§ 8-2-11.1 - Administrator/magistrate.
SECTION 8-2-11.1
§ 8-2-11.1 Administrator/magistrate.– (a) Any person holding the position of administrative clerk in the superiorcourt who is a member of the bar of Rhode Island may be appointedadministrator/magistrate for a term of ten (10) years and until a successor isappointed and qualified, by the presiding justice, with the advice and consentof the senate, in his or her capacity as administrative judge. Nothing hereinshall be construed to prohibit the assignment of an administrator/magistrate tomore than one such term, subject to the advice and consent of the senate. Anymagistrate in service as of January 1, 2008 who serves at the pleasure of thepresiding justice of the superior court may be appointed for a term of ten (10)years with the advice and consent of the senate and until a successor isappointed and qualified.
(b) The administrator/magistrate shall have the power to hearand determine such matters as may be assigned to the administrator/magistrateby the presiding justice all to the same effect as if done by a justice of thesuperior court.
(2) Without limiting the generality of the foregoing powersand authority, the administrator/magistrate is authorized and empowered to hearand determine motions in civil and criminal proceedings, formal and specialcauses, to conduct arraignments, to grant or deny bail, to accept pleas of notguilty, guilty, or nolo contendere, and to impose sentence on a plea of guiltyor nolo contendere, all to the same effect as if done by a justice of thesuperior court.
(c) The administrator/magistrate may be authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts and take all measures necessary or properfor 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, toput witnesses on oath, to examine them, and to call parties to the proceedingand examine them upon oath;
(6) To adjudicate a person in contempt and to order him orher imprisoned for not more than seventy-two (72) hours, pending review by ajustice of the court, for failure to appear in response to a summons or forrefusal to answer questions or produce evidence or for behavior disrupting aproceeding;
(7) To adjudicate a party in contempt and to order him or herimprisoned for not more than seventy-two (72) hours, pending review by ajustice of the court, for failure to comply with a pending order to providepayment or to perform any other act; and
(8) To issue a capias and/or body attachment upon the failureof a party or witness to appear after having been properly served and, shouldthe court not be in session, the person apprehended may be detained at theadult correctional institution, if an adult, or at the Rhode Island trainingschool for youth, if a child, until the next session of the court.
(d) A party aggrieved by an order entered by theadministrator/magistrate shall be entitled to a review of the order by ajustice of the superior court. Unless otherwise provided in the rules ofprocedure of the court, the review shall be on the record and appellate innature. The court shall, by rules of procedure, establish procedures for reviewof orders entered by the administrator/magistrate, and for enforcement ofcontempt adjudications of the administrator/magistrate.
(e) Final orders of the superior court entered in aproceeding to review an order of the administrator/magistrate may be appealedto the supreme court.
(f) The administrator/magistrate shall be:
(1) Governed by the commission on judicial tenure anddiscipline, chapter 16, of this title, in the same manner as justices andjudges;
(2) Subject to all provisions of the canons of judicialethics;
(3) Subject to all criminal laws relative to judges by virtueof §§ 11-7-1 and 11-7-2.