2025 -- S 0289 | |
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LC000555 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION | |
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Introduced By: Senators Zurier, McKenney, and Euer | |
Date Introduced: February 13, 2025 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 8-16.1-7 of the General Laws in Chapter 8-16.1 entitled "Judicial |
2 | Selection" is hereby amended to read as follows: |
3 | 8-16.1-7. Tenure of justices. |
4 | (a) The justices of the supreme court, the superior court, the family court, the district court, |
5 | the workers’ compensation court, and the traffic tribunal shall hold office during good behavior. |
6 | (b) Any justice and magistrate of the superior court, the family court, the district court, the |
7 | workers’ compensation court, and the traffic tribunal initially appointed after July 1, 2025, shall |
8 | hold office during good behavior, provided, however, that upon attaining the age of seventy-five |
9 | (75), shall be mandated to retire. |
10 | (c) The provisions of subsection (b) of this section shall not prohibit the justices and |
11 | magistrates of the superior court, the family court, the district court, the workers’ compensation |
12 | court, and the traffic tribunal from service after retirement pursuant to § 8-3-10. |
13 | (d) Notwithstanding the provisions of subsection (b) of this section, the provisions of §§ 8- |
14 | 3-7, 8-3-8, 8-3-11, 8-8.2-6 and 8-8.2-9 and any other law providing for retirement of a justice of |
15 | any court of this state, shall remain in full force and effect. |
16 | (e) Notwithstanding the provisions of subsection (b) of this section, whenever any justice |
17 | has reached the mandatory age of retirement as provided herein, and has served in judicial office |
18 | without having reached the prescribed tenure or years of service that would entitle them to |
19 | retirement benefits, the supreme court shall recommend that their pension rights be accelerated to |
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1 | become effective as of the date of their retirement. The supreme court shall forward the |
2 | recommendation to the general assembly for appropriate legislative action in order that the justice’s |
3 | pension benefits be so accelerated. |
4 | SECTION 2. This act shall take effect on July 1, 2025. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION | |
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1 | This act would set a mandatory retirement age of seventy-five (75) for all justices and |
2 | magistrates of the superior, district, workers’ compensation, family and traffic tribunal courts who |
3 | are initially appointed after July 1, 2025 and provide that no pension or retirement benefits be |
4 | affected thereby. |
5 | This act would take effect on July 1, 2025. |
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