Chapter 05-021

2005 -- H 5177 AS AMENDED

Enacted 05/04/05

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS

Introduced By: Representatives San Bento, Gemma, Rice, Lewiss, and Church

Date Introduced: January 25, 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.

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,~~ ~~the~~ The

~~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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LC00861

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