2024 -- S 3118 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO THE TOWN OF JOHNSTON MUNICIPAL COURT

     Introduced By: Senator Frank A. Ciccone

     Date Introduced: May 30, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 120 of the Public Laws of 1964, entitled "An Act Providing for a

Police Court in the Town of Johnston" is hereby repealed in its entirety:

     Section 1. Police court-Judges. -There is hereby created a police court in the town of

Johnston, consisting of as many judges, not exceeding two (2), as shall be elected by concurrent

vote of the town council and all the jurisdiction, power and authority of said court shall be vested

in any one justice thereof. Any judge elected or appointed to said court shall be required to have

been a member of the bar of the state of Rhode Island at least four (4) years prior to his appointment

and be a qualified elector of the town.

     Sec. 2. Seal-Oaths. -The police court shall have a seal which shall contain such words and

device as the court shall adopt. The judges and clerk of the police court shall have power to

administer oaths and affirmations.

     Sec. 3. Judges-Election-Terms.-The town council shall elect in the month of January in

each odd­ numbered year as many judges, not exceeding two (2), of the police court and the judge

or judges so elected shall hold office until the first day of February in the second year next after his

or their election and until his or their successor or successors are elected and qualified.

     Sec. 4. Vacancies in office of justice.-In case there be a vacancy in the office of a justice,

from any cause, the town council shall appoint some person to fill said vacancy for the balance of

the unexpired term, and until his successor is elected and qualified.

     Sec. 5. Clerk-Appointment-Term.-The judge or judges elected by the town council in the

month of January in each odd-numbered year, as soon after his or their election, shall appoint a

clerk of the police court. The person so appointed shall hold office until the first day of February

in the second year next after his appointment and until his successor is appointed and qualified.

The clerk shall be a qualified elector of the town but he shall not be required to be a member of the

bar of the state of Rhode Island.

     Sec. 6. Vacancies in office of clerk.-In case of a vacancy in the office of clerk, from any

cause, the judge or judges of the police court, as the case may be, shall appoint some person to fill

such vacancy for the balance of the unexpired term and until his successor is appointed and

qualified.

     Sec. 7. Authority in absence of judge.-In case of the sickness, absence from the town or

other disability or ineligibility of the justices of the-police court, the clerk of the police court shall

have all the powers and duties of a justice of said court, and said clerk shall certify upon the records

of said court the days and dates upon which, and the occasion for which the du­ ties of the justice

are performed by said clerk. In the absence or disability of the clerk of said court, or during such

time as said clerk may be acting as justice of said court, the deputy clerk of said court shall have

all the powers and duties of the clerk of said court.

     Sec. 8. Appointment of deputies.-The clerk of the police court, with the approval of the

justices of the police court, may appoint one or more deputy clerks who, being sworn, shall hold

office until removal by said clerk or by the justices thereof. Said deputy clerks shall discharge all

the duties of the clerk until removed by the clerk or the court. The clerk shall fix the compensation

of his deputies within the amount appropriated therefor, and shall be liable for his mis­ conduct or

neglect of duty.

     Sec. 9. Employment of clerical assistance by clerk.-The clerk of the police court, with the

approval of the justices thereof, is hereby authorized and empowered to employ such clerical

assistants in addition to said deputy clerks, as he may require in his office in copying, recording,

indexing and attending upon the files of said court.

     Sec. 10. Sessions-Time-Place.-The police court shall be considered to be in session at all

times, and at such place or places in said town as the said court or the justice holding the same shall

appoint.

     The police court shall have original jurisdiction of all offenses against the ordinances, by-

laws, rules and regulations of the freemen of the town of Johnston, of the town council of said town,

where the fine, penalty, pecuniary forfeiture, for­feiture of personal property, punishment or

imprisonment, for any one offense shall not exceed two hundred dollars ($200) and six (6) months

imprisonment, or two hundred dollars ($200) in value. The proceedings in all cases in said court,

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except as provided in section 18 hereof, shall be commenced ·by complaint and war­ rant, and all

said fines, penalties, .pecuniary forfeitures, forfeitures of personal property, punishments and

imprisonments may be prosecuted for, recovered and im­posed on complaint and warrant before

said court, and on appeal therefrom before any proper court in any appellate proceedings.

     Sec. 12. Docket of cases.-The clerk of said court shall keep a regular docket of all cases

therein, including a record of all cases disposed of under section 18 hereof, shall record the

judgments, orders and sentences of said court and shall furnish certified copies thereof when

required, for which copies said clerk shall charge the same fees as are by law allowed to clerks of

the superior court. He shall keep his office open to the public during such hours as the court shall

determine.

     Sec. 13. Witnesses-Attendance-Subpoenas.-Said court shall have power to issue writs of

summons for witnesses, and compel their attendance, and to punish for contempt by a fine not

exceeding twenty ($20) dollars, or by imprisonment not exceeding ten (10) days. Said court may

also issue writs of habeas corpus ad testificandum, and may commit to the state adult correctional

institution or to the state training school for boys at Howard in Cranston, and, upon continuance of

any complaint or proceeding before it, may take recognizance to the state, with surety or sureties

in such sum as said court shall think proper with condition to ap­ pear before said court and make

further answer to such complaint or proceeding, and in the meantime ,to keep the peace; and in

want thereof may commit to the said state adult correctional institution or state training school for

boys, until such recognizance shall be given or the parties be lawfully discharged therefrom.

     Sec. 14. Complaints, warrants, writs.-It shall be lawful for any justice of said court so to

prescribe and vary the form of all complaints, warrants, writs or other process, as to make the same

consistent with the organization, style and jurisdiction of said court; and such complaints, warrants,

writs and other process shall have the same effect, validity and extent, and be served, obeyed,

enforced and returned, in the same manner and by the same officers, as if issued from the district

courts; and they may also "be served by any constables of said town who are authorized to serve

process in civil or criminal cases.

     Sec. 15. Appeal.-Every person aggrieved by any sentence of said police court may appeal

from such sentence to the superior court in and for Providence county, in the same manner and with

the same procedure, and such appeal shall be disposed of in said superior court in like manner as is

prescribed in the case of appeals in criminal cases from the sentence of any district court.

     Sec. 16. Costs.-Costs taxed by the said police court costs shall be the same as those taxed

·by district courts, and the payment of the costs shall be a part of the sentence to the extent they

would be in the district court.

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     Sec. 17. Appeal costs. - All moneys derived from such appeals, whether for .fine and costs,

or otherwise, including costs imposed in said police court on such appealed cases shall be paid over

and disposed of in like manner as moneys obtained in cases of appeal from district courts to said

superior courts in criminal cases are paid over and disposed of.

     Sec. 18. Parking ticket violations-Payment of fine.-A person charged with a violation of

any rule, regulation, resolution or ordinance relating to stopping, standing and parking of vehicles

and notified in writing by a police officer to appear on a day and hour stated in such notice to

answer such charge before the police court, instead of personally appearing in court, may in person

or by one duly authorized ·by him in writing appear before the clerk of said court, admit the truth

of said charge and pay to said clerk such fine as the town council shall from time to time by

resolution or ordinance establish as a fixed penalty for such violation. Appearance, admission and

payment shall be made at the office of said clerk during the office hours of said clerk within seven

(7) days of such notification, and failure to appear within said time shall be deemed a waiver of the

right to dispose of such charge without personal appearance in court. The payment of the fine to

the clerk in- the manner herein pro­ vided shall operate as a final disposition of such charge and

such proceedings shall not be deemed criminal. The notice above provided shall indicate the offense

charged and shall also contain such information as will enable the person charged to take advantage

of the provisions of this clause. The right to dispose of such a charge without personal appearance

in court may not be exercised -by any .person who in any consecutive period of twelve months next

preceding such charge, has been three times in the aggregate adjudged guilty by said court of any

violation relating to stopping, standing, and parking of vehicles or has admitted the truth of charges

made against him, under the provisions of this clause.

     Sec. 19. Traffic violations-Power of town council.­ The town council shall have exclusive

power to pro­ vide for the punishment of any person violating any rule, regulation, resolution or

ordinance relating to stopping, standing and parking of vehicles by a fine of not less than one

($1.00) dollar, nor more than twenty ($20.00) dollars, and for the punishment of any per­ son

committing any other traffic offense with the jurisdiction of the police court by penalties not to

exceed those authorized by this act.

     Sec. 20. Effect of town charter. -The provisions the town charter shall apply to the police

court of the town and to the functions within the jurisdiction of the court to the extent that such

provisions are consistent with this act. To the extent that such provisions are inconsistent with this

act, the provisions of this act shall control, notwithstanding any legislative validation of the town

charter. Without limiting the generality of the foregoing, the following rules shall apply:

     (a) The affairs of the police court shall not be subject to supervision by the town

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administrator. Clauses (1), (3), and (4) of section IV-6 of the town charter shall not apply.

     (b) The police court may act with respect to the compensation, classification and personnel

policies applicable to its subordinates, but no such action shall be taken which is inconsistent with

any applicable proceedings of the town council. Clause (7) of section III-8 and article XVI of the

town charter shall apply.

     (c) Clause (3) (relating to terms of office) of section XIX-4 of the town charter shall not

apply to the police court.

     Sec. 21. Severability.-If any of the provisions of this act or their application to any

particular circumstances should be held invalid, the remaining provisions or the application of the

provisions to other circumstances shall not be affected there.by.

     Sec. 22. Referendum.-The question of the approval of this act shall be submitted to the

electors of the town of Johnston qualified to vote upon a proposition to impose a tax or for .the

expenditure of money at a general election to ·be held November 3, 1964. The question to be voted

upon shall be submitted in substantially the following form: "Shall an act passed at the January

1964 session of the general assembly, entitled, 'An act providing for a police court in the town of

Johnston' be approved?" The local board, as defined in section 17-1-2 of the general laws, shall

forthwith after the election notify the secretary of state of the result of the vote upon the question

submitted. The election shall be held in conformity with the election laws of the state.

     Sec. 23. Effective date.-This section and section 22 of this act shall take effect upon the

passage of this act and the remainder of this act shall take effect upon the approval of this act by a

majority of those voting on the question at the election prescribed by section 22 hereof. Section 20

hereof shall become effective when the town of Johnston home rule charter becomes generally

effective. All acts and parts of acts inconsistent with any section of this act shall stand repealed

upon the effective date of the inconsistent section of this act; provided, that all acts, proceedings

and processes, civil and criminal heretofore existing and pending before the eighth district court

prior to the passage of this act, shall be heard and determined by that court until the actual transfer

of the functions herein established and upon the establishment of the police court, and thereafter,

those actions, proceedings and processes, civil and criminal, (and in criminal cases irrespective of

the dates when the acts giving rise to said actions, proceedings and processes shall have been

committed) pending and undetermined shall be heard de novo by the police court without the

necessity of any further filings; and-provided, further, all records of the eighth district court relating

to matters heretofore within the jurisdiction of the said district court shall be transferred to the clerk

of the police court to be maintained and administered as the police court shall by rule determine;

and provided, further, that forthwith upon the approval of this act by the qualified electors of the

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town of Johnston as provided in section 22 hereof, the town council shall appoint as many judges

of the po­ lice court, not exceeding two (2) to serve until February 1, 1965 and until his or their

successor or successors are elected and qualified; and provided, further, that forthwith upon the

appointment of such judge or judges, said judge or judges shall appoint a clerk of said police court

who shall hold office until February 1, 1965 and until his successor is appointed and qualified.

     SECTION 2. Chapter 2 of title 45 of the General Laws entitled "General Powers" is hereby

amended by adding thereto the following section:

     45-2-68. Town of Johnston - Municipal court - Municipal housing court.

     (a) Municipal court jurisdiction.

     The town council of the town of Johnston may establish a municipal court and confer upon

that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear

and determine cases involving the violation of any ordinance; provided, however, that any

defendant found guilty of any offense, excluding violations outlined in subsection (b) of this

section, may, within seven (7) days of the conviction, file an appeal from the conviction to the

superior court and be entitled, in the latter court, to a trial de novo.

     (b) Municipal housing court jurisdiction.

     (1) The town council of the town of Johnston may establish a municipal housing court and

confer upon the court original jurisdiction, notwithstanding any other provisions of the general

laws, to hear and determine causes involving the violation of the zoning ordinances of the town and

any violation of the provisions of chapter 24 of title 45 ("zoning ordinances"); any violation of

chapter 24.1 of title 45 ("historical zoning act"); any violation of chapter 24.2 of title 45 ("minimum

housing standards act"); any violation of chapter 24.3 of title 45 ("housing maintenance and

occupancy code"); any violation of chapter 23 of title 45 ("subdivision of land and occupancy

code"); any violation of any local Johnston ordinance or regulation, enacted pursuant to these

chapters; and any violation of the provisions of chapter 27.3 of title 23 ("state building code"); and

any violation of the provisions of those regulations promulgated by the state building code

commission entitled SBC-I Rhode Island state building code; SBC-2 Rhode Island state one- and

two-family (2) dwelling code; SBC-3 Rhode Island state plumbing code; SBC-4 Rhode Island state

mechanical code; SBC-5 Rhode Island state electrical code; SBC-6 state property maintenance

code; SBC-8 Rhode Island state energy conservation code; and SBC-20 Rhode Island state fuel and

gas code; and provided, further, that any party aggrieved by a final judgement, decree, or order of

the Johnston housing court may, within twenty (20) days after entry of this judgment, decree, or

order, file an appeal to the superior court and be entitled in the latter court to a trial de novo.

     (2) With respect to violations falling under the jurisdiction of the Johnston housing court,

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as outlined in subsection (b)(1) of this subsection, the town council may also confer upon the

housing court, in furtherance of the court's jurisdiction, the power to proceed according to equity:

     (i) To restrain, prevent, enjoin, abate, or correct a violation;

     (ii) To order the repair, vacation, or demolition of any dwelling existing in violation;

     (iii) To otherwise compel compliance with all of the provisions of the ordinances and

statutes; and

     (iv) To order a dwelling into receivership and to order the removal of any cloud on the title

to the building or property that shall be binding upon all those claiming by, through, under; or by

virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.

     (c) Appointment of municipal court judge and housing court clerk.

     The town council of the town of Johnston is authorized and empowered to appoint a judge

of the municipal court, who may be, but is not required to be, the same person(s) holding the

judgeship over the municipal court. The town council of the town of Johnston is also authorized to

appoint a judge and clerk of the housing court, who may be, but is not required to be, the same

person(s) holding the judgeship over the municipal court.

     (d) Operation, management and powers of the municipal court and housing court.

     The town council is authorized and empowered to enact ordinances governing the

personnel, operation, and procedure to be followed in the court and to establish a schedule of fees

and costs and to otherwise provide for the operation and management of the court. The municipal

court may impose fines not in excess of five hundred dollars ($500) and is empowered to administer

oaths; compel the attendance of witnesses; and punish persons for contempt.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO THE TOWN OF JOHNSTON MUNICIPAL COURT

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     This act would totally repeal the 1964 public law, which established the Johnston

Municipal Court and which has never been amended and would enable the town of Johnston to

establish a municipal court and housing court with expanded legal and equitable powers.

     This act would take effect upon passage.

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