Chapter 11-292

Chapter 292

2011 -- S 1095

Enacted 07/12/11

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS

Introduced By: Senator Michael J. McCaffrey

Date Introduced: June 29, 2011

It is enacted by the General Assembly as follows:

SECTION 1. Section 8-8.2-1 of the General Laws in Chapter 8-8.2 entitled "Traffic

tribunal" is hereby amended to read as follows:

8-8.2-1. Establishment -- Rule-making authority -- Adjudication of violations. -- (a)

There is hereby established a traffic tribunal which shall be charged with the administration and

adjudication of traffic violations within its jurisdiction. The traffic tribunal shall be under the

supervision of the chief magistrate of the traffic tribunal, who shall be the administrative head of

the traffic tribunal and shall have the power to make rules for regulating practice, procedure and

business within the traffic tribunal. Pursuant to section 8-6-2, said rules shall be subject to the

approval of the supreme court. Such rules, when effective, shall supersede any statutory

regulation in conflict therewith. Any person who has been a member of the bar of Rhode Island

may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic

tribunal shall be appointed by the chief justice of the supreme court, with the advice and consent

of the senate, for a period of ten (10) years and until a successor is appointed and qualified.

Nothing contained herein shall be construed to prohibit the reappointment of the chief magistrate

for one or more ten (10) year terms subject to the advice and consent of the senate. Compensation

for the chief magistrate shall be equal to that of an associate judge of the district court.

(b) The judges and magistrates of the traffic tribunal shall hear and determine cases as

provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be

assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The

chief magistrate of the traffic tribunal may assign a judge or magistrate who is authorized to hear

and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic

tribunal and the administrative judge or magistrate shall perform such administrative duties as

may be delegated to him or her by the chief magistrate. Once assigned to the position, the

administrative judge or magistrate shall hold said administrative position for the remainder of his

or her respective term as a judge or magistrate of the traffic tribunal.

1999 shall serve within the traffic tribunal. Whenever the total number of judges and magistrates

in the traffic tribunal exclusive of the chief magistrate shall be less than seven (7), the chief

justice of the supreme court, with the advice and consent of the senate, may, as needed, assign a

duly qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall

submit his or her name to the senate for confirmation. In the event of a vacancy in the position of

chief magistrate, the chief justice of the supreme court shall appoint a successor in accordance

with subsection 8-8.2-1(a). Any magistrate assigned under this section shall serve a term of ten

(10) years and until a successor is appointed and qualified, and shall be in the unclassified service

of the state. Nothing herein shall be construed to prohibit the assignment of a magistrate to more

than one such term, subject to the advice and consent of the senate. Compensation for any such

magistrate shall be determined by the chief magistrate of the traffic tribunal subject to

appropriation by the general assembly but in no event shall the compensation be equal to or more

than that of an associate judge of the district court. Magistrates of the traffic tribunal shall

participate in the state retirement system in the same manner as all members of the unclassified

service.

(ii) If any judge of the traffic tribunal shall retire, or a vacancy becomes available

through death, disability or any other reason, the position shall be filled by a magistrate consistent

with the provisions of this section.

(d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her

judicial duties, except as may be otherwise provided by law. He or she shall not practice law

while holding office, nor shall he or she be a partner or associate of any person in the practice of

law.

(e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I.

Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme

court of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in

accordance with chapter 16 of this title; and to the administrative authority and control of the

chief justice of the supreme court in accordance with chapter 15 of this title, except that sections

8-15-3 and 8-15-3.1 shall not apply to judges ~~and/or magistrates~~ of the traffic tribunal.

(f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words

and devices as it shall adopt.

(g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths

and affirmations.

(h) Administrative/supervisory officials. - (1) There shall be an assistant to the

administrative magistrate of the traffic tribunal who shall be appointed by and serve at the

pleasure of the chief magistrate and who shall perform such clerical and administrative duties as

may be assigned to him or her by the chief magistrate of the traffic tribunal and the administrative

judge or magistrate of the traffic tribunal. The assistant to the administrative judge or magistrate

shall have the power to administer oaths and affirmations within the state.

(2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at

the pleasure of the chief magistrate of the traffic tribunal; provided, however, that, effective July

1, 1999, the first clerk of the traffic tribunal shall be that person holding the position of

administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person

shall hold office for the balance of a term of twelve (12) years which began on September 1,

1992, without the necessity of appointment by the governor or advice and consent of the senate.

The clerk of the traffic tribunal shall exercise his or her functions under the direction and control

of the chief magistrate of the traffic tribunal and the administrative judge or magistrate of the

traffic tribunal. The clerk of the traffic tribunal shall have the power to administer oaths and

affirmations within the state.

(i) Clerical Personnel/Court Recorders. - (1) The chief magistrate of the traffic tribunal

shall appoint deputy clerks and assistance clerks for the traffic tribunal to serve at his or her

pleasure. All such clerks may administer oaths and affirmations within the state.

(2) The chief magistrate of the traffic tribunal shall appoint sufficient court recorders to

enable all proceedings to be recorded by electronic means and who shall assist in such other

clerical duties as may be prescribed from time to time by the chief magistrate of the traffic

tribunal.

(3) The chief magistrate of the traffic tribunal shall employ such clerical assistants in

addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties.

SECTION 2. Section 8-15-3.1 of the General Laws in Chapter 8-15 entitled "Court

Administration" is hereby amended to read as follows:

8-15-3.1. Chief justice -- Power to assign magistrates. -- The Chief justice of the

supreme court has the power to assign any magistrate of the superior court, family court, ~~and/or~~

district court, or traffic tribunal to any court or tribunal of the unified judicial system with the

consent of the presiding justice, ~~and/or~~ chief judge, and/or chief magistrate of the relevant courts.

When a magistrate is so assigned, he or she shall be vested, authorized, and empowered with all

the powers belonging to the magistrates of the court to which he or she is specially assigned.

SECTION 3. This act shall take effect upon passage.

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LC02993

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