§ 8-8.2-1 - Establishment – Rule-making authority – Adjudication of violations.
SECTION 8-8.2-1
§ 8-8.2-1 Establishment – Rule-makingauthority – Adjudication of violations. – (a) There is hereby established a traffic tribunal which shall be charged withthe administration and adjudication of traffic violations within itsjurisdiction. The traffic tribunal shall be under the supervision of the chiefmagistrate of the traffic tribunal, who shall be the administrative head of thetraffic tribunal and shall have the power to make rules for regulatingpractice, procedure and business within the traffic tribunal. Pursuant to§ 8-6-2, said rules shall be subject to the approval of the supreme court.Such rules, when effective, shall supersede any statutory regulation inconflict therewith. Any person who has been a member of the bar of Rhode Islandmay be appointed chief magistrate of the traffic tribunal. The chief magistrateof the traffic tribunal shall be appointed by the chief justice of the supremecourt, with the advice and consent of the senate, for a period of ten (10)years and until a successor is appointed and qualified. Nothing containedherein shall be construed to prohibit the reappointment of the chief magistratefor one or more ten (10) year terms subject to the advice and consent of thesenate. Compensation for the chief magistrate shall be equal to that of anassociate judge of the district court.
(b) The judges and magistrates of the traffic tribunal shallhear and determine cases as provided by law. No district court judge appointedpursuant to chapter 8 of this title shall be assigned to perform duties of ajudge or magistrate of the traffic tribunal under this chapter. The chiefmagistrate of the traffic tribunal may assign a judge or magistrate who isauthorized to hear and decide cases in the traffic tribunal to serve asadministrative judge or magistrate of the traffic tribunal and theadministrative judge or magistrate shall perform such administrative duties asmay be delegated to him or her by the chief magistrate. Once assigned to theposition, the administrative judge or magistrate shall hold said administrativeposition for the remainder of his or her respective term as a judge ormagistrate of the traffic tribunal.
(c) Those judges of the administrative adjudication court inactive service on July 1, 1999 shall serve within the traffic tribunal.Whenever the total number of judges and magistrates in the traffic tribunalexclusive of the chief magistrate shall be less than seven (7), the chiefjustice of the supreme court, with the advice and consent of the senate, may,as needed, assign a duly qualified member of the bar of this state to act as amagistrate to fill such vacancy and shall submit his or her name to the senatefor confirmation. In the event of a vacancy in the position of chiefmagistrate, the chief justice of the supreme court shall appoint a successor inaccordance with subsection 8-8.2-1(a). Any magistrate assigned under thissection shall serve a term of ten (10) years and until a successor is appointedand qualified, and shall be in the unclassified service of the state. Nothingherein shall be construed to prohibit the assignment of a magistrate to morethan one such term, subject to the advice and consent of the senate.Compensation for any such magistrate shall be determined by the chiefmagistrate of the traffic tribunal subject to appropriation by the generalassembly but in no event shall the compensation be equal to or more than thatof an associate judge of the district court. Magistrates of the traffictribunal shall participate in the state retirement system in the same manner asall members of the unclassified service.
(ii) If any judge of the traffic tribunal shall retire, or avacancy becomes available through death, disability or any other reason, theposition shall be filled by a magistrate consistent with the provisions of thissection.
(d) Each judge and magistrate of the traffic tribunal shalldevote full time to his or her judicial duties, except as may be otherwiseprovided by law. He or she shall not practice law while holding office, norshall he or she be a partner or associate of any person in the practice of law.
(e) Judges and magistrates of the traffic tribunal shall besubject to the provisions of R.I. Const. Art. XI; to the code of judicialconduct or successor code promulgated by the supreme court of this state, tothe jurisdiction of the Commission on Judicial Tenure and Discipline inaccordance with chapter 16 of this title; and to the administrative authorityand control of the chief justice of the supreme court in accordance withchapter 15 of this title, except that §§ 8-15-3 and 8-15-3.1 shallnot apply to judges and/or magistrates of the traffic tribunal.
(f) The traffic tribunal shall be a tribunal of record andshall have a seal with such words and devices as it shall adopt.
(g) Judges and magistrates of the traffic tribunal shall havethe power to administer oaths and affirmations.
(h) Administrative/supervisory officials. (1) Thereshall be an assistant to the administrative magistrate of the traffic tribunalwho shall be appointed by and serve at the pleasure of the chief magistrate andwho shall perform such clerical and administrative duties as may be assigned tohim or her by the chief magistrate of the traffic tribunal and theadministrative judge or magistrate of the traffic tribunal. The assistant tothe administrative judge or magistrate shall have the power to administer oathsand affirmations within the state.
(2) There shall be a clerk of the traffic tribunal who shallbe appointed by and serve at the pleasure of the chief magistrate of thetraffic tribunal; provided, however, that, effective July 1, 1999, the firstclerk of the traffic tribunal shall be that person holding the position ofadministrator/clerk of the administrative adjudication court as of May 1, 1998,and that person shall hold office for the balance of a term of twelve (12)years which began on September 1, 1992, without the necessity of appointment bythe governor or advice and consent of the senate. The clerk of the traffictribunal shall exercise his or her functions under the direction and control ofthe chief magistrate of the traffic tribunal and the administrative judge ormagistrate of the traffic tribunal. The clerk of the traffic tribunal shallhave the power to administer oaths and affirmations within the state.
(i) Clerical Personnel/Court Recorders. (1) The chiefmagistrate of the traffic tribunal shall appoint deputy clerks and assistanceclerks for the traffic tribunal to serve at his or her pleasure. All suchclerks may administer oaths and affirmations within the state.
(2) The chief magistrate of the traffic tribunal shallappoint sufficient court recorders to enable all proceedings to be recorded byelectronic means and who shall assist in such other clerical duties as may beprescribed from time to time by the chief magistrate of the traffic tribunal.
(3) The chief magistrate of the traffic tribunal shall employsuch clerical assistants in addition to deputy clerks as may be required in thetraffic tribunal to perform clerical duties.