2022 -- S 2899

========

LC005721

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- DISTRICT COURT

     

     Introduced By: Senators McCaffrey, Coyne, and F Lombardi

     Date Introduced: April 26, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 8-8-8.1 and 8-8-16.2 of the General Laws in Chapter 8-8 entitled

2

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

3

     8-8-8.1. Administrator/clerk -- Magistrate.

4

     (a) Administrator/clerk. There shall be a district court administrator/clerk who shall be

5

appointed by the chief judge in his or her capacity as administrative head of the court, and who

6

shall hold office at the pleasure of the administrative judge. The administrator/clerk shall perform

7

such duties and attend to such matters as may be assigned to the administrator/clerk by the

8

administrative judge, other than those duties assigned to the chief clerk in § 8-8-19. Said duties

9

may be assigned by the chief judge.

10

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

11

a member of the bar of Rhode Island may be appointed district court magistrate by the chief judge

12

in his or her capacity as administrative head of the court, subject to the advice and consent of the

13

senate. The district court magistrate shall hold said office for a term of ten (10) years and until a

14

successor is appointed and qualified; and the magistrate shall retain whatever right he or she may

15

have to the position of district court administrator/clerk pursuant to this section. Nothing herein

16

shall be construed to prohibit the appointment of the magistrate for more than one term, subject to

17

the advice and consent of the senate. Any person holding office of district court magistrate on July

18

1, 1999 may continue in full authority in said position until such time as an appointment is made

19

and the nominee qualified pursuant to this subsection.

 

1

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

2

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

3

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

4

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

5

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

6

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

7

of the general laws;

8

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

9

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

10

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

11

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

12

modify bail, bail revocation hearings, bail forfeiture hearings, and bail source hearings;

13

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

14

     (5) Probation revocation hearings;

15

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

16

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

17

entry of defaults and default judgments, the trial of such cases and the entry of judgment after such

18

trials, and all matters relating to the enforcement of such judgments, including but not limited to

19

the ordering of installment payments and trustee process; and

20

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

21

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

22

of the complaints to a judge of the court. Any party may object to any portion of the magistrate's

23

proposed findings and recommendations within ten (10) days after receipt of a copy thereof. That

24

party shall file with the clerk of the sixth division of the district court and serve on all parties written

25

objections which shall specifically identify the portions of the proposed findings and

26

recommendations to which objection is made and the basis for the objection. A judge shall make a

27

de novo determination of those portions to which objection is made and may accept, reject, or

28

modify, in whole or in part, the findings or recommendations made by the magistrate. Absent a

29

timely objection filed in accordance with this subdivision, the proposed prevailing party shall, upon

30

expiration of the ten (10) days following the service of the magistrate's proposed findings and

31

recommendations, submit a proposed order for signature of the judge to whom the case has been

32

assigned.

33

     (d) The magistrate may be authorized:

34

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

 

LC005721 - Page 2 of 9

1

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

2

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

3

and writings;

4

     (4) To rule upon the admissibility of evidence;

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

of the court.

24

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

25

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

26

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

27

adjudications of the magistrate.

28

     (f) The magistrate shall be:

29

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

30

in the same manner as justices and judges;

31

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

32

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

33

     (g) Any district court magistrate who has been engaged for a period of twenty (20) years

34

and has reached the age of sixty (60) years, may upon retirement, at his or her own request and at

 

LC005721 - Page 3 of 9

1

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

2

competence, be assigned to perform such services as a magistrate of the district court as the chief

3

judge of the district court shall prescribe. When so assigned and performing such service, the

4

district court clerk/magistrate shall have all the powers and authority of a magistrate of the district

5

court but otherwise shall have no powers nor be authorized to perform any judicial duties. Such a

6

retired district court magistrate shall not be counted in the number of magistrates provided by law

7

for the district court.

8

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

9

     8-8-16.2. District court clerk/magistrate.

10

     (a) Any person who is a member of the bar of Rhode Island may be appointed district court

11

clerk/magistrate by the chief judge in his or her capacity as administrative head of the court, subject

12

to the advice and consent of the senate. The district court clerk/magistrate shall hold that office for

13

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

14

construed to prohibit the assignment of the district court clerk/magistrate to more than one such

15

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

16

the power to hear and determine any matters that may be assigned to the district court

17

clerk/magistrate by the chief judge all to the same effect as if done by a judge of the district court,

18

including, but not limited to, matters relating to the determination of, monitoring, collection and

19

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

20

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

21

provisions of the general laws.

22

     (b) The clerk/magistrate may be authorized:

23

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

24

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

25

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

26

writings;

27

     (4) To rule upon the admissibility of evidence;

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

LC005721 - Page 4 of 9

1

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

2

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

3

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

4

occur prior to review by a judge of the court.

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

of the court.

15

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

16

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

17

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

18

contempt and adjudications of the clerk/magistrate.

19

     (d) The district court clerk/magistrate shall:

20

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

21

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

22

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

23

     (3) Be subject to all criminal laws relative to judges by virtue of §§ 11-7-1 and 11-7-2.

24

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

25

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

26

     (e) Any district court clerk/magistrate who has been engaged for a period of twenty (20)

27

years and has reached the age of sixty (60) years, may upon retirement, at his or her own request

28

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

29

mental competence, be assigned to perform such services as a magistrate of the district court as the

30

chief judge of the district court shall prescribe. When so assigned and performing such service, the

31

district court clerk/magistrate shall have all the powers and authority of a magistrate of the district

32

court but otherwise shall have no powers nor be authorized to perform any judicial duties. Such a

33

retired district court clerk/magistrate shall not be counted in the number of magistrates provided by

34

law for the district court.

 

LC005721 - Page 5 of 9

1

     SECTION 2. Section 36-10-36 of the General Laws in Chapter 36-10 entitled "Retirement

2

System - Contributions and Benefits" is hereby amended to read as follows:

3

     36-10-36. Post-retirement employment.

4

     (a) On and after July 7, 1994, no member who has retired under the provisions of titles 16,

5

36, or 45 may be employed or reemployed by any state agency or department unless any and all

6

retirement benefits to which he or she may be entitled by virtue of the provisions of titles 16, 36,

7

or 45 are suspended for the duration of any employment or reemployment. No additional service

8

credits shall be granted for any post-retirement employment or reemployment and no deductions

9

shall be taken from an individual's salary for retirement contribution. Notice of any such post-

10

retirement employment or reemployment shall be sent monthly to the retirement board by the

11

employing agency or department and by the retired member.

12

     (b) Any member who has retired under the provisions of titles 16, 36, or 45 may be

13

employed or reemployed by any municipality within the state that has accepted the provisions of

14

chapter 21 of title 45 and participates in the municipal employees' retirement system for a period

15

of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day

16

pay in any one calendar year without any forfeiture or reduction of any retirement benefits and

17

allowances the member is receiving, or may receive, as a retired member. Pension payments shall

18

be suspended whenever this period is exceeded. No additional contributions shall be taken, and no

19

additional service credits shall be granted, for this service. Notice of this employment or

20

reemployment shall be sent monthly to the retirement board by the employer and by the retired

21

member.

22

     (c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed

23

or reemployed by any municipality within the state that has not accepted the provisions of chapter

24

21 of title 45 and that does not participate in the municipal employees' retirement system.

25

     (d) Notwithstanding the provisions of this section:

26

     (1) Any retired member of the system shall be permitted to serve as an elected mayor, the

27

town administrator, the city administrator, the town manager, the city manager, the chief

28

administrative officer, or the chief executive officer of any city or town, city or town council

29

member, school committee member, or unpaid member of any part-time state board or commission

30

or member of any part-time municipal board or commission, and shall continue to be eligible for,

31

and receive, the retirement allowance for service other than that as a mayor, administrator, council

32

member, school committee member, or member of any state board or commission or member of

33

any part-time municipal board or commission; provided, however, that no additional service credits

34

shall be granted for any service under this subsection;

 

LC005721 - Page 6 of 9

1

     (2) Any retired member, who retired from service at any state college, university, state

2

school, or who retired from service as a teacher under the provisions of title 16, or who retired from

3

service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state

4

college, university, or state school for the purpose of providing classroom instruction, academic

5

advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the

6

salary provided to other faculty members employed under a collective bargaining agreement at the

7

institution. In no event shall "part-time" mean gross pay of more than eighteen thousand dollars

8

($18,000) in any one calendar year. Any retired member who provides such instruction or service

9

shall do so without forfeiture or reduction of any retirement benefit or allowance; provided,

10

however, that no additional service credits shall be granted for any service under this subsection;

11

     (3) Any retired member who retired from service as a teacher under the provisions of title

12

16, or as a state employee who, while an active state employee, was certified to teach driver

13

education by the department of elementary and secondary education or by the board of governors

14

for higher education, may be employed or reemployed, on a part-time basis, by the department of

15

elementary and secondary education or by the board of governors of higher education for the

16

purpose of providing classroom instruction in driver education courses in accordance with § 31-

17

10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event

18

shall "part-time" mean gross pay of more than fifteen thousand dollars ($15,000) in any one

19

calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or

20

reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher;

21

provided, however, that no additional service credits shall be granted for any service under this

22

subsection;

23

     (4) Any retired member who retired from service as a registered nurse may be employed

24

or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or

25

services at a state-operated facility in Rhode Island, including employment as a faculty member of

26

a nursing program at a state-operated college or university. In no event shall "part-time" mean gross

27

pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days

28

with half pay in any one calendar year. Any retired nurse who provides such care and/or services

29

shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse

30

is receiving as a retired nurse; provided, however, that no additional service credits shall be granted

31

for any service under this subsection. Pension payments shall be suspended whenever this period

32

is exceeded. No additional contributions shall be taken and no additional service credits shall be

33

granted for this service. Notice of this employment or reemployment shall be sent monthly to the

34

retirement board by the employer and by the retired member;

 

LC005721 - Page 7 of 9

1

     (5) Any retired member who, at the time of passage of this section, serves as a general

2

magistrate within the family court and thereafter retires from judicial service, may be employed or

3

reemployed by the family court to perform such services as a general magistrate of the family court

4

as the chief judge of the family court shall prescribe without any forfeiture or reduction of any

5

retirement benefits and allowances that he or she is receiving or may receive. For any such services

6

or assignments performed after retirement, the general magistrate shall receive no compensation

7

whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional

8

service credits shall be granted for this service; and

9

     (6) Any retired district court clerk/magistrate or magistrate of the district court who shall

10

subsequently be assigned to perform service in accordance with §§ 8-8-8.1 or 8-8-16.2(e), may be

11

employed or reemployed by the district court to perform such services as a magistrate as the chief

12

judge of the district court shall prescribe without any forfeiture or reduction of any retirement

13

benefits and allowance that he or she is receiving or may receive. For any such services or

14

assignment performed after retirement, the district court clerk/magistrate or magistrate shall

15

receive, in addition to his or her retirement pension, the difference in pay and fringe benefits

16

between his or her retirement pension, and that of a sitting magistrate of the district court with

17

comparable state service time. No additional contributions shall be taken and no additional service

18

credits shall be granted for this service; and

19

     (6)(7) Any retired member of the system shall be permitted to serve as a municipal

20

employee without any forfeiture or reduction of any retirement benefits and allowances that he or

21

she is receiving or may receive; provided, that said member shall be appointed by and serves at the

22

pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town

23

subject to the provisions of chapter 9 of title 45 entitled "Budget Commissions" relating to the

24

appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided

25

further, that no additional service credits shall be granted for any service under this subsection.

26

     SECTION 3. This act shall take effect upon passage.

========

LC005721

========

 

LC005721 - Page 8 of 9

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- DISTRICT COURT

***

1

     This act would permit a retired district court clerk/magistrate or a magistrate of the district

2

court who has reached age sixty (60) and has served for more than twenty (20) years to be recalled

3

for service and to be compensated for such service.

4

     This act would take effect upon passage.

========

LC005721

========

 

LC005721 - Page 9 of 9