§ 8-2-39 - General magistrate – Appointment, duties and powers.
SECTION 8-2-39
§ 8-2-39 General magistrate –Appointment, duties and powers. – (a) There is hereby created within the superior court the position of generalmagistrate who shall be appointed by the presiding justice of the superiorcourt, with the advice and consent of the senate, for a term of ten (10) yearsand until a successor is appointed and qualified. Nothing herein shall beconstrued to prohibit the assignment of the general magistrate to more than onesuch term, subject to the advice and consent of the senate. The personappointed to serve as general magistrate shall be a member of the bar of RhodeIsland. The powers and duties of the general magistrate shall be prescribed inthe order appointing him or her.
(b) The general magistrate shall assist the court in:
(i) The determination of, monitoring, collection, and paymentof restitution and court ordered fines, fees, and costs or the ordering ofcommunity service in lieu of or in addition to the payment of restitution,fines, fees, and costs, consistent with other provisions of the general laws;
(ii) The determination and payment of claims under theviolent crimes indemnity fund for the Criminal Injuries Compensation Act of1972, chapter 25 of title 12;
(iii) The determination and payment of claims from theCriminal Royalties Distribution Act of 1983, chapter 25.1 of title 12; and
(iv) Such other matters as the presiding justice of thesuperior court determines are necessary.
(2) The chief justice of the supreme court, with the consentof the presiding justice and, if applicable, the chief judge of a particularcourt, may assign the general magistrate to serve as a magistrate in any courtof the unified system. When the general magistrate is so assigned he or sheshall be vested, authorized, and empowered with all the powers belonging to themagistrate position to which he or she is specially assigned.
(c) The general magistrate will be empowered to hear allmotions, pretrial conferences, arraignments, probable cause hearings, bailhearings, bail and probation revocation hearings, and to review all suchmatters including, but not limited to the above, and to modify the terms andconditions of probation and other court-ordered monetary payments including,but not limited to, the extension of time for probation and court-orderedmonetary payments as provided by law. The general magistrate shall have thepower to take testimony in connection with all matters set forth herein.
(d) The general 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 relevant court, for failure to appear in response to a summonsor for refusal to answer questions or produce evidence or for behaviordisrupting a proceeding;
(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 relevant court, for failure to comply with a pending order toprovide payment 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 institutions, if an adult, or at the Rhode Island trainingschool for youth, if a child, until the next session of the court.
(e) A party aggrieved by an order entered by the generalmagistrate shall be entitled to a review of the order by a justice of therelevant court. Unless otherwise provided in the rules of procedure of thecourt, such review shall be on the record and appellate in nature. The courtshall, by rules of procedure, establish procedures for review of orders enteredby a general magistrate, and for enforcement of contempt adjudications of ageneral magistrate.
(f) Final orders of the superior or family court entered in aproceeding to review an order of a general magistrate may be appealed to thesupreme court. Final orders of the district court entered in a proceeding toreview an order of the general magistrate may be appealed to the superior court.
(g) The general magistrate shall:
(1) Receive all credits and retirement allowances as affordedjustices under chapter 3 of this title and any other applicable law, includingwithout limitation, § 8-3-16;
(2) Receive a salary equivalent to that of a district courtjudge;
(3) (Repealed);
(4) Be governed by the commission on judicial tenure anddiscipline, chapter 16, of this title, in the same manner as justices andjudges;
(5) Be subject to all provisions of the canons of judicialethics or code of judicial conduct;
(6) Be subject to all criminal laws relative to judges byvirtue of §§ 11-7-1 and 11-7-2.
(h) The provisions of this section shall be afforded liberalconstruction.
(i) The presiding justice of the superior court shallinitially appoint such support staff as may be necessary, relating topreparation, investigation, and implementation of the general magistrate'sfunctions. Effective November 15, 1993, the support staff shall be placed underthe supervision and management of the superior court, and new appointments orpersonnel changes in the support staff shall be subject to the directions andapproval of the superior court, consistent with any applicable collectivebargaining agreements. The general magistrate shall have the power andauthority to issue subpoenas and to compel the attendance of witnesses at anyplace within the state, to administer oaths and to require testimony underoath. The general magistrate, or his or her designee, may serve his or herprocess or notices in a manner provided for the service of process and noticein civil or criminal actions in accordance with the rules of court.