Chapter 05-010
2005 -- S 155 SUBSTITUTE A
AS AMENDED
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS
Introduced
By: Senators Badeau, Ruggerio, Ciccone, Cote, and Doyle
Date
Introduced: January 27, 2005
It is enacted by the General
Assembly as follows:
SECTION
1. Sections 8-4-5 and 8-4-6 of the General Laws in Chapter 8-4 entitled
"Clerks of Supreme and
Superior Courts" are hereby amended to read as follows:
8-4-5.
Appointment, terms, and salaries of superior court clerks. -- In the
month of
May, 1971, and in the month
of January in 1976 and in every fifth year thereafter, the governor
presiding justice of the
superior court, with the advice and
consent of the senate, shall appoint a
clerk of the superior court
for the counties of Providence and Bristol, and a clerk of the superior
court for each of the
counties of Newport, Washington, and Kent. The persons so appointed shall
hold office until the first
day of February in the fifth year next after their appointment and until
their successors are
appointed and qualified. Their salaries shall be determined and set by the
unclassified pay plan
board and they They shall be
entitled to the same longevity salary increases
as though they were in the
classified service.
8-4-6.
Vacancies in office of superior court clerk. -- In case of a vacancy in
the office
of clerk of the superior
court for the counties of Providence and Bristol, or in the office of clerk of
the superior court of either
of the counties of Newport, Washington, or Kent, from any cause, the
governor presiding justice of the superior court with the
advice and consent of the senate shall
appoint some person to fill
such vacancy for the balance of the unexpired term and until his or her
successor is appointed and
qualified.
SECTION
2. Section 8-8-15 of the General Laws in Chapter 8-8 entitled "District
Court"
is hereby amended to read as
follows:
8-8-15.
Chief, deputy, and assistant clerks. -- (a) There shall be a chief
clerk of the
district court. In the month
of April of 1971 and in each fifth year thereafter, the governor chief
judge of the district
court, with the advice and consent of
the senate, shall appoint the chief clerk
of the district court who
shall hold office until the first day in April in the fifth year next after his
or her appointment and until
his or her successor is appointed and qualified. In case of a vacancy
in the office of clerk of the
district court, from any cause, the governor chief judge of the
district
court, with the advice and consent of the senate, shall
appoint some person to fill the vacancy for
the balance of the unexpired
term and until his or her successor is appointed and qualified. In case
of the death, resignation, absence,
inability, or refusal to serve of the clerk, the chief judge may
appoint a clerk pro tempore,
who shall hold his or her office until the clerk shall have returned or
the inability shall have been
removed or another clerk shall have been appointed to fill such a
vacancy and shall have
qualified.
(b) The chief judge of the district court shall appoint a deputy clerk for each
division and
assistant clerks in the
various divisions of the district court to serve at his or her pleasure. All
such clerks and the chief
clerk may administer oaths within the state.
(c) The clerks of the court shall devote their full time to their duties. They
are not
required to be members of the
bar of this state, but if a member of the bar of this state is
appointed a clerk, he or she
shall not practice law during his or her term in office nor shall he or
she be a partner or associate
of any person engaged in the practice of law.
(d) The chief judge of the district court shall have the power to authorize,
with the power
to revoke such
authorizations, the chief clerk, the deputy clerks, and the assistant clerks of
the
district court to set and
take bail on all complaints bailable before a division of the district court to
the same extent and with the same
authority as is granted to justices of the peace authorized to set
and take bail by section
12-10-2. The authorizations and revocations shall be recorded with the
secretary of state. District
court clerks may exercise the authority granted by the chief judge under
this section only during the
normal working hours of the clerk's office to which they are assigned.
This authority shall be
exercised without fee.
SECTION
3. Sections 28-30-4 and 28-30-5 of the General Laws in Chapter 28-30
entitled "Workers'
Compensation Court" are hereby amended to read as follows:
28-30-4.
Workers' compensation administrator -- Appointment -- Powers and
duties. -- (a) There shall be a workers' compensation
administrator who shall be appointed by the
governor chief judge of the workers' compensation court
with the advice and consent of the
senate. Upon May 6, 1982,
and every twelfth year thereafter in the month of January, tThe
governor chief judge of the workers' compensation court,
with the advice and consent of the
senate, shall appoint a
workers' compensation administrator to serve for a period of twelve (12)
five (5) years, and thereafter until his or her successor is
appointed and qualified.
(b) The administrator shall:
(1) Supervise the preparation of an annual budget for the workers' compensation
court;
(2) Formulate procedures governing the administration of workers' compensation
court
services;
(3) Make recommendations to the workers' compensation court for improvement in
court
services;
(4) Collect necessary statistics and prepare the annual report of the work of
the workers'
compensation court;
(5) Provide supervision and consultation to the staff of the workers'
compensation court
concerning administration of
court services, training and supervision of personnel, and fiscal
management;
(6) Perform any other duties that the workers' compensation court specifies.
28-30-5.
Vacancies in office of administrator. -- In the event that a vacancy
occurs in
the office of the
administrator, the governor chief judge of the workers' compensation
court, with
the advice and consent of the
senate, shall appoint a duly qualified person to act as administrator
under the provisions of this
chapter to serve a twelve (12) year term following that appointment;
provided, that in the
event the legislature is not in session at the time that the vacancy occurs,
the
deputy administrator shall
fill the vacancy until the next session of the legislature at which the
governor shall submit his
or her appointment to the senate for its advice and consent. The deputy
administrator shall
continue to fill the vacancy for
the balance of the unexpired term and until his
or her successor is duly
appointed and qualified.
SECTION
4. Section 8-10-15 of the General Laws in Chapter 8-10 entitled "Family
Court" is hereby amended
to read as follows:
8-10-15.
Family court administrator. -- (a) There shall be a family court
administrator
who shall be appointed by the
chief judge of the family court in his or her capacity as
administrative judge of the
court, with the advice and consent of the senate, and who shall hold
office at the pleasure of the
administrative judge.
(b) Under the general supervision of the chief judge of the family court,
within the
policies established by the
court, the administrator shall:
(1) Prepare an annual budget for the court;
(2) Formulate procedures governing the administration of court services;
(3) Make recommendations to the court for improvement in court services;
(4) Collect necessary statistics and prepare the annual report of the work of
the court;
(5) Provide supervision and consultation to the staff of the court concerning
administration of court services,
training and supervision of personnel, and fiscal management;
(6) Perform such other duties as the chief judge shall specify;
(7) And further to assume and perform, in addition to any other duties provided
by this
chapter, the powers,
authority, and the duties of the family court clerk, pursuant to the provisions
of the general laws, and
shall do and perform all other things which by law or the rules of the
court shall appertain to the
office of clerk.
SECTION
5. This act shall take effect upon passage and shall apply to all appointments
made after the effective date
of the act.
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LC00746/SUB A
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