

3-64

The general magistrate shall have the power to take testimony in connection with all matters set

3-65

forth herein.

3-66

      (d) The general magistrate may be authorized:

3-67

      (1) To regulate all proceedings before him or her;

4-68

      (2) To do all acts and take all measures necessary or proper for the efficient performance

4-69

of his or her duties;

4-70

      (3) To require the production before him or her of books, papers, vouchers, documents,

4-71

and writings;

4-72

      (4) To rule upon the admissibility of evidence;

4-73

      (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to

4-74

examine them, and to call parties to the proceeding and examine them upon oath;

4-75

      (6) To adjudicate a person in contempt and to order him or her imprisoned for not more

4-76

than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to

4-77

appear in response to a summons or for refusal to answer questions or produce evidence or for

4-78

behavior disrupting a proceeding;

4-79

      (7) To adjudicate a party in contempt and to order him or her imprisoned for not more

4-80

than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to

4-81

comply with a pending order to provide payment or to perform any other act; and

4-82

      (8) To issue a capias and/or body attachment upon the failure of a party or witness to

4-83

appear after having been properly served and, should the court not be in session, the person

4-84

apprehended may be detained at the adult correctional institutions, if an adult, or at the Rhode

4-85

Island training school for youth, if a child, until the next session of the court.

4-86

      (e) A party aggrieved by an order entered by the general magistrate shall be entitled to a

4-87

review of the order by a justice of the relevant court. Unless otherwise provided in the rules of

4-88

procedure of the court, such review shall be on the record and appellate in nature. The court shall,

4-89

by rules of procedure, establish procedures for review of orders entered by a general magistrate,

4-90

and for enforcement of contempt adjudications of a general magistrate.

4-91

      (f) Final orders of the superior or family court entered in a proceeding to review an order

4-92

of a general magistrate may be appealed to the supreme court. Final orders of the district court

4-93

entered in a proceeding to review an order of the general magistrate may be appealed to the

4-94

superior court.

4-95

      (g) The general magistrate shall:

4-96

      (1) Receive all credits and retirement allowances as afforded justices under chapter 3 of

4-97

this title and any other applicable law, including without limitation, section 8-3-16;

4-98

      (2) Receive a salary equivalent to that of a district court judge;

4-99

      (3) Be governed by the commission on judicial tenure and discipline, chapter 16, of this

4-100

title, in the same manner as justices and judges;

4-101

      (4) Be subject to all provisions of the canons of judicial ethics or code of judicial

4-102

conduct;

5-1

      (5) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-

5-2

7-2.

5-3

      (h) The provisions of this section shall be afforded liberal construction.

5-4

      (i) The presiding justice of the superior court shall initially appoint such support staff as

5-5

may be necessary, relating to preparation, investigation, and implementation of the general

5-6

magistrate’s functions. Effective November 15, 1993, the support staff shall be placed under the

5-7

supervision and management of the superior court, and new appointments or personnel changes in

5-8

the support staff shall be subject to the directions and approval of the superior court, consistent

5-9

with any applicable collective bargaining agreements. The general magistrate shall have the

5-10

power and authority to issue subpoenas and to compel the attendance of witnesses at any place

5-11

within the state, to administer oaths and to require testimony under oath. The general magistrate,

5-12

or his or her designee, may serve his or her process or notices in a manner provided for the

5-13

service of process and notice in civil or criminal actions in accordance with the rules of court.

5-14

     8-2-39.1. Special magistrate. -- There is hereby created within the superior court the

5-15

position of special magistrate, who shall be appointed nominated by the presiding justice of the

5-16

superior court, governor, on the basis of merit, from a list submitted by the judicial nominating

5-17

commission, with the advice and consent of the senate, for a period of ten (10) years, and until a

5-18

successor is appointed and qualified. Nothing contained herein shall be construed to prohibit the

5-19

reappointment of a special magistrate for one or more additional ten (10) year terms, subject to

5-20

the advice and consent of the senate. The person appointed to serve as special magistrate shall be

5-21

a member of the bar of the state of Rhode Island. The special magistrate shall have the duties,

5-22

responsibilities, powers and benefits as authorized in section8-2-39.

5-23

     8-2-39.2. Drug court magistrate -- Appointment, duties and powers. -- (a) For the

5-24

purposes of this chapter:

5-25

      (1) "Non-violent" means and includes all charges that are not crimes of violence, the

5-26

following being a list of all charges considered to be crimes of violence for the purposes of this

5-27

section: murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, first

5-28

degree sexual assault, second degree sexual assault, first and second degree child molestation,

5-29

assault, assault with intent to murder, assault with intent to rob, assault with intent to commit first

5-30

degree sexual assault, entering a dwelling house with intent to commit murder, robbery, or sexual

5-31

assault.

5-32

      (2) "Drug addicted person" means a person who exhibits a maladaptive pattern of

5-33

behavior resulting from drug use, including one or more of the following: impaired control over

5-34

drug use; compulsive use; and/or continued use despite harm, and craving.

6-1

      (b) There is hereby created within the superior court the position of Drug Court

6-2

Magistrate who shall be appointed nominated by the presiding justice of the superior court

6-3

governor, on the basis of merit, from a list submitted by the judicial nominating commission, with

6-4

the advice and consent of the senate. The persons appointed to serve as Drug Court Magistrates

6-5

shall be members of the bar of Rhode Island. The powers and duties of the Drug Court Magistrate

6-6

shall be prescribed in the order appointing him or her in addition to those described herein.

6-7

      The Drug Court Magistrate's term shall be ten (10) years and until a successor is

6-8

appointed nominated and qualified. Nothing in this article shall prohibit a Drug Court Magistrate

6-9

from being reappointed renominated for additional ten (10) year terms by the presiding justice of

6-10

the superior court governor, on the basis of merit, from a list submitted by the judicial nominating

6-11

commission, with the advice and consent of the senate. He or she shall receive a salary equivalent

6-12

to that received by the special magistrate assigned to the superior court. The Drug Court

6-13

Magistrate shall preside over the Adult Drug Court. The Adult Drug Court Program shall

6-14

combine the coercive powers of the court with a therapeutic regimen in order to rehabilitate drug

6-15

addicted defendants.

6-16

      (c) The Drug Court Magistrate shall be empowered to hear and decide as a superior court

6-17

justice all matters relating to those adult offenders who come before the jurisdiction of the

6-18

superior court on any offense relating to the offender's participation in the Adult Drug Court. In

6-19

addition, the Drug Court Magistrate shall have the power to impose a period of incarceration

6-20

upon a plea of guilty or nolo contendere, and also have the power to confine any person who has

6-21

been found to be in violation of any conditions previously imposed by the superior court.

6-22

      (d) The Drug Court Magistrate shall make the final determination as to whether a

6-23

defendant is admitted into the program. Individuals meeting the following criteria, shall be

6-24

screened by staff working at the office of the attorney general upon the department's own referral,

6-25

upon a request by counsel entered on behalf of a defendant; upon request by a judge of the

6-26

superior or district court, or, in the case of a person waivable by the family court, by a judge of

6-27

that court, or the department of corrections for admittance into the Adult Drug Court:

6-28

      (1) The individual is charged with or convicted of an alcohol or drug related offense or

6-29

with an appropriate non-violent offense.

6-30

      (2) The individual has no pending charges or prior convictions for felony crimes of

6-31

violence.

6-32

      (3) The individual has no pending charges or prior convictions for delivery of a

6-33

controlled substance.

7-34

      (4) The defendant is a drug addicted person.

7-35

      (e) All individuals accepted into Drug Court will be bound by a Drug Court contract, as

7-36

defined by the Adult Drug Court, which sets forth the court's expectations, the role and

7-37

responsibilities of the Drug Court, the conditions imposed upon and the responsibilities of the

7-38

defendant, and the treatment plan goals and strategies. If a defendant fails to abide by the Drug

7-39

Court conditions and orders, he or she may be terminated from the program by the Drug Court

7-40

judge and sentenced as he or she deems appropriate.

7-41

      (f) The Drug Court Magistrate shall be empowered to hear and decide as a superior court

7-42

justice all matters that may come before the superior court pursuant to chapter 37.1 of title 11

7-43

"Sexual Offender Registration and Community Notification."

7-44

      (g) The Drug Court Magistrate and/or the presiding justice of the superior court may fix

7-45

the venue of any person who is before the superior court as a participant in the Adult Drug Court

7-46

or who is alleged to be a sexual predator, and who has filed an objection to community

7-47

notification.

7-48

      (h) In addition, at the discretion of the presiding justice of the superior court, the drug

7-49

court magistrate shall have the duties, responsibilities and powers authorized in subsections 8-2-

7-50

39(b), (c) and (d).

7-51

      (i) The Drug Court Magistrate shall be governed by the commission on judicial tenure

7-52

and discipline, chapter 16 of title 8 in the same manner as justices and judges; shall be subject to

7-53

all provisions of the canons of judicial ethics or code of judicial conduct; and shall be subject to

7-54

all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

7-55

      (j) A party aggrieved by an order entered by the Drug Court Magistrate shall be entitled

7-56

to a review of the order by a justice of the superior court. Unless otherwise provided in the rules

7-57

of procedure of the court, such review shall be on the record and appellate in nature. The superior

7-58

court shall, by rules of procedure, establish procedures for reviews of orders entered by a Drug

7-59

Court Magistrate, and for enforcement of contempt adjudications of a Drug Court Magistrate.

7-60

     SECTION 2. Sections 8-8-8.1 and 8-8-16.2 of the General Laws in Chapter 8-8 entitled

7-61

"District Court" are hereby amended to read as follows:

7-62

     8-8-8.1. Administrator/clerk -- Magistrate. -- (a) Administrator/clerk. - There shall be a

7-63

district court administrator/clerk who shall be appointed nominated by the chief judge in his or

7-64

her capacity as administrative head of the court, and who shall hold office at the pleasure of the

7-65

administrative judge. The administrator/clerk shall perform such duties and attend to such matters

7-66

as may be assigned to the administrator/clerk by the administrative judge, other than those duties

7-67

assigned to the chief clerk in section8-8-19. Said duties may be assigned by the chief judge.

8-68

      (b) Magistrate. - Any person holding the position of district court administrator/clerk

8-69

who is a member of the bar of Rhode Island may be appointed nominated district court magistrate

8-70

by the chief judge in his or her capacity as administrative head of the court, governor, on the basis

8-71

of merit, from a list submitted by the judicial nominating commission, subject to the advice and

8-72

consent of the senate. The district court magistrate shall hold said office for a term of ten (10)

8-73

years and until a successor is appointed and qualified; and the magistrate shall retain whatever

8-74

right he or she may have to the position of district court administrator/clerk pursuant to this

8-75

section. Nothing herein shall be construed to prohibit the appointment renomination of the

8-76

magistrate for more than one term, subject to the advice and consent of the senate. Any person

8-77

holding office of district court magistrate on July 1, 1999 may continue in full authority in said

8-78

position until such time as an appointment a nomination is made and the nominee qualified

8-79

pursuant to this subsection.

8-80

      (c) The district court magistrate shall have the power to hear and determine such matters

8-81

as may be assigned to the district court magistrate by the chief judge all to the same effect as if

8-82

done by a judge of the district court, including but not limited to:

8-83

      (1) Matters relating to the determination of, monitoring, collection, and payment of

8-84

restitution and court ordered fines, fees, and costs or the ordering of community service in lieu of

8-85

or in addition to the payment of restitution, fines, fees, and costs, consistent with other provisions

8-86

of the general laws;

8-87

      (2) Arraignments and pretrial motions in misdemeanor, petty misdemeanor, violation,

8-88

and ordinance cases and initial appearances and probable cause hearings in felony cases;

8-89

      (3) Bail hearings pursuant to R.I. Const., Art. I, Sec. IX and all other bail matters

8-90

pursuant to chapter 13 of title 12 and the rules of criminal procedure, including but not limited to

8-91

motions to modify bail, bail revocation hearings, bail forfeiture hearings, and bail source

8-92

hearings;

8-93

      (4) All matters relating to fugitives from justice pursuant to chapter 9 of title 12;

8-94

      (5) Probation revocation hearings;

8-95

      (6) All matters relating to small claims and consumer claims pursuant to chapter 16 of

8-96

title 10, including any pretrial motions including motions relating to the special service of

8-97

process, the entry of defaults and default judgments, the trial of such cases and the entry of

8-98

judgment after such trials, and all matters relating to the enforcement of such judgments,

8-99

including but not limited to the ordering of installment payments and trustee process; and

8-100

      (7) Complaints for judicial review of the decision of an administrative agency pursuant

8-101

to chapter 35 of title 42 by making proposed findings of fact and recommendations for the

8-102

disposition of the complaints to a judge of the court. Any party may object to any portion of the

9-1

magistrate's proposed findings and recommendations within ten (10) days after receipt of a copy

9-2

thereof. That party shall file with the clerk of the sixth division of the district court and serve on

9-3

all parties written objections which shall specifically identify the portions of the proposed

9-4

findings and recommendations to which objection is made and the basis for the objection. A

9-5

judge shall make a de novo determination of those portions to which objection is made and may

9-6

accept, reject, or modify, in whole or in part, the findings or recommendations made by the

9-7

magistrate. Absent a timely objection filed in accordance with this subdivision, the proposed

9-8

prevailing party shall, upon expiration of the ten (10) days following the service of the

9-9

magistrate's proposed findings and recommendations, submit a proposed order for signature of

9-10

the judge to whom the case has been assigned.

9-11

      (d) The magistrate may be authorized:

9-12

      (1) To regulate all proceedings before him or her;

9-13

      (2) To do all acts necessary or proper for the efficient performance of his or her duties;

9-14

      (3) To require the production before him or her of books, papers, vouchers, documents,

9-15

and writings;

9-16

      (4) To rule upon the admissibility of evidence;

9-17

      (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to

9-18

examine them, and to call parties to the proceeding and examine them upon oath;

9-19

      (6) To adjudicate a person in contempt and to order him or her fined or to order him or

9-20

her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court,

9-21

for failure to appear in response to a summons or for refusal to answer questions or produce

9-22

evidence or for behavior disrupting a proceeding or other contempt of his or her authority;

9-23

      (7) To adjudicate a person in contempt and to order him or her fined or to order him or

9-24

her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court,

9-25

for failure to comply with a pending order to provide payment or to perform any other act;

9-26

      (8) To issue a capias and/or body attachment for the failure of a party or witness to

9-27

appear after having been properly served or given notice by the court and, should the court not be

9-28

in session, the person apprehended may be detained at the adult correctional institution, if an

9-29

adult, or at the Rhode Island training school for youth, if a child, until the next session of the

9-30

court;

9-31

      (9) To issue writs of habeas corpus to bring before him or her or a judge of the court any

9-32

person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal,

9-33

pending before the court, or whose presence is necessary as a party or otherwise necessary so that

9-34

the ends of justice may be attained, and for no other purpose; and

10-1

      (10) To issue warrants of arrest and search warrants to the same extent as an associate

10-2

judge of the court.

10-3

      (e) Except as otherwise indicated, a party aggrieved by an order entered by the district

10-4

court magistrate shall be entitled to a review of the order, whether by appeal or otherwise, by a

10-5

judge of the court. The court shall, by rules of procedure, establish procedures for review of

10-6

contempt and adjudications of the magistrate.

10-7

      (f) The magistrate shall be:

10-8

      (1) Governed by the commission on judicial tenure and discipline, chapter 16 of this

10-9

title, in the same manner as justices and judges;

10-10

      (2) Subject to all provisions of the canons of judicial ethics;

10-11

      (3) Subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

10-12

      (g) The provisions of this section shall be afforded liberal construction.

10-13

     8-8-16.2. District court clerk/magistrate. -- (a) Any person who is a member of the bar

10-14

of Rhode Island may be appointed nominated district court clerk/magistrate by the chief judge in

10-15

his or her capacity as administrative head of the court, governor, on the basis of merit, from a list

10-16

submitted by the judicial nominating commission, subject to the advice and consent of the senate.

10-17

The district court clerk/magistrate shall hold that office for a term of ten (10) years and until a

10-18

successor is appointed nominated and qualified. Nothing herein shall be construed to prohibit the

10-19

assignment renomination of the district court clerk/magistrate to more than one such term, subject

10-20

to the advice and consent of the senate. The district court clerk/magistrate shall have the power to

10-21

hear and determine any matters that may be assigned to the district court clerk/magistrate by the

10-22

chief judge all to the same effect as if done by a judge of the district court, including, but not

10-23

limited to, matters relating to the determination of, monitoring, collection and payment of

10-24

restitution and court ordered fines, fees and costs or the ordering of community service in lieu of

10-25

or in addition to the payment of restitution, fines, fees and costs, consistent with other provisions

10-26

of the general laws.

10-27

      (b) The clerk/magistrate may be authorized:

10-28

      (1) To regulate all proceedings before him or her;

10-29

      (2) To do all acts necessary or proper for the efficient performance of his or her duties;

10-30

      (3) To require the production before him or her of books, papers, vouchers, documents

10-31

and writings;

10-32

      (4) To rule upon the admissibility of evidence;

10-33

      (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to

10-34

examine them and to call parties to the proceeding and examine them upon oath;

11-1

      (6) To adjudicate a person in contempt and to order him or her fined or to order him or

11-2

her imprisoned for not more than seventy-two (72) hours, for failure to appear in response to a

11-3

summons or for refusal to answer questions or produce evidence or for behavior disrupting a

11-4

proceeding or other contempt of his or her authority; provided; however, that no such

11-5

imprisonment shall occur prior to review by a judge of the court.

11-6

      (7) To adjudicate a person in contempt and to order him or her fined or to order him or

11-7

her imprisoned for not more than seventy-two (72) hours, for failure to comply with a pending

11-8

order to provide payment or to perform any other act; provided, however, that no such

11-9

imprisonment shall occurr occur prior to review by a judge of the court.

11-10

      (8) To issue a capias and/or body attachment for the failure of a party or witness to

11-11

appear after having been properly served or given notice by the court and, should the court not be

11-12

in session, the person apprehended may be detained at the adult correctional institutions, if an

11-13

adult, or at the Rhode Island training school for youth, if a child, until the next session of the

11-14

court;

11-15

      (9) To issue writs of habeas corpus to bring before him or her or a judge of the court any

11-16

person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal,

11-17

pending before the court, or whose presence is necessary as a party or otherwise necessary so that

11-18

the ends of justice may be attained, and for no other purpose; and

11-19

      (10) To issue warrants of arrest and search warrants to the same extent as an associate

11-20

judge of the court.

11-21

      (c) Except as otherwise indicated, a party aggrieved by an order entered by the district

11-22

court clerk/magistrate shall be entitled to a review of the order, whether by appeal or otherwise,

11-23

by a judge of the court. The court shall, by rules of procedure, establish procedures for review of

11-24

contempt and adjudications of the clerk/magistrate.

11-25

      (d) The district court clerk/magistrate shall:

11-26

      (1) Be governed by the commission on judicial tenure and discipline, pursuant to chapter

11-27

16 of this title, in the same manner as justices and judges;

11-28

      (2) Be subject to all provisions of the canons of judicial ethics;

11-29

      (3) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-

11-30

7-2.

11-31

      (4) Receive any salary that may be established by the state court administrator pursuant

11-32

to section 8-15-4. The provisions of this section shall be afforded liberal construction.

11-33

     SECTION 3. Section 8-8.2-1 of the General Laws in Chapter 8-8.2 entitled "Traffic

11-34

Tribunal" is hereby amended to read as follows:

12-1

     8-8.2-1. Establishment -- Rule-making authority -- Adjudication of violations. -- (a)

12-2

There is hereby established a traffic tribunal which shall be charged with the administration and

12-3

adjudication of traffic violations within its jurisdiction. The traffic tribunal shall be under the

12-4

supervision of the chief magistrate of the traffic tribunal, who shall be the administrative head of

12-5

the traffic tribunal and shall have the power to make rules for regulating practice, procedure and

12-6

business within the traffic tribunal. Pursuant to section 8-6-2, said rules shall be subject to the

12-7

approval of the supreme court. Such rules, when effective, shall supersede any statutory

12-8

regulation in conflict therewith. Any person who has been a member of the bar of Rhode Island

12-9

may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic

12-10

tribunal shall be appointed nominated by the chief justice of the supreme court, governor, on the

12-11

basis of merit, from a list submitted by the judicial nominating commission, with the advice and

12-12

consent of the senate, for a period of ten (10) years and until a successor is appointed nominated

12-13

and qualified. Nothing contained herein shall be construed to prohibit the reappointment

12-14

renomination of the chief magistrate for one or more ten (10) year terms subject to the advice and

12-15

consent of the senate. Compensation for the chief magistrate shall be equal to that of an associate

12-16

judge of the district court.

12-17

      (b) The judges and magistrates of the traffic tribunal shall hear and determine cases as

12-18

provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be

12-19

assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The

12-20

chief magistrate of the traffic tribunal may assign a judge or magistrate who is authorized to hear

12-21

and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic

12-22

tribunal and the administrative judge or magistrate shall perform such administrative duties as

12-23

may be delegated to him or her by the chief magistrate. Once assigned to the position, the

12-24

administrative judge or magistrate shall hold said administrative position for the remainder of his

12-25

or her respective term as a judge or magistrate of the traffic tribunal.

12-26

      (c) (1) Those judges of the administrative adjudication court in active service on July 1,

12-27

1999 shall serve within the traffic tribunal. Whenever the total number of judges and magistrates

12-28

in the traffic tribunal exclusive of the chief magistrate shall be less than seven (7), the chief

12-29

justice of the supreme court, with the advice and consent of the senate, may, as needed, assign a

12-30

duly qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall

12-31

submit his or her name to the senate for confirmation. In the event of a vacancy in the position of

12-32

chief magistrate, the chief justice of the supreme court shall appoint a successor in accordance

12-33

with subsection 8-8.2-1(a). Any magistrate assigned under this section shall serve a term of ten

12-34

(10) years and until a successor is appointed and qualified, and shall be in the unclassified service

13-1

of the state. Nothing herein shall be construed to prohibit the assignment of a magistrate to more

13-2

than one such term, subject to the advice and consent of the senate. Compensation for any such

13-3

magistrate shall be determined by the chief magistrate of the traffic tribunal subject to

13-4

appropriation by the general assembly but in no event shall the compensation be equal to or more

13-5

than that of an associate judge of the district court. Magistrates of the traffic tribunal shall

13-6

participate in the state retirement system in the same manner as all members of the unclassified

13-7

service.

13-8

      (2) If any judge of the traffic tribunal shall retire, or a vacancy becomes available

13-9

through death, disability or any other reason, the position shall be filled by a magistrate consistent

13-10

with the provisions of this section.

13-11

      (d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her

13-12

judicial duties, except as may be otherwise provided by law. He or she shall not practice law

13-13

while holding office, nor shall he or she be a partner or associate of any person in the practice of

13-14

law.

13-15

      (e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I.

13-16

Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme

13-17

court of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in

13-18

accordance with chapter 16 of this title; and to the administrative authority and control of the

13-19

chief justice of the supreme court in accordance with chapter 15 of this title, except that sections

13-20

8-15-3 and 8-15-3.1 shall not apply to judges of the traffic tribunal.

13-21

      (f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words

13-22

and devices as it shall adopt.

13-23

      (g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths

13-24

and affirmations.

13-25

      (h) Administrative/supervisory officials.

13-26

      (1) There shall be an assistant to the administrative magistrate of the traffic tribunal who

13-27

shall be appointed by and serve at the pleasure of the chief magistrate and who shall perform such

13-28

clerical and administrative duties as may be assigned to him or her by the chief magistrate of the

13-29

traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The assistant to

13-30

the administrative judge or magistrate shall have the power to administer oaths and affirmations

13-31

within the state.

13-32

      (2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at

13-33

the pleasure of the chief magistrate of the traffic tribunal; provided, however, that, effective July

13-34

1, 1999, the first clerk of the traffic tribunal shall be that person holding the position of

14-1

administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person

14-2

shall hold office for the balance of a term of twelve (12) years which began on September 1,

14-3

1992, without the necessity of appointment by the governor or advice and consent of the senate.

14-4

The clerk of the traffic tribunal shall exercise his or her functions under the direction and control

14-5

of the chief magistrate of the traffic tribunal and the administrative judge or magistrate of the

14-6

traffic tribunal. The clerk of the traffic tribunal shall have the power to administer oaths and

14-7

affirmations within the state.

14-8

      (i) Clerical Personnel/Court Recorders.

14-9

      (1) The chief magistrate of the traffic tribunal shall appoint deputy clerks and assistance

14-10

clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer oaths

14-11

and affirmations within the state.

14-12

      (2) The chief magistrate of the traffic tribunal shall appoint sufficient court recorders to

14-13

enable all proceedings to be recorded by electronic means and who shall assist in such other

14-14

clerical duties as may be prescribed from time to time by the chief magistrate of the traffic

14-15

tribunal.

14-16

      (3) The chief magistrate of the traffic tribunal shall employ such clerical assistants in

14-17

addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties.

14-18

     SECTION 4. Sections 8-10-3.1 and 8-10-3.2 of the General Laws in Chapter 8-10

14-19

entitled "Family Court" are hereby amended to read as follows:

14-20

     8-10-3.1. Magistrates -- Appointment, duties, and powers. -- (a) The chief judge of the

14-21

family court governor may appoint nominate magistrates, with the advice and consent of the

14-22

senate, to assist the court in the conduct of its business. A person appointed nominated to serve as

14-23

a magistrate shall be a member of the bar of Rhode Island and shall be chosen on the basis of

14-24

merit, from a list submitted by the judicial nominating commission. The powers and duties of

14-25

magistrates shall be prescribed in the order appointing nominating them.

14-26

      (b) In addition, magistrates may assist the court in:

14-27

      (1) the enforcement and implementation of chapter 23.1 of title 15,

14-28

      (2) the determination of matters that come before the court pursuant to section8-10-4,

14-29

chapter 1 of title 14, chapters 5, 7, 8, 9, 10 and 16 of title 15, chapter 19 of title 16, chapter 11 of

14-30

title 40, and chapter 5 of title 40.1.

14-31

      Magistrates shall be empowered to hear and determine all motions, pretrial conferences,

14-32

arraignments of juvenile offenders, probable cause hearings, and review of all such matters,

14-33

including but not limited to, the temporary placement, custody, disposition and adoption of

14-34

children, orders of support, final divorce decrees, and the taking of testimony in conducting all

15-1

hearings relative thereto subject to the review provided for in subsection (d).

15-2

      (c) The magistrates shall serve a term of ten (10) years and until a successor is appointed

15-3

nominated and qualified and his or her powers and duties shall be prescribed in the order

15-4

appointing nominating him or her or in the rules of procedure of the family court. Any magistrate

15-5

in service as of January 1, 2008 who serves at the pleasure of the chief judge of the family court

15-6

may be appointed nominated by the governor for a term of ten (10) years with the advice and

15-7

consent of the senate and until a successor is appointed nominated and qualified. Nothing herein

15-8

shall be construed to prohibit the assignment renomination of a magistrate to more than one such

15-9

term, subject to the advice and consent of the senate. The magistrates may be authorized:

15-10

      (1) To regulate all proceedings before him or her;

15-11

      (2) To do all acts and take all measures necessary or proper for the efficient performance

15-12

of his or her duties;

15-13

      (3) To require the production before him or her of books, papers, vouchers, documents,

15-14

and writings;

15-15

      (4) To rule upon the admissibility of evidence;

15-16

      (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to

15-17

examine them, and to call parties to the proceeding and examine them upon oath;

15-18

      (6) To adjudicate a person in contempt and to order him or her imprisoned for not more

15-19

than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in

15-20

response to a summons or for refusal to answer questions or produce evidence or for behavior

15-21

disrupting a proceeding;

15-22

      (7) To adjudicate a party in contempt and to order him or her imprisoned for not more

15-23

than seventy-two (72) hours, pending review by a justice of the court, for failure to comply with a

15-24

pending order to provide support or to perform any other act; and

15-25

      (8) To issue a capias and/or body attachment upon the failure of a party or witness to

15-26

appear after having been properly served and, should the family court not be in session, the

15-27

person apprehended may be detained at the adult correctional institution, if an adult, or at the

15-28

Rhode Island training school for youth, if a child, until the next session of the family court.

15-29

      (d) A party aggrieved by an order entered by a magistrate shall be entitled to a review of

15-30

the order by a justice of the family court. Unless otherwise provided in the rules of procedure of

15-31

the family court, such review shall be on the record and appellate in nature. The family court shall

15-32

by rules of procedure establish procedures for review of orders entered by a magistrate, and for

15-33

enforcement of contempt adjudications of a magistrate.

16-34

      (e) Final orders of the family court entered in a proceeding to review an order of a

16-35

magistrate may be appealed to the supreme court.

16-36

      (f) The magistrates shall be empowered to hear de novo all applications for income

16-37

withholding pursuant to chapter 16 of title 15 and appeals of administrative agency orders of the

16-38

department of human services to withhold income under chapter 16 of title 15.

16-39

      (g) The magistrates shall be empowered to hear all matters relating to the revocation or

16-40

nonrenewal of a license of an obligor due to non-compliance with a court order of support, in

16-41

accordance with chapter 11.1 of title 15.

16-42

      (h) The magistrates may be authorized by the chief judge to hear those matters on the

16-43

domestic abuse prevention calendar and the nominal calendar.

16-44

      [See section12-1-15 of the General Laws.]

16-45

     8-10-3.2. General magistrate of the family court. -- (a) There is hereby created within

16-46

the family court the position of general magistrate of the family court who shall be appointed

16-47

nominated by the chief judge of the family court governor, on the basis of merit, from a list

16-48

submitted by the judicial nominating commission, with the advice and consent of the senate for a

16-49

term of ten (10) years and until a successor is appointed nominated and qualified. Nothing herein

16-50

shall be construed to prohibit the assignment renomination of the general magistrate to more than

16-51

one such term, subject to the advice and consent of the senate.

16-52

      (b) The general magistrate shall be an attorney at law and a member in good standing of

16-53

the Rhode Island bar.

16-54

      (c) The primary function of the general magistrate shall be the enforcement of child

16-55

support decrees, orders, and law relative to child support. The general magistrate shall have all

16-56

the authority and powers vested in magistrates by virtue of sections 8-10-3, 8-10-3.1, 9-15-19, 9-

16-57

15-21, 9-14-26, 9-18-8, 9-18-9, and 36-2-3, and any other authority conferred upon magistrates

16-58

by any general or public law or by any rule of procedure or practice of any court within the state.

16-59

      (d) The chief justice of the supreme court with the agreement of the chief judge of the

16-60

family court may specially assign the general magistrate to any court of the unified judicial

16-61

system; provided, however, that the general magistrate may be assigned to the superior court

16-62

subject to the prior approval of the presiding justice of the superior court. When the general

16-63

magistrate is so assigned he or she shall be vested, authorized, and empowered with all the

16-64

powers belonging to the magistrates of the court to which he or she is specially assigned.

16-65

      (e) The general magistrate shall:

16-66

      (1) Receive all credits and retirement allowances as afforded justices under chapter 3 of

16-67

this title and any other applicable law;

17-68

      (2) Be governed by the commission on judicial tenure and discipline, chapter 16 of this

17-69

title, in the same manner as justices and workers' compensation judges;

17-70

      (3) Be entitled to a special license plate under section 31-3-47;

17-71

      (4) Receive a salary equivalent to that of a district court judge;

17-72

      (5) Be subject to all the provisions of the canons of judicial ethics; and

17-73

      (6) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-

17-74

7-2.

17-75

      (f) The general magistrate of the family court who shall at the time of passage of this

17-76

section hold the position of general magistrate, shall upon retirement, at his or her own request

17-77

and at the direction of the chief justice of the supreme court, subject to the retiree's physical and

17-78

mental competence, be assigned to perform such services as general magistrate of the family

17-79

court, as the chief judge of the family court shall prescribe. When so assigned and performing

17-80

such service, the general magistrate shall have all the powers and authority of general magistrate

17-81

of the family court, but otherwise shall have no powers nor be authorized to perform any judicial

17-82

duties. For any such service or assignments performed after retirement, the general magistrate

17-83

shall receive no compensation whatsoever, either monetary or in kind. Such a retired general

17-84

magistrate shall not be counted in the number of judicial officers provided by law for the family

17-85

court.

17-86

      (g) The provisions of this section shall be afforded liberal construction.

17-87

     SECTION 5. Section 8-16.1-6 of the General Laws in Chapter 8-16.1 entitled "Judicial

17-88

Selection" is hereby amended to read as follows:

17-89

     8-16.1-6. Nomination and appointment of judges. [Repealed effective June 30, 2013.]

17-90

-- (a) (1) The governor shall immediately notify the commission of any vacancy or prospective

17-91

vacancy of a judge or magistrate of any state court other than the Rhode Island supreme court.

17-92

The commission shall advertise for each vacancy and solicit prospective candidates and shall

17-93

consider names submitted from any source. Within ninety (90) days of any vacancy the

17-94

commission shall publicly submit the names of not less than three (3) and not more than five (5)

17-95

highly qualified persons for each vacancy to the governor.

17-96

      (2) Notwithstanding any other law to the contrary, any individual whose name was

17-97

publicly submitted to the governor by the commission as described in subsection (1) above, shall

17-98

also be eligible for subsequent nomination by the governor for any vacancy or prospective

17-99

vacancy of a judge or magistrate in the same court for which that particular individual had

17-100

previously applied except for a vacancy in the position of presiding justice, chief justice, or chief

17-101

judge.

18-102

      (3) Such individuals shall remain eligible for nomination to fill any vacancy or

18-103

prospective vacancy within the same court to which they previously applied for a period of five

18-104

(5) years from the date their name or names were publicly submitted to the governor by the

18-105

commission unless such individuals withdraw from future consideration in writing to the judicial

18-106

nominating commission. However, such individuals must reapply for any subsequent vacancy or

18-107

prospective vacancy in the same court for the position of presiding justice, chief justice, or chief

18-108

judge.

18-109

      (4) Subject to the eligibility requirements set forth above, the governor shall fill any

18-110

vacancy of any judge or magistrate of the Rhode Island superior court, family court, district court,

18-111

workers' compensation court, or any other state court which the general assembly may from time

18-112

to time establish, by nominating one of the three (3) to five (5) highly qualified persons

18-113

forwarded to him or her by the commission for the court where the vacancy occurs, or by

18-114

nominating another individual who has previously applied for a vacancy or prospective vacancy

18-115

within the same court and whose name had been previously publicly submitted to the governor

18-116

within the previous five (5) years.

18-117

      (b) The governor shall fill any vacancy within twenty-one (21) days of the public

18-118

submission by the commission.

18-119

      (c) Each nomination shall be delivered forthwith to the secretary of the senate for

18-120

presentation to the senate, and by and with the advice and consent of the senate, each nominee

18-121

shall be appointed by the governor to serve subject to the general laws. The senate shall, after

18-122

seven (7) calendar days of receipt of the nomination consider the nomination, but if the senate

18-123

fails within ninety (90) days after the submission to confirm the nominee or if the senate does not

18-124

by a majority vote of its members extend the deliberation an additional seven (7) calendar days,

18-125

the governor shall appoint some other person to fill the vacancy and shall submit his or her

18-126

appointment to the senate for confirmation in like manner until the senate shall confirm the

18-127

nomination. If the nominee is rejected by the senate, the commission shall submit a new list of

18-128

three (3) to five (5) candidates to the governor for the purpose of nomination in accordance with

18-129

this chapter. Any new list may include but need not be limited to the names of any candidates

18-130

who were previously submitted to the governor by the commission but who were not forwarded

18-131

to the senate for its advice and consent.

18-132

      (d) During the time for consideration of the nominees by the senate, the senate judiciary

18-133

committee shall conduct an investigation and public hearing on the question of the qualifications

18-134

of the nominee or nominees. At the public hearing, the testimony of every witness shall be taken

18-135

under oath and stenographic records shall be taken and maintained. Further, the senate judiciary

18-136

committee shall during the course of its investigation and hearing have the power upon majority

19-1

vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and

19-2

orders for the production of books, accounts, papers, records, and documents which shall be

19-3

signed and issued by the chairperson of the committee, or the person serving in his or her

19-4

capacity. All such subpoenas and orders shall be served as subpoenas in civil cases in the superior

19-5

court are served, and witnesses so subpoenaed shall be entitled to the same fees for attendance

19-6

and travel as provided for witnesses in civil cases in the superior court. If the person subpoenaed

19-7

to attend before the committee fails to obey the command of the subpoena without reasonable

19-8

cause, refuse to be sworn, or to be examined, or to answer a legal and pertinent question, or if any

19-9

person shall refuse to produce books, accounts, papers, records, and documents material to the

19-10

issue, set forth in an order duly served on him or her, the committee by majority vote of the

19-11

committee members present may apply to any justice of the superior court, for any county, upon

19-12

proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than

19-13

five (5) days, directing the person to show cause before the justice who made the order or any

19-14

other justice of the superior court, why he or she should not be adjudged in contempt. Upon the

19-15

return of the order, the justice before whom the matter is brought on for hearing shall examine

19-16

under oath the person, and the person shall be given an opportunity to be heard, and if the justice

19-17

shall determine that the person has refused without reasonable cause or legal excuse to be

19-18

examined or to answer a legal and pertinent question, or to produce books, accounts, papers,

19-19

records, and documents material to the issue which he or she was ordered to bring or produce, he

19-20

or she may forthwith commit the offender to the adult correctional institution, there to remain

19-21

until the person submits to do the act which he or she was so required to do, or is discharged

19-22

according to law.

19-23

      (e) The committee shall, for the purpose of investigating the qualifications of the

19-24

nominee or nominees, be furnished with a report compiled by the state police in conjunction with

19-25

the attorney general's office indicating the determinations and findings of the state police and

19-26

attorney general's office investigations concerning the background of the nominee or nominees,

19-27

and the report shall include, but not be limited to, the following:

19-28

      (1) Whether the nominee has ever been convicted of or pleaded guilty to a misdemeanor

19-29

or felony in this or any other state or foreign country;

19-30

      (2) Whether the nominee has ever filed a personal bankruptcy petition or an assignment

19-31

for the benefit of creditors in this or any other state or foreign country; and whether the nominee

19-32

has ever been a partner in, held ten percent (10%) or more of stock in, or held office in any sole

19-33

proprietorship, partnership, or corporation that has been involved in bankruptcy or receivership

19-34

actions as a debtor or because of insolvency at the time the nominee was a partner in, held ten

20-1

percent (10%) or more stock in, or held office in any such sole proprietorship, partnership, or

20-2

corporation;

20-3

      (3) Whether the nominee has ever had a civil judgment rendered against him or her

20-4

arising out of an allegation of fraud, misrepresentation, libel, slander, professional negligence, or

20-5

any intentional tort in this state or any other state or foreign country;

20-6

      (4) The state police in conjunction with the attorney general's department shall provide

20-7

in their report the names and addresses of each and every source of their information.

20-8

      (f) The reports set forth in this section shall be delivered to the chairperson and members

20-9

of the senate judiciary committee in addition to the nominee or nominees only prior to the

20-10

commencement of the public hearing. Provided, however, that if the nominee or nominees

20-11

withdraw or decline the appointment prior to the public hearing then the report or reports shall be

20-12

returned to the chairperson of the judiciary committee and destroyed.

20-13

      (g) The committee shall also require a financial statement to be submitted by each

20-14

nominee, prior to the public hearing, to the chairperson of the senate judiciary committee, to

20-15

investigate each nominee to determine his or her compliance with the provisions of chapter 14 of

20-16

title 36.

20-17

      (h) Any associate justice of any state court who is appointed to serve as the chief or

20-18

presiding justice of that court on an interim basis shall retain his or her status as an associate

20-19

justice until the appointment to chief or presiding justice is made permanent.

20-20

      (i) In case a vacancy shall occur when the senate is not in session, the governor shall

20-21

appoint some person from a list of three (3) to five (5) persons submitted to the governor by the

20-22

commission to fill the vacancy until the senate shall next convene, when the governor shall make

20-23

an appointment as provided in this section.

20-24

     8-16.1-6. Nomination and appointment of judges. [Effective June 30, 2013.] -- (a) The

20-25

governor shall immediately notify the commission of any vacancy or prospective vacancy of a

20-26

judge or magistrate of any state court other than the Rhode Island supreme court. The commission

20-27

shall advertise for each vacancy and solicit prospective candidates and shall consider names

20-28

submitted from any source. Within ninety (90) days of any vacancy the commission shall publicly

20-29

submit the names of not less than three (3) and not more than five (5) highly qualified persons for

20-30

each vacancy to the governor. The governor shall fill any vacancy of any judge or magistrate of

20-31

the Rhode Island superior court, family court, district court, workers' compensation court, or any

20-32

other state court which the general assembly may from time to time establish, by nominating one

20-33

of the three (3) to five (5) highly qualified persons forwarded to him or her by the commission for

20-34

the court where the vacancy occurs.

21-1

      (b) The governor shall fill any vacancy within twenty-one (21) days of the public

21-2

submission by the commission.

21-3

      (c) Each nomination shall be forwarded forthwith to the senate, and by and with the

21-4

advice and consent of the senate, each nominee shall be appointed by the governor to serve

21-5

subject to the general laws. The senate shall, after seven (7) calendar days of receipt of the

21-6

nomination consider the nomination, but if the senate fails within ninety (90) days after the

21-7

submission to confirm the nominee or if the senate does not by a majority vote of its members

21-8

extend the deliberation an additional seven (7) calendar days, the governor shall appoint some

21-9

other person to fill the vacancy and shall submit his or her appointment to the senate for

21-10

confirmation in like manner until the senate shall confirm the nomination. If the nominee is

21-11

rejected by the senate, the commission shall submit a new list of three (3) to five (5) candidates to

21-12

the governor for the purpose of nomination in accordance with this chapter. Any new list may

21-13

include but need not be limited to the names of any candidates who were previously submitted to

21-14

the governor by the commission but who were not forwarded to the senate for its advice and

21-15

consent.

21-16

      (d) During the time for consideration of the nominees by the senate, the senate judiciary

21-17

committee shall conduct an investigation and public hearing on the question of the qualifications

21-18

of the nominee or nominees. At the public hearing, the testimony of every witness shall be taken

21-19

under oath and stenographic records shall be taken and maintained. Further, the senate judiciary

21-20

committee shall during the course of its investigation and hearing have the power upon majority

21-21

vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and

21-22

orders for the production of books, accounts, papers, records, and documents which shall be

21-23

signed and issued by the chairperson of the committee, or the person serving in his or her

21-24

capacity. All such subpoenas and orders shall be served as subpoenas in civil cases in the superior

21-25

court are served, and witnesses so subpoenaed shall be entitled to the same fees for attendance

21-26

and travel as provided for witnesses in civil cases in the superior court. If the person subpoenaed

21-27

to attend before the committee fails to obey the command of the subpoena without reasonable

21-28

cause, refuse to be sworn, or to be examined, or to answer a legal and pertinent question, or if any

21-29

person shall refuse to produce books, accounts, papers, records, and documents material to the

21-30

issue, set forth in an order duly served on him or her, the committee by majority vote of the

21-31

committee members present may apply to any justice of the superior court, for any county, upon

21-32

proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than

21-33

five (5) days, directing the person to show cause before the justice who made the order or any

21-34

other justice of the superior court, why he or she should not be adjudged in contempt. Upon the

22-1

return of the order, the justice before whom the matter is brought on for hearing shall examine

22-2

under oath the person, and the person shall be given an opportunity to be heard, and if the justice

22-3

shall determine that the person has refused without reasonable cause or legal excuse to be

22-4

examined or to answer a legal and pertinent question, or to produce books, accounts, papers,

22-5

records, and documents material to the issue which he or she was ordered to bring or produce, he

22-6

or she may forthwith commit the offender to the adult correctional institution, there to remain

22-7

until the person submits to do the act which he or she was so required to do, or is discharged

22-8

according to law.

22-9

      (e) The committee shall, for the purpose of investigating the qualifications of the

22-10

nominee or nominees, be furnished with a report compiled by the state police in conjunction with

22-11

the attorney general's office indicating the determinations and findings of the state police and

22-12

attorney general's office investigations concerning the background of the nominee or nominees,

22-13

and the report shall include, but not be limited to, the following:

22-14

      (1) Whether the nominee has ever been convicted of or pleaded guilty to a misdemeanor

22-15

or felony in this or any other state or foreign country;

22-16

      (2) Whether the nominee has ever filed a personal bankruptcy petition or an assignment

22-17

for the benefit of creditors in this or any other state or foreign country; and whether the nominee

22-18

has ever been a partner in, held ten percent (10%) or more of stock in, or held office in any sole

22-19

proprietorship, partnership, or corporation that has been involved in bankruptcy or receivership

22-20

actions as a debtor or because of insolvency at the time the nominee was a partner in, held ten

22-21

percent (10%) or more stock in, or held office in any such sole proprietorship, partnership, or

22-22

corporation;

22-23

      (3) Whether the nominee has ever had a civil judgment rendered against him or her

22-24

arising out of an allegation of fraud, misrepresentation, libel, slander, professional negligence, or

22-25

any intentional tort in this state or any other state or foreign country;

22-26

      (4) The state police in conjunction with the attorney general's department shall provide

22-27

in their report the names and addresses of each and every source of their information.

22-28

      (f) The reports set forth in this section shall be delivered to the chairperson and members

22-29

of the senate judiciary committee in addition to the nominee or nominees only prior to the

22-30

commencement of the public hearing. Provided, however, that if the nominee or nominees

22-31

withdraw or decline the appointment prior to the public hearing then the report or reports shall be

22-32

returned to the chairperson of the judiciary committee and destroyed.

22-33

      (g) The committee shall also require a financial statement to be submitted by each

22-34

nominee, prior to the public hearing, to the chairperson of the senate judiciary committee, to

23-1

investigate each nominee to determine his or her compliance with the provisions of chapter 14 of

23-2

title 36.

23-3

      (h) Any associate justice of any state court who is appointed to serve as the chief or

23-4

presiding justice of that court on an interim basis shall retain his or her status as an associate

23-5

justice until the appointment to chief or presiding justice is made permanent.

23-6

      (i) In case a vacancy shall occur when the senate is not in session, the governor shall

23-7

appoint some person from a list of three (3) to five (5) persons submitted to the governor by the

23-8

commission to fill the vacancy until the senate shall next convene, when the governor shall make

23-9

an appointment as provided in this section.

23-10

     SECTION 6. This act shall take effect upon passage.

=======

LC01895

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS

***

24-1

     This act would vest with the governor the sole authority to nominate, on the basis of

24-2

merit, from a list submitted by the judicial nominating commission with the advice and consent of

24-3

the senate, all judges and magistrates, to all courts.

24-4

     This act would take effect upon passage.

=======

LC01895

=======