RELATING TO COURTS AND CIVIL PROCEDURE -- COURT ADMINISTRATION
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Introduced
By: Senators Paiva-Weed, Donelan, McCaffrey, Roney, and F Caprio |
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Date
Introduced: February 06, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. Section 8-15-3 of the General Laws in Chapter 8-15
entitled "Court Administration" is hereby amended to read as follows:
8-15-3. Power to assign judges. --
In order to aid in the prompt disposition of judicial business, the chief
justice shall have power to assign a judge on the district of any
trial court to sit in the superior or family any other trial
courts subject to the approval of the presiding justice of the superior
court, if the district judge is to be assigned to that court, or the chief
judge of the family court, if the district judge is to be assigned to that
court; of both the sending and the receiving courts and with the consent
of the judge to be assigned; such assignment to be for a temporary designated
period which designated period shall be determined by the chief justice
subject to the approval of the presiding justice or the chief judge of both the
sending and receiving courts and with the consent of the judge to be assigned
of no longer than thirty (30) calendar days as shall be agreed upon by the
chief justice and the presiding justice of the superior court or the chief
judge of the family court as the case may be; provided however, that if the
thirty (30) day designated period shall expire during a trial the
justice may sit until the trial is completed; and, provided, further, that the
justice shall have the power to sit and exercise the function of a justice of
the superior court or family receiving court for the purpose of
rendering a decision or completing any matter pending before him or her as a
justice of the superior court or family receiving court at the
expiration of the period. Included in such matters shall be the hearing of
motions for new trials, sentencing, allowance of bills of exceptions and
transcripts, and any and all other functions necessary to the conclusion of
cases heard before him or her as a superior or family court justice of
the receiving court. The foregoing provisions shall be interpreted and
construed liberally for the purpose of accomplishing the purpose thereof. No
other judge may be assigned to another court other than herein provided. The
chief justice may terminate the temporary assignment sooner than as agreed upon
if he or she determines that the need for the
assignment no longer exists.
SECTION
2. This act shall take effect upon passage.