A N
A C T
RELATING TO COURTS
AND CIVIL PROCEDURE -- COURT ADMINISTRATION
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Introduced
By: Representatives Flaherty, Murphy, and Williamson |
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Date
Introduced: January 24, 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.