§8-8-16.2  District court clerk/magistrate. –

Link to law: http://webserver.rilin.state.ri.us/Statutes/TITLE8/8-8/8-8-16.2.HTM
Published: 2015

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TITLE 8

Courts and Civil Procedure–Courts

CHAPTER 8-8

District Court

SECTION 8-8-16.2



   § 8-8-16.2  District court

clerk/magistrate. –

(a) Any person who is a member of the bar of Rhode Island may be appointed

district court clerk/magistrate by the chief judge in his or her capacity as

administrative head of the court, subject to the advice and consent of the

senate. The district court clerk/magistrate shall hold that office for a term

of ten (10) years and until a successor is appointed and qualified. Nothing

herein shall be construed to prohibit the assignment of the district court

clerk/magistrate to more than one such term, subject to the advice and consent

of the senate. The district court clerk/magistrate shall have the power to hear

and determine any matters that may be assigned to the district court

clerk/magistrate by the chief judge all to the same effect as if done by a

judge of the district court, including, but not limited to, matters relating to

the determination of, monitoring, collection and payment of restitution and

court ordered fines, fees and costs or the ordering of community service in

lieu of or in addition to the payment of restitution, fines, fees and costs,

consistent with other provisions of the general laws.



   (b) The clerk/magistrate may be authorized:



   (1) To regulate all proceedings before him or her;



   (2) To do all acts necessary or proper for the efficient

performance of his or her duties;



   (3) To require the production before him or her of books,

papers, vouchers, documents and writings;



   (4) To rule upon the admissibility of evidence;



   (5) To issue subpoenas for the appearance of witnesses, to

put witnesses on oath, to examine them and to call parties to the proceeding

and examine them upon oath;



   (6) To adjudicate a person in contempt and to order him or

her fined or to order him or her imprisoned for not more than seventy-two (72)

hours, for failure to appear in response to a summons or for refusal to answer

questions or produce evidence or for behavior disrupting a proceeding or other

contempt of his or her authority; provided; however, that no such imprisonment

shall occur prior to review by a judge of the court.



   (7) To adjudicate a person in contempt and to order him or

her fined or to order him or her imprisoned for not more than seventy-two (72)

hours, for failure to comply with a pending order to provide payment or to

perform any other act; provided, however, that no such imprisonment shall

occurr prior to review by a judge of the court.



   (8) To issue a capias and/or body attachment for the failure

of a party or witness to appear after having been properly served or given

notice by the court and, should the court not be in session, the person

apprehended may be detained at the adult correctional institutions, if an

adult, or at the Rhode Island training school for youth, if a child, until the

next session of the court;



   (9) To issue writs of habeas corpus to bring before him or

her or a judge of the court any person in jail or in prison to be examined as a

witness in a suit or proceeding, civil or criminal, pending before the court,

or whose presence is necessary as a party or otherwise necessary so that the

ends of justice may be attained, and for no other purpose; and



   (10) To issue warrants of arrest and search warrants to the

same extent as an associate judge of the court.



   (c) Except as otherwise indicated, a party aggrieved by an

order entered by the district court clerk/magistrate shall be entitled to a

review of the order, whether by appeal or otherwise, by a judge of the court.

The court shall, by rules of procedure, establish procedures for review of

contempt and adjudications of the clerk/magistrate.



   (d) The district court clerk/magistrate shall:



   (1) Be governed by the commission on judicial tenure and

discipline, pursuant to chapter 16 of this title, in the same manner as

justices and judges;



   (2) Be subject to all provisions of the canons of judicial

ethics;



   (3) Be subject to all criminal laws relative to judges by

virtue of §§ 11-7-1 and 11-7-2.



   (4) Receive any salary that may be established by the state

court administrator pursuant to § 8-15-4. The provisions of this section

shall be afforded liberal construction.



History of Section.

(P.L. 1997, ch. 173, § 1; P.L. 1999, ch. 218, art. 5, § 5; P.L. 2002,

ch. 109, § 1; P.L. 2002, ch. 425, § 1; P.L. 2007, ch. 73, art. 3,

§ 7.)