§ 8-8-16.2 - District court clerk/magistrate.
SECTION 8-8-16.2
§ 8-8-16.2 District courtclerk/magistrate. – (a) Any person who is a member of the bar of Rhode Island may be appointeddistrict court clerk/magistrate by the chief judge in his or her capacity asadministrative head of the court, subject to the advice and consent of thesenate. The district court clerk/magistrate shall hold that office for a termof ten (10) years and until a successor is appointed and qualified. Nothingherein shall be construed to prohibit the assignment of the district courtclerk/magistrate to more than one such term, subject to the advice and consentof the senate. The district court clerk/magistrate shall have the power to hearand determine any matters that may be assigned to the district courtclerk/magistrate by the chief judge all to the same effect as if done by ajudge of the district court, including, but not limited to, matters relating tothe determination of, monitoring, collection and payment of restitution andcourt ordered fines, fees and costs or the ordering of community service inlieu 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 efficientperformance 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 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 answerquestions or produce evidence or for behavior disrupting a proceeding or othercontempt of his or her authority; provided; however, that no such imprisonmentshall occur prior to review by a judge of the court.
(7) To adjudicate a person in contempt and to order him orher 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 toperform any other act; provided, however, that no such imprisonment shalloccurr prior to review by a judge of the court.
(8) To issue a capias and/or body attachment for the failureof a party or witness to appear after having been properly served or givennotice by the court and, should the court not be in session, the personapprehended may be detained at the adult correctional institutions, if anadult, or at the Rhode Island training school for youth, if a child, until thenext session of the court;
(9) To issue writs of habeas corpus to bring before him orher or a judge of the court any person in jail or in prison to be examined as awitness 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 theends of justice may be attained, and for no other purpose; and
(10) To issue warrants of arrest and search warrants to thesame extent as an associate judge of the court.
(c) Except as otherwise indicated, a party aggrieved by anorder entered by the district court clerk/magistrate shall be entitled to areview 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 ofcontempt and adjudications of the clerk/magistrate.
(d) The district court clerk/magistrate shall:
(1) Be governed by the commission on judicial tenure anddiscipline, pursuant to chapter 16 of this title, in the same manner asjustices and judges;
(2) Be subject to all provisions of the canons of judicialethics;
(3) Be subject to all criminal laws relative to judges byvirtue of §§ 11-7-1 and 11-7-2.
(4) Receive any salary that may be established by the statecourt administrator pursuant to § 8-15-4. The provisions of this sectionshall be afforded liberal construction.