8-1-1. Composition — Effect of resignation or retirement on pending cases.

The supreme court shall consist of a chief justice and four (4) associate justices; provided, however, that whenever any justice of the supreme court shall cease to be a justice thereof by reason of resignation or retirement, the resigned or retired justice shall be eligible to exercise the function of a justice of the supreme court for the purpose of participating in rendering decisions in all causes argued to the court prior to the resignation or retirement of the justice. The provisions of this section shall be interpreted and construed liberally, for the purpose of accomplishing the purpose thereof.

History of Section. C.P.A. 1905, § 1; G.L. 1909, ch. 272, § 1; G.L. 1923, ch. 322, § 1; G.L. 1938, ch. 495, § 1; G.L. 1956, § 8-1-1 ; P.L. 1973, ch. 14, § 1.

8-1-2. Jurisdiction and powers of court.

The supreme court shall have general supervision of all courts of inferior jurisdiction to correct and prevent errors and abuses therein when no other remedy is expressly provided; it may issue writs of habeas corpus, of error, certiorari, mandamus, prohibition, quo warranto and all other extraordinary and prerogative writs and processes necessary for the furtherance of justice and the due administration of the law; it may entertain informations in the nature of quo warranto and petitions in equity to determine title to any office; it shall have jurisdiction of petitions for trials and new trials, as provided by law, of bills of exceptions, appeals and certifications to the supreme court, and special cases in which parties having adversary interests concur in stating questions for the opinion of the court as provided by law; and it shall by general or special rules regulate the admission of attorneys to practice in all the courts of the state.

History of Section. C.P.A. 1905, § 2; G.L. 1909, ch. 272, § 2; G.L. 1923, ch. 322, § 2; G.L. 1938, ch. 495, § 2; G.L. 1956, § 8-1-2 .

8-1-3. Written opinions.

The supreme court shall render written opinions in all cases decided by it wherein points of law, pleading, or practice have arisen which are novel or of sufficient importance to warrant written opinions. A supreme court administrative assistant shall prepare and file with the clerk of the court the original paper copy and an electronic copy of each opinion or rescript; the clerk shall then distribute copies for the use of the reporter, and one for each of the parties involved in the cause in which the opinion or rescript is given not less than two (2) hours prior to the posting of the opinion on the supreme court website. Thereafter, the clerk shall post a copy of the opinion on the supreme court website.

History of Section. C.P.A. 1905, § 3; G.L. 1909, ch. 272, § 3; G.L. 1923, ch. 322, § 3; G.L. 1938, ch. 495, § 3; G.L. 1956, § 8-1-3 ; P.L. 1977, ch. 79, § 1; P.L. 2007, ch. 144, § 1; P.L. 2007, ch. 273, § 1.

8-1-4. Seal of court.

The supreme court shall have a seal, which shall contain the words “SUPREME COURT OF THE STATE OF RHODE ISLAND”, and such device as the court shall adopt.

History of Section. C.P.A. 1905, § 36; G.L. 1909, ch. 274, § 9; G.L. 1923, ch. 324, § 9; G.L. 1938, ch. 497, § 9; G.L. 1956, § 8-1-4 ; P.L. 2021, ch. 77, § 1, effective June 23, 2021; P.L. 2021, ch. 78, § 1, effective June 23, 2021.

8-1-5. Reporter — Appointment and tenure.

The supreme court shall appoint a reporter of the decisions and opinions of the court, who shall hold office during the pleasure of the court.

History of Section. C.P.A. 1905, § 63; G.L. 1909, ch. 277, § 1; G.L. 1923, ch. 327, § 1; G.L. 1938, ch. 502, § 1; G.L. 1956, § 8-1-5 .

8-1-6. Duties of reporter.

The reporter shall make true reports of all cases in which written opinions have been rendered, and of all decisions and rescripts of the court which he or she may deem to be important and useful, and also all such matters as the court may order to be reported.

History of Section. C.P.A. 1905, § 64; G.L. 1909, ch. 277, § 2; G.L. 1923, ch. 327, § 2; G.L. 1938, ch. 502, § 2; G.L. 1956, § 8-1-6 .

8-1-7. Printing of reports.

The reporter shall, as often as he or she has material for a printed volume of not less than six hundred (600) pages, notify the state purchasing agent, and the agent shall call for competitive bids for printing and binding the volume and shall award the contracts therefor to the lowest responsible bidder, who shall publish the material, with an index prepared by the reporter, in a bound volume to be known as the Rhode Island Reports.

History of Section. C.P.A. 1905, § 65; G.L. 1909, ch. 277, § 3; P.L. 1913, ch. 911, § 1; P.L. 1922, ch. 2177, § 1; G.L. 1923, ch. 327, § 3; G.L. 1938, ch. 502, § 3; P.L. 1939, ch. 659, § 2; G.L. 1956, § 8-1-7 .

8-1-8. Distribution of reports — Payment of cost.

Whenever the reporter shall cause to be published, as provided in § 8-1-7 , an edition of a volume of reports, he or she may retain for his or her own use twenty-five (25) copies. The remainder of the edition he or she shall deliver to the secretary of state, and shall assign to the secretary of state, for the use of the state, the copyright of the volume, if it shall have been copyrighted. Upon the delivery, and upon the assignment in case of a copyright, the state controller shall draw his or her order upon the general treasurer for the cost of the edition upon receipt by him or her of proper vouchers authenticated by the reporter and approved by the state purchasing agent.

History of Section. C.P.A. 1905, § 68; G.L. 1909, ch. 277, § 6; redesignated § 4 by P.L. 1913, ch. 911, § 2; P.L. 1922, ch. 2177, § 1; G.L. 1923, ch. 327, § 4; G.L. 1938, ch. 502, § 4; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 8-1-8 .

8-1-9. Judicial conference of Rhode Island.

There is hereby established a judicial conference to be known as the judicial conference of Rhode Island, consisting of all the justices of the supreme, superior, and district courts and the family court of the state and of such other members as the supreme court may from time to time determine, for the consideration of matters relating to judicial business, the improvement of the judicial system, and the administration of justice. The supreme court shall by rule provide for the organization and conduct of the conference. The general assembly shall annually appropriate such sums as shall be necessary to carry out the purposes of this section, and the state controller is hereby authorized and directed to draw his or her order on the general treasurer for the payment of such sum, or so much thereof, as may be required from time to time, upon receipt by him or her of duly authenticated vouchers approved by the presiding justice.

History of Section. G.L., § 8-1-9 , as enacted by P.L. 1962, ch. 12, § 1.

8-1.1-1 — 8-1.1-9. Repealed.

History of Section. P.L. 1977, ch. 155, § 1; Repealed by P.L. 1994, ch. 42, § 2, effective upon ratification of a constitutional amendment to R.I. Const., art. X, §§ 4 and 5. The constitutional amendments were ratified by a majority of the voters in the election held November 8, 1994.

8-2-1. Composition.

There shall be a superior court which shall consist of a presiding justice and twenty-one (21) associate justices.

History of Section. C.P.A. 1905, § 4; G.L. 1909, ch. 273, § 1; P.L. 1913, ch. 906, § 1; P.L. 1922, ch. 2157, § 1; G.L. 1923, ch. 323, § 1; P.L. 1930, ch. 1554, § 1; P.L. 1935, ch. 2254, § 1; G.L. 1938, ch. 496, § 1; G.L. 1956, § 8-2-1 ; P.L. 1968, ch. 179, § 1; P.L. 1974, ch. 85, § 2; P.L. 1976, ch. 252, § 2; P.L. 1980, ch. 53, § 1; P.L. 1988, ch. 404, § 1; P.L. 1989, ch. 126, art. 24, § 7; P.L. 1993, ch. 99, § 1; P.L. 1994, ch. 358, § 1; P.L. 1995, ch. 370, art. 23, § 1.

8-2-1.1. Repealed.

History of Section. P.L. 1988, ch. 404, § 2; P.L. 1989, ch. 126, art. 24, § 7; P.L. 1991, ch. 44, art. 65, § 1; Repealed by P.L. 1993, ch. 99, § 2, effective July 14, 1993.

8-2-1.2. Repealed.

History of Section. P.L. 1994, ch. 358, § 2; Repealed by P.L. 1995, ch. 370, art. 23, § 2, effective July 1, 1995.

8-2-2. Repealed.

History of Section. C.P.A. 1905, § 5; G.L. 1909, ch. 273, § 2; G.L. 1923, ch. 323, § 2; P.L. 1930, ch. 1504, § 1; P.L. 1935, ch. 2254, § 7; G.L. 1938, ch. 496, § 2; G.L. 1956, § 8-2-2 ; P.L. 1977, ch. 263, § 1; P.L. 1980, ch. 97, § 1; Repealed by P.L. 1994, ch. 42, § 3, effective June 2, 1994.

8-2-3. Time and place of holding court.

A superior court shall be held at such times and places as shall be appointed by law, by such of the justices thereof as shall be designated from time to time by the presiding justice.

History of Section. C.P.A. 1905, § 6; G.L. 1909, ch. 273, § 3; G.L. 1923, ch. 323, § 3; G.L. 1938, ch. 496, § 3; G.L. 1956, § 8-2-3 .

8-2-4. Presiding justice as administrative judge.

The presiding justice of the superior court shall be the administrative judge. He or she shall be the administrative head of the superior court and have supervision and control of the calendars and of the assignment of justices. All court stenographers and secretaries shall be under his or her supervision. It shall be his or her duty to gather such statistics as shall reflect accurately the work of the court for the information of the court and such other use as he or she may deem expedient.

History of Section. G.L., ch. 496, § 3, as enacted by P.L. 1952, ch. 3030, § 1; G.L. 1956, § 8-2-4 ; P.L. 1968, ch. 179, § 1.

8-2-5. Repealed.

History of Section. G.L., ch. 496, § 3, as enacted by P.L. 1952, ch. 3030, § 1; G.L. 1956, § 8-2-5 ); Repealed by P.L. 1969, ch. 239, § 5.

8-2-6. Recommendations by administrative judge to chief justice.

The administrative judge shall also be charged with the general responsibility for making any recommendations to the chief justice that he or she may believe important concerning the work of the superior court or any officers in any way connected therewith.

History of Section. G.L., ch. 496, § 3, as enacted by P.L. 1952, ch. 3030, § 1; G.L. 1956, § 8-2-6 ; P.L. 1969, ch. 239, § 3.

8-2-7. Information requests by administrative judge.

The judges of the superior court shall comply with all requests made by the administrative judge for information and statistical data bearing on the state of the dockets of the court and such other information as may reflect the business, and the state of business, transacted by them.

History of Section. G.L. 1938 ch. 496, § 27; P.L. 1952, ch. 3030, § 2; G.L. 1956, § 8-2-7 ; P.L. 1969, ch. 239, § 3.

8-2-8. Repealed.

History of Section. P.L. 1942, ch. 1233, § 1; G.L. 1956, § 8-2-8 ; Repealed by P.L. 2002, ch. 222, § 3; P.L. 2002, ch. 377, § 4, effective June 28, 2002.

8-2-9. Repealed.

History of Section. P.L. 1942, ch. 1233, § 2; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 8-2-9 ; Repealed by P.L. 2002, ch. 222, § 3; P.L. 2002, ch. 377, § 4, effective June 28, 2002.

8-2-10. Repealed.

History of Section. P.L. 1942, ch. 1233, § 3; G.L. 1956, § 8-2-10 ; Repealed by P.L. 2002, ch. 222, § 3; P.L. 2002, ch. 377, § 4, effective June 28, 2002.

8-2-11. Administrative clerk.

There shall be an administrative clerk in the superior court, who shall be appointed by the presiding justice in his or her capacity as administrative judge and who shall hold office at the pleasure of the administrative judge. The clerk shall perform such duties and attend to such matters as may be assigned to him or her by the administrative judge.

History of Section. G.L. 1938, ch. 496, § 26; P.L. 1952, ch. 3030, § 2; G.L. 1956, § 8-2-11 ; P.L. 1969, ch. 239, § 3.

8-2-11.1. Administrator/magistrate.

1. Any person holding the position of administrative clerk in the superior court who is a member of the bar of Rhode Island may be appointed administrator/magistrate for a term of ten (10) years and until a successor is appointed and qualified, by the presiding justice, with the advice and consent of the senate, in his or her capacity as administrative judge. Nothing herein shall be construed to prohibit the assignment of an administrator/magistrate to more than one such term, subject to the advice and consent of the senate. Any magistrate in service as of January 1, 2008 who serves at the pleasure of the presiding 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 is appointed and qualified.
2. 1. The administrator/magistrate shall have the power to hear and determine such matters as may be assigned to the administrator/magistrate by the presiding justice all to the same effect as if done by a justice of the superior court.
   2. Without limiting the generality of the foregoing powers and authority, the administrator/magistrate is authorized and empowered to hear and determine motions in civil and criminal proceedings, formal and special causes, to conduct arraignments, to grant or deny bail, to accept pleas of not guilty, guilty, or nolo contendere, and to impose sentence on a plea of guilty or nolo contendere, all to the same effect as if done by a justice of the superior court.
3. 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 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 imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;
   7. To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to comply with a pending order to provide payment or to perform any other act; and
   8. To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court.
4. A party aggrieved by an order entered by the administrator/magistrate shall be entitled to a review of the order by a justice of the superior court. Unless otherwise provided in the rules of procedure of the court, the review shall be on the record and appellate in nature. The court shall, by rules of procedure, establish procedures for review of orders entered by the administrator/magistrate, and for enforcement of contempt adjudications of the administrator/magistrate.
5. Final orders of the superior court entered in a proceeding to review an order of the administrator/magistrate may be appealed to the supreme court.
6. The administrator/magistrate shall be:
   1. Governed by the commission on judicial tenure and discipline, chapter 16, of this title, in the same manner as justices and judges;
   2. Subject to all provisions of the canons of judicial ethics;
   3. Subject to all criminal laws relative to judges by virtue of §§ 11-7-1 and 11-7-2 .

History of Section. P.L. 1991, ch. 44, art. 73, § 1; P.L. 1998, ch. 442, § 1; P.L. 2007, ch. 73, art. 3, § 5; P.L. 2008, ch. 1, § 1.

8-2-12. Seal of superior court.

The superior court shall have a seal in each of the counties of Providence, Newport, Kent, and Washington, which shall contain the words “SUPERIOR COURT OF THE STATE OF RHODE ISLAND”, with the name of the county in which the seal belongs, and also such device as the justices of the court, or a majority of them, shall adopt.

History of Section. C.P.A. 1905, § 36; G.L. 1909, ch. 274, § 9; G.L. 1923, ch. 324, § 9; G.L. 1938, ch. 497, § 9; G.L. 1956, § 8-2-12 ; P.L. 2021, ch. 77, § 2, effective June 23, 2021; P.L. 2021, ch. 78, § 2, effective June 23, 2021.

8-2-13. Exclusive jurisdiction of equity actions.

The superior court shall, except as otherwise provided by law, have exclusive original jurisdiction of suits and proceedings of an equitable character and of statutory proceedings following the course of equity; provided, however, that every probate court shall have the power, concurrent with the superior court, to replace, remove, or fill any vacancy of any trustee under a trust established under a will, or to effect tax minimization or estate planning under § 33-15-37.1 . If an action is brought in the superior court which represents an attempt in good faith to invoke the jurisdiction conferred by this section, the superior court shall have jurisdiction of all other actions arising out of the same transaction or occurrence, provided the other actions are joined with the action so brought or are subsequently made a part thereof under applicable procedural rules, and the court may retain jurisdiction over the other actions even though the initial action fails for want of equity jurisdiction.

History of Section. C.P.A. 1905, § 9; G.L. 1909, ch. 273, § 6; G.L. 1923, ch. 323, § 6; G.L. 1938, ch. 496, § 6; G.L. 1956, § 8-2-13 ; P.L. 1961, ch. 73, § 2; P.L. 1966, ch. 1, § 1; P.L. 1996, ch. 110, § 2.

8-2-13.1. Retaining equity jurisdiction during arbitration.

Notwithstanding the existence of any agreement providing for the resolution of disputes, contract violations, or grievances by way of arbitration or other statutory means, the superior court shall have equity jurisdiction to issue temporary restraining orders and injunctions to maintain the status quo as it existed prior to the action which is the subject matter of the dispute pending resolution of the matter through arbitration and/or statutory means. The court’s decision to grant or not to grant a temporary restraining order and/or injunction shall not be considered by the arbitrator in resolving the dispute.

History of Section. P.L. 1988, ch. 487, § 1.

8-2-14. Jurisdiction of actions at law.

1. The superior court shall have original jurisdiction of all actions at law where title to real estate or some right or interest therein is in issue, except actions for possession of tenements let or held at will or by sufferance; and shall have exclusive original jurisdiction of all other actions at law in which the amount in controversy shall exceed the sum of ten thousand dollars ($10,000); and shall also have concurrent original jurisdiction with the district court in all other actions at law in which the amount in controversy exceeds the sum of five thousand dollars ($5,000) and does not exceed ten thousand dollars ($10,000); provided, that the plaintiff shall not recover costs unless he or she shall recover in such action not less than five thousand dollars ($5,000), or unless the action is one in which the title to real estate or some right or interest therein is in question, or unless in the discretion of the court, on motion, costs are awarded. If an action is brought in the superior court which is within the jurisdiction conferred by this section, the superior court shall have jurisdiction of all other actions arising out of the same transaction or occurrence, provided the other actions are joined with the action within the jurisdiction conferred by this section or are subsequently made a part thereof under applicable procedural rules.
2. The superior court shall also have concurrent original jurisdiction, with the probate courts, of the change of names of those persons eighteen (18) years of age or older who have been convicted of any misdemeanor or felony.

History of Section. C.P.A. 1905, § 10; G.L. 1909, ch. 273, § 7; G.L. 1923, ch. 323, § 7; P.L. 1929, ch. 1331, § 5; G.L. 1938, ch. 496, § 7; G.L. 1956, § 8-2-14 ; P.L. 1965, ch. 55, § 1; P.L. 1969, ch. 239, § 3; P.L. 1981, ch. 215, § 1; P.L. 1992, ch. 326, § 2.

8-2-15. Criminal jurisdiction.

The superior court shall have original jurisdiction of all crimes, offenses, and misdemeanors, except as otherwise provided by law, and shall sentence all persons found guilty before it to the punishment prescribed by law. All indictments found by grand juries shall be returned into the court.

History of Section. C.P.A. 1905, § 11; G.L. 1909, ch. 273, § 8; G.L. 1923, ch. 323, § 8; G.L. 1938, ch. 496, § 8; G.L. 1956, § 8-2-15 .

8-2-15.1. Gun court calendar.

1. Findings and declarations.  The General Assembly finds that:
   1. There has been significant growth in the use of firearms in the commission of violent crimes.
   2. Many of the shootings are drug or gang related and endanger law abiding citizens.
   3. Many of the gun offenses are committed while individuals are free on bail for other offenses.
   4. The growing number of gun related offenses constitutes a burden upon the state of Rhode Island and threatens the domestic tranquility of the state and its people, especially residents of the urban areas where these crimes are most prevalent.
   5. In order to deter the use of firearms in the commission of violent crime, and to protect the law abiding public, there must be swift disposition of gun related offenses in our courts, and there must be the certain prospect of prison terms for those who are convicted of such crimes.
2. Declaration of policy.  It is hereby declared to be the policy of the state of Rhode Island to provide maximum safety and security to its people from unlawful gun related violence and intrusion upon their persons and property by expediting the processing and disposition of such cases and, unless otherwise provided, imposing prison terms that must be served.
3. Establishment.  To accomplish this purpose in an effort to minimize delay in the processing of criminal cases in the superior court for the counties of Providence and Bristol relating to the illegal possession and use of guns and other dangerous weapons, there shall be established a separate calendar within the jurisdiction of the superior court for the counties of Providence and Bristol for hearing trial and disposition of actions brought pursuant to §§ 11-47-3 , 11-47-5 , 11-47-5.1 , 11-47-8 , 11-47-24 , 12-13-1.2 , and 12-19-21 .
4. Gun court calendar.
   1. The presiding justice of the superior court shall create a gun court calendar in the superior court for the counties of Providence and Bristol and shall assign personnel to the extent warranted to exclusively hear and decide all criminal actions involving offenses committed in Providence and Bristol counties and brought pursuant to violations of the provisions of §§ 11-47-5 , 11-47-5.1 , 11-47-8 , and 11-47-24 set forth in subsection (c), and it shall be referred to as the “gun court calendar” of the superior court for the counties of Providence and Bristol.
   2. The “gun court calendar” of the superior court for the counties of Providence and Bristol shall also have concurrent jurisdiction with any other calendar of the superior court for the counties of Providence and Bristol to hear and decide all criminal actions involving offenses brought pursuant to violations of the provisions of §§ 11-47-3 , 12-13-1.2 , and 12-19-21 , so long as the criminal action involves the possession, threatened use, or use of a firearm.
5. Time for trial.  All trials in the superior court for the counties of Providence and Bristol involving offenses brought pursuant to the sections as set forth in subsection (c) shall be scheduled for trial on the “gun court calendar” in the superior court for the counties of Providence and Bristol within sixty (60) days of the completion of discovery. No continuances or postponements shall be granted except for good cause shown. Such continuances as are necessary shall be granted for the shortest practicable time.
6. Use of section.  Under no circumstances shall the defendant(s) be permitted to use this section as a basis for a dismissal of an action, as this section is enacted for the benefit and convenience of the superior court for the counties of Providence and Bristol in the assignment of its actions for trial.

History of Section. P.L. 1994, ch. 267, § 1.

8-2-16. Jurisdiction of motions for new trial and extraordinary writs.

The superior court shall have jurisdiction of such motions for new trials as may be provided by law, and concurrently with the supreme court shall have jurisdiction of writs of habeas corpus, mandamus, quo warranto, and informations in the nature of quo warranto.

History of Section. C.P.A. 1905, § 12; G.L. 1909, ch. 273, § 9; G.L. 1923, ch. 323, § 9; G.L. 1938, ch. 496, § 9; G.L. 1956, § 8-2-16 .

8-2-17. Jurisdiction of appeals, statutory proceedings, and probate matters.

The superior court shall have jurisdiction of such appeals and statutory proceedings as may be provided by law, and may exercise general probate jurisdiction in all cases brought before it on appeal from probate courts, or when such jurisdiction is properly involved in suits in equity.

History of Section. C.P.A. 1905, § 13; G.L. 1909, ch. 273, § 10; G.L. 1923, ch. 323, § 10; G.L. 1938, ch. 496, § 10; G.L. 1956, § 8-2-17 .

8-2-18 — 8-2-22. Repealed.

History of Section. G.L. 1923, ch. 323, § 26; P.L. 1935, ch. 2254, § 3; G.L. 1938, ch. 496, § 25; Repealed by P.L. 1961, ch. 73, § 20.

8-2-23. One justice quorum — Two or more sitting together.

Any one justice of the superior court shall be a quorum for all purposes, except as otherwise provided; but the court may, when so ordered by the presiding justice, be held for any purpose by two (2) or more justices, to be designated as provided in § 8-2-4 .

History of Section. C.P.A. 1905, § 7; G.L. 1909, ch. 273, § 4; G.L. 1923, ch. 323, § 4; G.L. 1938, ch. 496, § 4; G.L. 1956, § 8-2-23 .

8-2-24. Simultaneous sessions.

Superior courts may be held, with or without juries, by different justices at the same time and in different places in the same county or in different counties.

History of Section. C.P.A. 1905, § 8; G.L. 1909, ch. 273, § 5; G.L. 1923, ch. 323, § 5; G.L. 1938, ch. 496, § 5; G.L. 1956, § 8-2-24 .

8-2-25. Powers of supreme court justice in vacation.

Any justice of the supreme court may exercise in the vacation of the superior court all the powers which may be exercised during such time by a justice of the superior court.

History of Section. C.P.A. 1905, § 17; G.L. 1909, ch. 273, § 14; G.L. 1923, ch. 323, § 14; G.L. 1938, ch. 496, § 14; G.L. 1956, § 8-2-25 .

8-2-26. Power of justice after retirement, resignation, or elevation.

Whenever any justice of the superior court shall cease to be a justice thereof by reason of elevation to the supreme court, resignation, or retirement, he or she shall have the power to exercise the function of a justice of the superior court for the purpose of rendering a decision or completing any matter pending before him or her as justice of the superior court at the time of the elevation, resignation, or retirement. The provisions of this section shall be interpreted and construed liberally, for the purpose of accomplishing the purpose thereof.

History of Section. G.L. 1923, ch. 324, § 10; P.L. 1935, ch. 2208, §§ 1, 2; G.L. 1938, ch. 497, §§ 10, 11; G.L. 1956, § 8-2-26 .

8-2-27. Venue — Consolidation of actions.

1. Any civil cause or any question of law or fact therein may, by consent of the parties and with approval of the court, be tried and determined in any county. When civil actions involving a common question of law or fact are pending in different counties, the court may in the interest of convenience order any such action transferred to another county for the purpose of consolidating the actions for trial.
2. Any civil cause may be referred from one county to another by the presiding justice of the court in the interest of obtaining a more speedy trial.

History of Section. C.P.A. 1905, § 14; G.L. 1909, ch. 273, § 11; G.L. 1923, ch. 323, § 11; G.L. 1938, ch. 496, § 11; G.L. 1956, § 8-2-27 ; P.L. 1966, ch. 1, § 2; P.L. 1968, ch. 233, § 1; P.L. 1972, ch. 169, § 1.

8-2-28. Transfer of papers between counties.

The superior court may order the papers in any cause to be sent from one county to another; and in matters heard in any county other than that in which the cause was entered, the court shall certify the proceedings to the clerk of the court in the county in which the cause was entered, and shall send to the clerk all the papers therein to be kept on file in his or her office and there recorded.

History of Section. C.P.A. 1905, § 15; G.L. 1909, ch. 273, § 12; G.L. 1923, ch. 323, § 12; G.L. 1938, ch. 496, § 12; G.L. 1956, § 8-2-28 .

8-2-29. Grounds for change of venue.

Whenever it shall be made to appear to the satisfaction of the superior court, as provided in § 8-2-30 , by either party to any civil action, suit, or proceeding now or hereafter pending therein, that by reason of local prejudice or other cause the parties to the action or proceeding, or either of them, cannot have a full, fair, and impartial trial in the court for the county where the action shall have been commenced or shall be pending, the court shall order the cause to be removed for trial to such other county as shall be deemed most fair and equitable for the parties.

History of Section. C.P.A. 1905, § 24; G.L. 1909, ch. 273, § 21; G.L. 1923, ch. 323, § 21; G.L. 1938, ch. 496, § 21; G.L. 1956, § 8-2-29 ; P.L. 1972, ch. 169, § 1; P.L. 1997, ch. 326, § 6.

8-2-30. Petition for change of venue.

Applications for the removal of any civil action, suit, or proceeding, as provided in § 8-2-29 , shall be by petition setting forth the cause or reasons therefor, which petition shall be filed in the office of the clerk of the superior court for the county where the action, suit, or proceeding is pending, and a copy thereof served on the adverse party, or on his or her attorney of record, within ten (10) days after the filing of the petition; and no such petition in any civil cause shall be heard until the expiration of five (5) days after the service of the copy, unless by agreement of the parties.

History of Section. C.P.A. 1905, § 25; G.L. 1909, ch. 273, § 22; G.L. 1923, ch. 323, § 22; P.L. 1928, ch. 1205, § 1; G.L. 1938, ch. 496, § 22; G.L. 1956, § 8-2-30 ; P.L. 1972, ch. 169, § 1.

8-2-31. Order for change of venue.

If, upon hearing the petition and the evidence thereon, the court shall be of opinion that a full, fair, and impartial trial cannot be had in the court for the county where the cause shall have been commenced or is pending, the court shall make an order of removal, directing the clerk of the court where the cause is pending to transmit the record thereof to the clerk of the court for the county named in the order of removal, to which county the cause shall be removed.

History of Section. C.P.A. 1905, § 26; G.L. 1909, ch. 273, § 23; G.L. 1923, ch. 323, § 23; G.L. 1938, ch. 496, § 23; G.L. 1956, § 8-2-31 .

8-2-32. Retention of papers or return to original county.

If an entire cause shall have been removed under the provisions of this chapter, all further proceedings in the cause shall be taken as if the cause had been commenced in the county to which it was removed. If less than the entire cause shall have been removed, then upon determination of the question for which removal was made, the record shall be remitted to the clerk of the court for the county from which the cause was removed.

History of Section. C.P.A. 1905, § 27; G.L. 1909, ch. 273, § 24; G.L. 1923, ch. 323, § 24; G.L. 1938, ch. 496, § 24; G.L. 1956, § 8-2-32 ; P.L. 1966, ch. 1, § 2.

8-2-33. Territorial extent of powers of justices.

Any justice of the superior court may order special service of any process, original or auxiliary, in any proceeding within the jurisdiction of the court, by personal notice, notice by mail, or publication in a newspaper within or without the state, for the purpose of dealing with any property, relation, or person within the state or otherwise subject to the jurisdiction of the court, and may make orders, decrees, and judgments in one county in cases pending in any other county, which orders and decrees and judgments shall be transmitted to the clerk of the court for the other county.

History of Section. C.P.A. 1905, § 16; G.L. 1909, ch. 273, § 13; G.L. 1923, ch. 323, § 13; G.L. 1938, ch. 496, § 13; G.L. 1956, § 8-2-33 ; P.L. 1965, ch. 55, § 1.

8-2-34. Impaneling and instruction of grand juries.

All grand juries shall be impaneled by the superior court. They shall be empowered, required, and charged to diligently inquire and make true presentment of all crimes and offenses done or committed within their jurisdiction, and shall, insofar as may be deemed necessary, be instructed by the court in the law relative thereto.

History of Section. C.P.A. 1905, § 18; G.L. 1909, ch. 273, § 15; G.L. 1923, ch. 323, § 15; G.L. 1938, ch. 496, § 15; G.L. 1956, § 8-2-34 .

8-2-35. Arraignment of persons presented — Warrants on indictments or information.

The superior court may arraign all persons presented by a grand jury or charged by information filed by the attorney general, and may require such persons to plead to the indictment against them, if in custody, or if taken while the court is in session; and if not in custody, or taken while the court is in session, may issue warrants on the indictment or information.

History of Section. C.P.A. 1905, § 19; G.L. 1909, ch. 273, § 16; G.L. 1923, ch. 323, § 16; G.L. 1938, ch. 496, § 16; G.L. 1956, § 8-2-35 ; P.L. 1972, ch. 169, § 1; P.L. 1974, ch. 118, § 1.

8-2-36. Admission to bail.

The superior court may admit to bail all persons brought before it for any offense whatsoever.

History of Section. C.P.A. 1905, § 20; G.L. 1909, ch. 273, § 17; G.L. 1923, ch. 323, § 17; G.L. 1938, ch. 496, § 17; G.L. 1956, § 8-2-36 .

8-2-37. Requiring recognizance of criminal complainants.

The superior court may require the complainant in any criminal pleading pending therein to give recognizance with sufficient surety to prosecute his or her complaint, with effect, and in default thereof the court may dismiss the complaint.

History of Section. C.P.A. 1905, § 22; G.L. 1909, ch. 273, § 19; G.L. 1923, ch. 323, § 19; G.L. 1938, ch. 496, § 19; G.L. 1956, § 8-2-37 .

8-2-38. Instructions to jury.

In every case, civil and criminal, tried in the superior court with a jury, the justice presiding shall instruct the jury in the law relating to the action, and may sum up the evidence therein to the jury whenever he or she may deem it advisable so to do; but any material misstatement of the testimony by him or her may be excepted to by the party aggrieved.

History of Section. C.P.A. 1905, § 23; G.L. 1909, ch. 273, § 20; G.L. 1923, ch. 323, § 20; G.L. 1938, ch. 496, § 20; G.L. 1956, § 8-2-38 .

8-2-39. General magistrate — Appointment, duties and powers.

1. There is hereby created within the superior court the position of general magistrate who shall be appointed by the presiding justice of the superior court, with the advice and consent of the senate, 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 general magistrate to more than one such term, subject to the advice and consent of the senate. The person appointed to serve as general magistrate shall be a member of the bar of Rhode Island. The powers and duties of the general magistrate shall be prescribed in the order appointing him or her.
2. 1. The general magistrate shall assist the court in:
      1. 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;
      2. The determination and payment of claims under the violent crimes indemnity fund for the Criminal Injuries Compensation Act of 1972, chapter 25 of title 12;
      3. The determination and payment of claims from the Criminal Royalties Distribution Act of 1983, chapter 25.1 of title 12; and
      4. Such other matters as the presiding justice of the superior court determines are necessary.
   2. The chief justice of the supreme court, with the consent of the presiding justice and, if applicable, the chief judge of a particular court, may assign the general magistrate to serve as a magistrate in any court of the unified system. When the general magistrate is so assigned he or she shall be vested, authorized, and empowered with all the powers belonging to the magistrate position to which he or she is specially assigned.
3. The general magistrate will be empowered to hear all motions, pretrial conferences, arraignments, probable cause hearings, bail hearings, bail and probation revocation hearings, and to review all such matters including, but not limited to the above, and to modify the terms and conditions of probation and other court-ordered monetary payments including, but not limited to, the extension of time for probation and court-ordered monetary payments as provided by law. The general magistrate shall have the power to take testimony in connection with all matters set forth herein.
4. 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 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 imprisoned for not more than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;
   7. To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to comply with a pending order to provide payment or to perform any other act; and
   8. To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served 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.
5. A party aggrieved by an order entered by the general magistrate shall be entitled to a review of the order by a justice of the relevant court. Unless otherwise provided in the rules of procedure of the court, such review shall be on the record and appellate in nature. The court shall, by rules of procedure, establish procedures for review of orders entered by a general magistrate, and for enforcement of contempt adjudications of a general magistrate.
6. Final orders of the superior or family court entered in a proceeding to review an order of a general magistrate may be appealed to the supreme court. Final orders of the district court entered in a proceeding to review an order of the general magistrate may be appealed to the superior court.
7. The general magistrate shall:
   1. Receive all credits and retirement allowances as afforded justices under chapter 3 of this title and any other applicable law, including without limitation, § 8-3-16 ;
   2. Receive a salary equivalent to that of a district court judge;
   3. Be governed by the commission on judicial tenure and discipline, chapter 16, of this title, in the same manner as justices and judges;
   4. Be subject to all provisions of the canons of judicial ethics or code of judicial conduct;
   5. Be subject to all criminal laws relative to judges by virtue of §§ 11-7-1 and 11-7-2 .
8. The provisions of this section shall be afforded liberal construction.
9. The presiding justice of the superior court shall initially appoint such support staff as may be necessary, relating to preparation, investigation, and implementation of the  general magistrate’s  functions. Effective November 15, 1993, the support staff shall be placed under the supervision and management of the superior court, and new appointments or personnel changes in the support staff shall be subject to the directions and approval of the superior court, consistent with any applicable collective bargaining agreements. The general magistrate shall have the power and authority to issue subpoenas and to compel the attendance of witnesses at any place within the state, to administer oaths and to require testimony under oath. The  general magistrate, or his or her designee, may serve his or her process or notices in a manner provided for the service of process and notice in civil or criminal actions in accordance with the rules of court.

History of Section. P.L. 1988, ch. 129, art. 25, § 1; P.L.1991, ch. 44, art. 73, § 1; P.L. 1994, ch. 348, § 1; P.L. 1998, ch. 442, § 1; P.L. 2007, ch. 73, art. 3, § 6; P.L. 2012, ch. 415, § 9.

8-2-39.1. Special magistrate.

There is hereby created within the superior court the position of special magistrate, who shall be appointed by the presiding justice of the superior court, with the advice and consent of the senate, for a period of ten (10) years, and until a successor is appointed and qualified. Nothing contained herein shall be construed to prohibit the reappointment of a special magistrate for one or more additional ten (10) year terms, subject to the advice and consent of the senate. The person appointed to serve as special magistrate shall be a member of the bar of the state of Rhode Island. The special magistrate shall have the duties, responsibilities, powers and benefits as authorized in § 8-2-39 .

History of Section. P.L. 1997, ch. 30, art. 1, § 21; P.L. 1998, ch. 442, § 1; P.L. 2007, ch. 73, art. 3, § 6.

8-2-39.2. Drug court magistrate — Appointment, duties and powers.

1. For the purposes of this chapter:
   1. “Non-violent” means and includes all charges that are not crimes of violence, the following being a list of all charges considered to be crimes of violence for the purposes of this section: murder, manslaughter, first-degree arson, kidnapping with intent to extort, robbery, first-degree sexual assault, second-degree sexual assault, first- and second-degree child molestation, assault, assault with intent to murder, assault with intent to rob, assault with intent to commit first-degree sexual assault, entering a dwelling house with intent to commit murder, robbery, or sexual assault.
   2. “Drug-addicted person” means a person who exhibits a maladaptive pattern of behavior resulting from drug use, including one or more of the following: impaired control over drug use; compulsive use; and/or continued use despite harm, and craving.
2. There is hereby created within the superior court the position of drug court magistrate who shall be appointed by the presiding justice of the superior court with the advice and consent of the senate. The persons appointed to serve as drug court magistrates shall be members of the bar of Rhode Island. The powers and duties of the drug court magistrate shall be prescribed in the order appointing him or her in addition to those described herein.

   The drug court magistrate’s term shall be ten (10) years and until a successor is appointed and qualified. Nothing in this section shall prohibit a drug court magistrate from being reappointed for additional ten-year (10) terms by the presiding justice of the superior court with the advice and consent of the senate. He or she shall receive a salary equivalent to that received by the special magistrate assigned to the superior court. The drug court magistrate shall preside over the adult drug court. The adult drug court program shall combine the coercive powers of the court with a therapeutic regimen in order to rehabilitate drug addicted defendants.

3. The drug court magistrate shall be empowered to hear and decide as a superior court justice all matters relating to those adult offenders who come before the jurisdiction of the superior court on any offense relating to the offender’s participation in the adult drug court. In addition, the drug court magistrate shall have the power to impose a period of incarceration upon a plea of guilty or nolo contendere, and also have the power to confine any person who has been found to be in violation of any conditions previously imposed by the superior court.
4. The drug court magistrate shall make the final determination as to whether a defendant is admitted into the program. Individuals meeting the following criteria shall be screened by staff working at the office of the attorney general upon the department’s own referral; upon a request by counsel entered on behalf of a defendant; upon request by a judge of the superior or district court, or, in the case of a person waivable by the family court, by a judge of that court; or the department of corrections for admittance into the adult drug court:
   1. The individual is charged with or convicted of an alcohol- or drug-related offense or with an appropriate non-violent offense.
   2. The individual has no pending charges for felony crimes of violence.
   3. The individual has no pending charges for delivery of a controlled substance.
   4. The defendant is a drug-addicted person.
5. All individuals accepted into drug court will be bound by a drug court contract, as defined by the adult drug court, that sets forth the court’s expectations; the role and responsibilities of the drug court; the conditions imposed upon and the responsibilities of the defendant; and the treatment plan goals and strategies. If a defendant fails to abide by the drug court conditions and orders, he or she may be terminated from the program by the drug court judge and sentenced as he or she deems appropriate.
6. The drug court magistrate shall be empowered to hear and decide as a superior court justice all matters that may come before the superior court pursuant to chapter 37.1 of title 11 “sexual offender registration and community notification.”
7. The drug court magistrate and/or the presiding justice of the superior court may fix the venue of any person who is before the superior court as a participant in the adult drug court or who is alleged to be a sexual predator, and who has filed an objection to community notification.
8. In addition, at the discretion of the presiding justice of the superior court, the drug court magistrate shall have the duties, responsibilities, and powers authorized in subsections 8-2-39(b) , (c) and (d).
9. The drug court magistrate shall be governed by the commission on judicial tenure and discipline, chapter 16 of title 8, in the same manner as justices and judges; shall be subject to all provisions of the canons of judicial ethics or code of judicial conduct; and shall be subject to all criminal laws relative to judges by virtue of §§ 11-7-1 and 11-7-2 .
10. A party aggrieved by an order entered by the drug court magistrate shall be entitled to a review of the order by a justice of the superior court. Unless otherwise provided in the rules of procedure of the court, such review shall be on the record and appellate in nature. The superior court shall, by rules of procedure, establish procedures for reviews of orders entered by a drug court magistrate, and for enforcement of contempt adjudications of a drug court magistrate.

History of Section. P.L. 2004, ch. 595, art. 19, § 1; P.L. 2005, ch. 343, § 1; P.L. 2007, ch. 73, art. 3, § 6; P.L. 2012, ch. 401, § 1; P.L. 2017, ch. 369, § 1; P.L. 2017, ch. 377, § 1.

8-2-39.3. Superior court diversion.

1. In accordance with § 8-6-2 , the superior court may create, with the approval of the supreme court, rules for a superior court diversion program. The presiding justice may assign a justice or magistrate to administer the diversion program. The program is designed to offer an alternative to traditional conviction, sentencing, and incarceration by providing eligible defendants with a framework of supervision and services in lieu of incarceration and/or probation to help them make informed decisions; engage in positive behavior; and reduce the risk of recidivism.
2. Definitions:
   1. “Disqualifying offense” includes murder; manslaughter; first-degree arson; kidnapping with intent to extort; robbery; felony assault — serious bodily injury; larceny from the person; burglary; entering a dwelling house with intent to commit murder; robbery; sexual assault; any domestic violence offense as defined in chapter 29 of title 12; felony driving while intoxicated; driving while intoxicated — death resulting; driving while intoxicated — serious bodily injury resulting; possession of greater than one ounce (1 oz.) or greater than one kilogram (1 kg.) of a controlled substance, excluding marijuana; possession of greater than five kilograms (5 kg.) of marijuana; any offense requiring sex offender registration pursuant to chapter 37.1 of title 11; and child abuse as defined in § 11-9-5.3 ; and all firearms offenses, as defined in chapter 47 of title 11, with the exception of: § 11-47-6 , mental incompetents and drug addicts prohibited from possession of firearms; § 11-47-8 , license or permit required for carrying pistol — possession of machine gun; and § 11-47-52 , carrying of weapon while under the influence of liquor or drugs. The definition shall also include any attempt or conspiracy to commit any of the offenses included in this subsection.
   2. “Eligible defendant” means any person who stands charged in a district court complaint, superior court indictment, or a superior court information for a felony offense or for a misdemeanor offense in violation of § 21-28-4.01(c)(2)(i) and:
      1. Has not been previously convicted of or pleaded nolo contendere to a disqualifying offense, as defined in this section;
      2. Has not been previously convicted of or pleaded nolo contendere previously to two (2) or more felony offenses within the last five (5) years (excluding any time during which the offender was incarcerated for any reason between the time of commission of the previous felony and the time of commission of the present felony); and
      3. Has not been charged with a disqualifying offense as defined in this section.
3. The procedure for referral and admission into the program shall be as follows:
   1. At any time after the arraignment of an eligible defendant, either in the district court or superior court, but prior to the entry of a plea of guilty or the commencement of trial, a referral may be made to the judicial diversion program’s sentencing case manager. The referral may be made by a representative of the department of the attorney general or counsel entered on behalf of a defendant or upon request by a justice of the superior or district court.
   2. The judicial diversion sentencing case manager shall ensure that the individual is an eligible defendant, and satisfies any additional criteria established by the court through its rules and regulations.
   3. The judicial diversion sentencing case manager shall submit his or her report to the justice or magistrate assigned to the program, indicating acceptance or rejection into the program. Upon receipt of the report, the court shall confer with counsel for the defendant and counsel for the state.
   4. Either party may request a hearing on the issue of whether the defendant should be admitted into the program.
   5. The superior court magistrate or justice assigned to the program shall make the final determination as to whether a defendant is admitted into the program.
4. Notwithstanding the above provisions, if counsel for the department of attorney general and the counsel for the defendant agree that the defendant should be admitted to the program, he or she shall be deemed “eligible” and may be granted admission.
5. Once the defendant has been accepted into the program, the defendant shall sign a contract. The contract will detail the requirements of the program, which requirements shall be consistent with the rules and regulations promulgated by the court. The defendant will be bound by the terms of the contract, which will set forth the court’s expectations; the conditions imposed upon and the responsibilities of the defendant; and the treatment plan goals and strategies. In addition, by signing the contract, the defendant agrees to waive any applicable statute of limitations and/or right to a speedy trial.
6. If a defendant fails to abide by the program’s conditions and orders, he or she may be terminated from the program by the magistrate or justice assigned to the program. If a defendant is terminated from the program then he or she shall have his or her case placed on the superior court criminal calendar in the county that the case originated.
7. The superior court may make such rules and regulations for the administration and enforcement of this chapter as it may deem necessary. Provided, further, notwithstanding any provision of the general or public laws to the contrary, the superior court shall have the power to adopt by rule or regulation, in whole or in part, any standards, rules, regulations, or other standards and procedures governing the judicial diversion program.

History of Section. P.L. 2017, ch. 342, § 1; P.L. 2017, ch. 353, § 1; P.L. 2019, ch. 279, § 1; P.L. 2019, ch. 283, § 1; P.L. 2021, ch. 286, § 1, effective July 9, 2021; P.L. 2021, ch. 287, § 1, effective July 9, 2021.

8-3-1. Engagement of office — Restriction on practice of law.

1. Every justice of the supreme court and of the superior court and of the family court shall, before exercising any of the duties of his or her office, subscribe in duplicate and take the following engagement: “I  _____________________________________ do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution and laws of this state; that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge and perform all the duties incumbent on me as  _____________________________________  according to the best of my abilities, agreeable to law; so help me God.” (Or, “this affirmation I make and give upon peril of the penalty or perjury.”) One of the engagements shall be filed in the office of the clerk of the court of which the justice is a member and entered upon the record thereof, and the other shall be filed in the office of the secretary of state.
2. A justice of the supreme court, of the superior court, and of the family court shall devote full time to his or her judicial duties. He or she shall not practice law while holding office nor shall he or she be a partner or associate of any person in the practice of law.

History of Section. C.P.A. 1905, § 28; G.L. 1909, ch. 274, § 1; G.L. 1923, ch. 324, § 1; G.L. 1938, ch. 497, § 1; G.L. 1956, § 8-3-1 ; P.L. 1969, ch. 239, § 57; P.L. 1985, ch. 150, § 14.

8-3-2. Precedence of associate justices.

The associate justices shall have precedence in their respective courts according to the dates of their commissions, or when the commission of two or more of them bear the same date, according to their ages.

History of Section. C.P.A. 1905, § 31; G.L. 1909, ch. 274, § 4; G.L. 1923, ch. 324, § 4; G.L. 1938, ch. 497, § 4; G.L. 1956, § 8-3-2 .

8-3-3. Vacancy in office or inability of chief justice of supreme court.

Whenever there is a vacancy in the office of chief justice of the supreme court, or whenever the chief justice shall be unable, by reason of illness or absence, to perform the duties of his or her office, the associate justice of the supreme court having precedence who is present and qualified to act shall perform the duties of the office until the vacancy shall be filled or the inability removed.

History of Section. C.P.A. 1905, § 32; G.L. 1909, ch. 274, § 5; G.L. 1923, ch. 324, § 5; P.L. 1932, ch. 1878, § 1; G.L. 1938, ch. 497, § 5; G.L. 1956, § 8-3-3 .

8-3-4. Vacancy in office, inability, or absence of presiding justice of superior court.

Whenever there is a vacancy in the office of presiding justice of the superior court, or whenever the presiding justice shall be unable by reason of illness to perform the duties of his office, the associate justice of the superior court having precedence who is present and qualified to act shall perform the duties of the office until the vacancy shall be filled or the inability removed. In the event that the presiding justice determines that his or her absence will prevent him or her from performing the duties of his or her office, he or she shall designate an associate justice to perform the duties during the period of his or her absence.

History of Section. C.P.A. 1905, § 32; G.L. 1909, ch. 274, § 5; G.L. 1923, ch. 324, § 5; P.L. 1932, ch. 1878, § 1; G.L. 1938, ch. 497, § 5; G.L. 1956, § 8-3-4 ; P.L. 1965, ch. 98, § 1; P.L. 1980, ch. 132, § 1.

8-3-5. Repealed.

History of Section. C.P.A. 1905, § 30; G.L. 1909, ch. 274, § 3; G.L. 1923, ch. 324, § 3; G.L. 1938, ch. 497, § 3; G.L. 1956, § 8-3-5 ; Repealed by P.L. 1987, ch. 381, § 2. Section 7 of P.L. 1987, ch. 381 provides that the repeal of this section by that Act shall take effect on the date that Rhode Island Rules of Evidence adopted by the Supreme Court take effect. Those Rules took effect October 1, 1987.

8-3-6. Justices as conservators of peace — Powers in criminal cases.

The justices of the supreme and superior court shall, by virtue of their office, be severally conservators of the peace throughout the state, and shall severally have the same power in criminal cases throughout the state that district courts have in their respective districts.

History of Section. C.P.A. 1905, § 35; G.L. 1909, ch. 274, § 8; G.L. 1923, ch. 324, § 8; G.L. 1938, ch. 497, § 8; G.L. 1956, § 8-3-6 .

8-3-7. Retirement of justices on reduced pay — Assignment as associate justices.

1. Whenever any person engaged as a judge:
   1. On or before July 2, 1997 has served as a justice of the supreme court, the superior court, the family court, the district court, or any combination thereof for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty-five (65) years, that justice may retire from active service and thereafter the justice shall receive annually during life a sum equal to three-fourths (3/4) of the annual salary that the justice was receiving at the time of retirement;
   2. Subsequent to July 2, 1997 and prior to January 1, 2009, has served as a justice of the supreme court, the superior court, the family court, the district court or any combination thereof, for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty-five (65) years, said justice may retire from active service and thereafter said justice shall receive annually during life a sum equal to three-fourths (3/4) of his or her average highest three (3) consecutive years of compensation;
   3. On or after January 1, 2009, has served as a justice of the supreme court, the superior court, the family court, the district court or any combination thereof, for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty-five (65) years, said justice may retire from active service and thereafter said justice shall receive annually during life a sum equal to seventy percent (70%) of his or her average highest three (3) consecutive years of compensation.
   4. On or after July 1, 2009, shall have served as a justice of the supreme court, the superior court, the family court, the district court, or any of them for twenty (20) years, or has served for ten (10) years, and reached the age of sixty-five (65) years, said justice may retire from regular active service and thereafter said justice shall receive annually during his or her life a sum equal to sixty-five percent (65%) of his or her average highest five (5) consecutive years of compensation.
2. Whenever a justice or magistrate shall be granted a leave of absence without pay, such absence shall not be credited towards active service time for the purposes of retirement.
3. Any justice in any of the courts who shall retire in accordance with the provisions of this section or § 36-9-5 may, at his or her own request and at the direction of the chief justice of the supreme court, subject to the retiree’s physical and mental competence, be assigned to perform such services as an associate justice of the superior court, or the family court, or the district court as the presiding justice of the superior court, or the chief judge of the family court, or the district shall prescribe. When so assigned and performing such service, the justice shall have all the powers and authority of an associate justice of the superior court, the family court, or the district court but otherwise shall have no powers nor be authorized to perform any judicial duties. Such a retired justice shall not be counted in the number of judges provided by law for the superior court, the family court, or the district court.
4. Any justice of the supreme court who shall retire in accordance with the provisions of this section shall at the direction of the chief justice of the supreme court, subject to the retiree’s physical and mental competence, be assigned to perform such services as an associate justice of the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and performing such services, the retiree shall have all the powers and authority of an associate justice of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform any judicial duties relating to the supreme court, except as authorized under § 8-1-1 . Such a retired justice shall not be counted in the number of justices provided by law for the supreme court.

History of Section. C.P.A. 1905, § 29; G.L. 1909, ch. 274, § 2; P.L. 1917, ch. 1475, § 2; P.L. 1922, ch. 2229, § 1; G.L. 1923, ch. 324, § 2; P.L. 1926, ch. 771, § 2; G.L. 1938, ch. 497, § 2; P.L. 1948, ch. 2084, § 1; P.L. 1956, ch. 3832, § 1; G.L. 1956, § 8-3-7 ; P.L. 1959, ch. 2, § 1; P.L. 1970, ch. 300, § 1; P.L. 1973, ch. 163, § 1; P.L. 1979, ch. 256, § 2; P.L. 1983, ch. 76, § 1; P.L. 1997, ch. 93, § 1; P.L. 2005, ch. 165, § 1; P.L. 2007, ch. 126, § 1; P.L. 2007, ch. 179, § 1; P.L. 2008, ch. 100, art. 35, § 1; P.L. 2009, ch. 68, art. 7, § 5; P.L. 2012, ch. 415, § 10.

8-3-7.1. Repealed.

History of Section. P.L. 1997, ch. 93, § 2; P.L. 2005, ch. 165, § 1; P.L. 2007, ch. 126, § 1; P.L. 2007, ch. 179, § 1; Repealed by P.L. 2008, ch. 100, art. 35, § 2, effective June 26, 2008.

8-3-7.2. No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge.

No increment in salary resulting from any rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief judge shall be construed to add to the annual salary of a judicial officer for purposes of retirement under § 8-3-7 .

History of Section. P.L. 1997, ch. 93, § 2; P.L. 2011, ch. 63, § 1; P.L. 2011, ch. 95, § 1.

8-3-8. Retirement of justices on full pay — Assignment as associate justices.

1. Whenever any person engaged as a judge:
   1. On or before July 2, 1997 shall have served as a justice of the supreme court, the superior court, the family court, the district court, or any of them for twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen (15) years, and reached the age of seventy (70) years, that justice may retire from regular active service and thereafter the justice shall receive annually during his or her life a sum equal to the annual salary the justice was receiving at the time of his or her retirement;
   2. Subsequent to July 2, 1997 and prior to January 1, 2009, shall have served as a justice of the supreme court, the superior court, the family court, the district court, or any of them for twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen (15) years, and reached the age of seventy (70) years, said justice may retire from regular active service and thereafter said justice shall receive annually during his or her life a sum equal to his or her average highest three (3) consecutive years of compensation.
   3. On or after January 1, 2009, shall have served as a justice of the supreme court, the superior court, the family court, the district court, or any of them for twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen (15) years, and reached the age of seventy (70) years, said justice may retire from regular active service and thereafter said justice shall receive annually during his or her life a sum equal to ninety percent (90%) of his or her average highest three consecutive years of compensation.
   4. On or after July 1, 2009, shall have served as a justice of the supreme court, the superior court, the family court, the district court, or any of them for twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen (15) years, and reached the age of seventy (70) years, said justice may retire from regular active service and thereafter said justice shall receive annually during his or her life a sum equal to eighty percent (80%) of his or her average highest five (5) consecutive years of compensation.
2. Whenever a justice or magistrate shall be granted a leave of absence without pay, such absence shall not be credited towards active service time for the purposes of retirement.
3. Any justice of any of the courts who shall retire in accordance with the provisions of this section shall at the direction of the chief justice of the supreme court, subject to the retiree’s physical and mental competence, be assigned to perform such services as an associate justice of the superior court, or the family court, or the district court as the presiding justice of the superior court, or the chief judge of the family court, or the district court shall prescribe. When so assigned and performing such service, the retiree shall have all the powers and authority of an associate justice of the superior court, the family court, or the district court but otherwise he or she shall have no powers nor be authorized to perform any judicial duties. Such a retired justice shall not be counted in the number of judges provided by law for the superior court, the family court, or the district court.
4. Any justice of the supreme court who shall retire in accordance with the provisions of this section shall at the direction of the chief justice of the supreme court, subject to the retiree’s physical and mental competence, be assigned to perform such services as an associate justice of the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and performing such services, the retiree shall have all the powers and authority of an associate justice of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform any judicial duties relating to the supreme court, except as authorized under § 8-1-1 . Such a retired justice shall not be counted in the number of justices provided by law for the supreme court.

History of Section. P.L. 1956, ch. 3633, §§ 1, 2; G.L. 1956, § 8-3-8 ; P.L. 1970, ch. 300, § 1; P.L. 1973, ch. 163, § 1; P.L. 1983, ch. 76, § 1; P.L. 1988, ch. 639, § 1; P.L. 1997, ch. 93, § 1; P.L. 2007, ch. 126, § 1; P.L. 2007, ch. 179, § 1; P.L. 2008, ch. 100, art. 35, § 1; P.L. 2009, ch. 68, art. 7, § 5; P.L. 2012, ch. 415, § 10.

8-3-8.1. Repealed.

History of Section. P.L. 1997, ch. 93, § 2; P.L. 2007, ch. 126, § 1; P.L. 2007, ch. 179, § 1; Repealed by P.L. 2008, ch. 100, art. 35, § 2, effective June 26, 2008.

8-3-8.2. No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge.

No increment in salary resulting from any rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief judge shall be construed to add to the annual salary of a judicial officer for purposes of retirement under § 8-3-8 or 8-3-8 .1.

History of Section. P.L. 1997, ch. 93, § 2; P.L. 2008, ch. 229, § 1; P.L. 2008, ch. 321, § 1.

8-3-9. Computation of service time as to former courts.

For purposes of determining eligibility for retirement under §§ 8-3-7 and 8-3-8 , the years of service of any person who has served as an associate judge of the juvenile court prior to September 1, 1961, or who has served as a judge or clerk of a district court as constituted prior to September 15, 1969, or a judge of the workers’ compensation court, shall be included as if the service had been on the court to which the person may have been subsequently appointed.

History of Section. P.L. 1978, ch. 340, § 2; P.L. 1999, ch. 216, § 2; P.L. 1999, ch. 384, § 2.

8-3-10. Service after retirement.

Any justice or judge of the supreme court, superior court, family court, or district court who shall retire in accordance with the provisions of § 8-3-7 , 8-3-8 , or 8-3-12 and who shall subsequently be assigned to perform service in accordance with § 8-3-7 or 8-3-8 , when so assigned and performing such service, shall receive in addition to his or her retirement pension the difference in pay and fringe benefits between what he or she was entitled to receive under § 8-3-7, 8-3-8, or 8-3-12 prior to exercising his or her options available under § 8-3-11 and what a judge or justice with comparable state service time is receiving as a justice or judge of the court to which he/she is assigned, or a justice or judge of the court from which he/she retired, whichever is greater.

History of Section. P.L. 1979, ch. 19, § 3.

8-3-11. Allowances to surviving spouses, domestic partners or minor children of deceased justices.

1. Whenever any justice of the supreme court, the superior court, the family court, or the district court who was engaged as a judge prior to January 1, 2009, dies after retirement or during active service while eligible for retirement, or during active service after having served fifteen (15) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, an amount equal to one-half (1/2) of the annual payment that the justice was receiving by way of salary or retirement pay at the time of his or her death. Whenever a justice of any of the courts shall die without having become eligible to retire either under § 8-3-7 or 8-3-8 and has served seven (7) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, one-third (1/3) of the annual salary that the justice was receiving at the time of his or her death. Whenever a justice of the courts shall die without having become eligible to retire either under § 8-3-7 or 8-3-8 and has not served seven (7) years in office, his or her surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, one-fourth (1/4) of the annual salary that the justice was receiving at the time of his or her death.
2. Any justice of the courts who is engaged as a judge on or after January 1, 2009, and prior to July 1, 2009 may elect to receive retirement pay that is reduced by an additional ten percent (10%) of the average of the highest three (3) consecutive years annual compensation (i.e., ninety percent (90%) reduced to eighty percent (80%) or seventy percent (70) reduced to sixty percent (60%)), and where such option is exercised by giving the general treasurer notice in writing thereof within ninety (90) days after the date of his or her retirement his or her surviving spouse or domestic partner or minor children shall receive annually one-half (1/2) of his or her retirement pay during his or her lifetime so long as he or she remains unmarried or not in a domestic partnership, or the children are under twenty-one (21) years of age provided, however, for any justice engaged on or after July 1, 2009 but prior to July 1, 2012, the reduction shall be based on the average of the highest five (5) consecutive years annual compensation.
3. 1. Any justice of the courts who is engaged as a judge on or after July 1, 2012 and who elects to receive a retirement pay that is reduced, shall receive a lesser retirement allowance as determined by actuarial calculation, which shall be payable throughout life with the provision that:
      1. Option 1. Upon the justice’s death, the justice’s lesser retirement allowance shall be continued throughout the life of and paid to such person having an insurable interest in the justice’s life, as the justice shall nominate by written designation duly acknowledged and filed with the retirement board at the time of his or her retirement.
      2. Option 2. Upon the justice’s death, one-half (1/2) of the justice’s lesser retirement allowance shall be continued throughout the life of and paid to such person, having an insurable interest in the justice’s life, as the justice shall nominate by written designation duly acknowledged and filed with the retirement board at the time of the beneficiary’s retirement.
   2. For purposes of any election under this section the justice may designate more than one person to receive benefits after his or her death, provided that the designation shall specify the portion of the actuarial equivalent of the justice’s retirement allowance to be paid to each person, and provided further that the aggregate actuarial value of the portions shall not exceed the actuarial equivalent of the justice’s retirement benefit determined in the case of an election under this section as of the date of the justice’s retirement.
   3. A justice selecting more than one person to receive benefits under this section may only select beneficiaries from among his or her children, adopted children, step-children, and/or spouse or domestic partner.
4. Whenever any justice of the supreme court, the superior court, the family court, or the district court who was engaged as a judge on or after January 1, 2009, dies during active service while eligible for retirement, or during active service after having served fifteen (15) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, an amount equal to one-half (1/2) of the annual payment that the justice was receiving by way of salary.
5. Whenever a justice of any of the courts who was engaged as a judge on or after January 1, 2009, shall die without having become eligible to retire either under § 8-3-7 or 8-3-8 and has served seven (7) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, one-third (1/3) of the annual salary that the justice was receiving at the time of his or her death.
6. Whenever a justice of the courts who was engaged as a judge on or after January 1, 2009, shall die without having become eligible to retire either under § 8-3-7 or 8-3-8 and has not served seven (7) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, one-fourth (1/4) of the annual salary that the justice was receiving at the time of his or her death.
7. In the event the deceased justice shall have no surviving spouse or domestic partner, or the surviving spouse or domestic partner should predecease their minor children, then the benefits conferred by this section shall be received in equal shares by the minor children, if any, until each shall attain the age of twenty-one (21) years.

History of Section. P.L. 1970, ch. 300, § 2; P.L. 1976, ch. 313, § 1; P.L. 1979, ch. 19, § 5; P.L. 1982, ch. 204, § 1; P.L. 1983, ch. 76, § 1; P. L. 1990, ch. 30, § 1; P.L. 2007, ch. 510, § 1; P.L. 2008, ch. 100, art. 35, § 1; P.L. 2009, ch. 68, art. 7, § 13; P.L. 2009, ch. 343, § 1; P.L. 2009, ch. 344, § 1; P.L. 2011, ch. 408, § 15; P.L. 2011, ch. 409, § 15.

8-3-12. Retirement of judges with general assembly or office service.

Any person, who has served as a member of the general assembly, as a general officer, and as a justice of the supreme court, the superior court, the family court, or the district court, whose combined service as a member of the general assembly, a justice, and a general officer is twenty (20) years or more and who has retired, resigned, and completed such service prior to January 1, 2014, shall, upon reaching the age of sixty-two (62) years, receive during life a sum equal to three-fourths (3/4) of the highest annual salary that the person was receiving during such service.

History of Section. P.L. 1974, ch. 272, § 1; P.L. 1979, ch. 19, § 1; P.L. 1979, ch. 407, § 1; P.L. 1979, ch. 408, § 1; P.L. 1983, ch. 76, § 1; P.L. 2014, ch. 38, § 1; P.L. 2014, ch. 41, § 1.

8-3-13. Pension for surviving spouses or domestic partners of judges dying prior to May 10, 1974.

Whenever any justice of the superior court, having served as a justice for at least seven (7) years who died prior to May 10, 1974 during active service, his or her surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, an amount equal to one-third (1/3) of the annual payment that the justice was receiving by way of salary or retirement pay at the time of his or her death.

History of Section. P.L. 1974, ch. 272, § 1; P.L. 1983, ch. 76, § 1; P.L. 2007, ch. 510, § 1.

8-3-14. Applicability of §§ 8-3-12 — 8-3-14.

Sections 8-3-12 — 8-3-14 shall be applicable to all justices of the supreme court whose retirement, resignation, or death occurred subsequent to January 1, 1963, and prior to May 10, 1974, and the surviving spouses of such justices so long as they remain unmarried. Any surviving spouses of justices eligible for benefits pursuant to this section shall receive benefits hereunder from the time of application therefor, and until their death or remarriage, and such benefits shall not be paid for any time between the death or resignation of such justice and May 10, 1974.

History of Section. P.L. 1974, ch. 272, § 1; P.L. 1983, ch. 76, § 1.

8-3-15. Cost-of-living allowance.

1. All justices of the supreme court, superior court, family court, or district court, or their surviving spouses or domestic partners, who retire after January 1, 1970, and who receive a retirement allowance pursuant to the provisions of this title shall, on the first day of January next following the third anniversary date of retirement, receive a cost-of-living retirement adjustment in addition to his or her retirement allowance in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original allowance, not compounded, to be continued during the lifetime of the justice or his or her surviving spouse or domestic partner. For the purpose of such computation, credit shall be given for a full calendar year regardless of the effective date of the retirement allowance.
2. Any justice who retired prior to January 31, 1977, shall be deemed for the purpose of this section to have retired on January 1, 1977.
3. For justices not eligible to retire as of September 30, 2009, and not eligible upon passage of this article, and for their beneficiaries, the cost of living adjustment described in subsection (a) above shall only apply to the first thirty-five thousand dollars ($35,000) of retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in the Consumer Price Index for all Urban Consumer (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed, of retirement allowance shall be multiplied by the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less, on the month following the anniversary date of each succeeding year. For justices eligible to retire as of September 30, 2009, or eligible upon passage of this article, and for their beneficiaries, the provisions of this subsection (c) shall not apply.
4. This subsection (d) shall be effective for the period July 1, 2012, through June 30, 2015.
   1. Notwithstanding the prior paragraphs of this section, and subject to paragraph (d)(2) below, for all present and former justices, active and retired justices, and beneficiaries receiving any retirement, disability, or death allowance or benefit of any kind, whether provided for or on behalf of justices engaged on or prior to December 31, 1989, as a non-contributory justice or engaged after December 31, 1989, as a contributory justice, the annual benefit adjustment provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the Five-Year Average Investment Return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser of the justice’s retirement allowance or the first twenty-five thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually in the same percentage as determined under (d)(1)(A) above. The “Five-Year Average Investment Return” shall mean the average of the investment return of the most recent five (5) plan years as determined by the retirement board. Subject to paragraph (d)(2) below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd) anniversary of the date of retirement or the date on which the retiree reaches his or her Social Security retirement age, whichever is later. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.
   2. Except as provided in paragraph (d)(3), the benefit adjustments under this section for any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees’ Retirement System of Rhode Island, the Judicial Retirement Benefits Trust, and the State Police Retirement Benefits Trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for such plan year. In determining whether a funding level under this paragraph (d)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.
   3. Notwithstanding paragraph (d)(2), in each fifth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five (5) plan years, a benefit adjustment shall be calculated and made in accordance with paragraph (d)(1) above until the Funded Ratio of the Employees’ Retirement System of Rhode Island, the Judicial Retirement Benefits Trust, and the State Police Retirement Benefits Trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%).
   4. Notwithstanding any other provision of this chapter, the provisions of this paragraph (d) of § 8-3-15 shall become effective July 1, 2012, and shall apply to any benefit adjustment not granted on or prior to June 30, 2012.
5. This subsection (e) shall become effective July 1, 2015.
   1. 1. As soon as administratively reasonable following the enactment into law of this subsection (e), a one-time benefit adjustment shall be provided to justices and/or beneficiaries of justices who retired on or before June 30, 2012, in the amount of two percent (2%) of the lesser of either the justice’s retirement allowance or the first twenty-five thousand dollars ($25,000) of the justice’s retirement allowance. This one-time benefit adjustment shall be provided without regard to the retiree’s age or number of years since retirement.
      2. Notwithstanding the prior subsections of this section, for all present and former justices, active and retired justices, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind, whether provided for or on behalf of justices engaged on or prior to December 31, 1989, as a non-contributory justice or engaged after December 31, 1989, as a contributory justice, the annual benefit adjustment provided in any calendar year under this section for adjustments on and after January 1, 2016, and subject to subsection (e)(2) below, shall be equal to (I) multiplied by (II):
         1. Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:
            1. Is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the five-year average investment return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%). The “five-year average investment return” shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.
            2. Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor Statistics determined as of September 30 of the prior calendar year. In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%).
         2. Is equal to the lesser of either the justice’s retirement allowance or the first twenty-five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount to be indexed annually in the same percentage as determined under subsection (e)(1)(B)(I) above. The benefit adjustments provided by this subsection (e)(1)(B) shall be provided to all retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, and for all other retirees the benefit adjustments shall commence upon the third anniversary of the date of retirement or the date on which the retiree reaches his or her Social Security retirement age, whichever is later.
   2. Except as provided in subsection (e)(3), the benefit adjustments under subsection (e)(1)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for such plan year. In determining whether a funding level under this subsection (e)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.
   3. Notwithstanding subsection (e)(2), in each fourth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four plan years: (i) A benefit adjustment shall be calculated and made in accordance with paragraph (e)(1)(B) above; and (ii) Effective for members and/or beneficiaries of members who retired on or before June 30, 2015, the dollar amount in subsection (e)(1)(B)(II) of twenty-five thousand eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six dollars ($31,026) until the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%).
      1. Effective for members and or beneficiaries of members who have retired on or before July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60) days following the enactment of the legislation implementing this provision, and a second one-time stipend of five hundred dollars ($500) in the same month of the following year. These stipends shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable payment date and shall not be considered cost of living adjustments under the prior provisions of this § 8-3-15 .

History of Section. P.L. 1979, ch. 19, § 4; P.L. 1983, ch. 76, § 1; P.L. 2007, ch. 510, § 1; P.L. 2010, ch. 23, art. 16, § 3; P.L. 2011, ch. 408, § 15; P.L. 2011, ch. 409, § 15; P.L. 2015, ch. 141, art. 21, § 22; P.L. 2016, ch. 511, art. 1, § 5.

8-3-16. Retirement contribution.

1. Judges engaged after December 31, 1989, shall have deducted from total salary beginning December 31, 1989, and ending June 30, 2012, an amount equal to a rate percent of compensation as specified in § 36-10-1 relating to member contributions to the state retirement system. Effective July 1, 2012, all active judges, whether engaged before or after December 31, 1989, shall have deducted from compensation as defined in subsection 36-8-1(8) an amount equal to twelve percent (12%) of compensation, except active Supreme Court Judges as of June 30, 2012, who shall have deducted from compensation as defined in section 36-8-1(8) an amount equal to the percent of compensation in effect on June 30, 2012. Proceeds deposited shall be held in trust for the purpose of paying retirement benefits to participating judges or their beneficiaries on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld. The retirement board shall establish rules and regulations to govern the provisions of this section.
2. The state is required to deduct and withhold member contributions and to transmit same to the retirement system and is hereby made liable for the contribution. In addition, any amount of employee contributions actually deducted and withheld shall be deemed to be a special fund in trust for the benefit of the member and shall be transmitted to the retirement system as set forth herein.
3. A member of the judiciary who withdraws from service or ceases to be a member for any reason other than retirement, shall be paid on demand a refund consisting of the accumulated contributions standing to his or her credit in his or her individual account in the judicial retirement benefits account. Any member receiving a refund shall thereby forfeit and relinquish all accrued rights as a member of the system together with credits for total service previously granted to the member; provided, however, that if any member who has received a refund shall subsequently reenter the service and again become a member of the system, he or she shall have the privilege of restoring all money previously received or disbursed to his or her credit as refund of contributions plus regular interest for the period from the date of refund to the date of restoration. Upon the repayment of the refund as herein provided, the member shall again receive credit for the amount of total service which he or she had previously forfeited by the acceptance of the refund.
4. Whenever any judge dies from any cause before retirement and has no surviving spouse, domestic partner, or minor child(ren), a payment shall be made of the accumulated contributions standing to his or her credit in his or her individual account in the judicial retirement benefits account. The payment of the accumulated contributions of the judge shall be made to such person as the judge shall have nominated by written designation duly executed and filed with the retirement board, or if the judge has filed no nomination, or if the person so nominated has died, then to the estate of the deceased judge.

History of Section. P.L. 1987, ch. 118, art. 15, § 1; P.L. 1988, ch. 129, art. 22, § 2; P.L. 1989, ch. 494, § 1; P.L. 1990, ch. 507, § 1; P.L. 1995, ch. 370, art. 40, § 37; P.L. 2007, ch. 167, § 1; P.L. 2007, ch. 274, § 1; P.L. 2011, ch. 408, § 15; P.L. 2011, ch. 409, § 15; P.L. 2019, ch. 205, § 1; P.L. 2019, ch. 271, § 1.

8-3-17. State contributions.

The state of Rhode Island shall make its contribution for the maintaining of the system established by § 8-3-16 and providing the annuities, benefits, and retirement allowances in accordance with the provisions of this chapter by annually appropriating an amount that will pay a rate percent of the compensation paid after December 31, 1989, to judges engaged after December 31, 1989. The rate percent shall be computed and certified in accordance with the procedures set forth in §§ 36-8-13 and 36-10-2 under rules and regulations promulgated by the retirement board pursuant to § 36-8-3 . The amounts that would have been contributed shall be deposited in a special fund and not used for any purpose on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld.

History of Section. P.L. 1989, ch. 494, § 2; P.L. 1990, ch. 507, § 2; P.L. 2009, ch. 5, art. 10, § 4; P.L. 2009, ch. 68, art. 7, § 10; P.L. 2010, ch. 9, § 3; P.L. 2010, ch. 10, § 3; P.L. 2011, ch. 408, § 15; P.L. 2011, ch. 409, § 15; P.L. 2019, ch. 205, § 1; P.L. 2019, ch. 271, § 1.

8-3-18. Calculation of retirement benefits.

For purposes of the calculation of retirement benefits, in the event that any justice or judge of the supreme court, the superior court, the family court, or the district court participates or acquiesces in a state shutdown or in a reduced salary or a salary deferral plan consistent with any such plan imposed upon or agreed to by other state employees, his or her annual salary shall be calculated as if he or she had not participated or acquiesced in any such shutdown or plan.

History of Section. P.L. 1991, ch. 129, § 4; P.L. 1991 ch. 174, § 4.

8-3-19. Domestic partner — Definition.

For purposes of this chapter, “domestic partner” shall be defined as a person who, prior to the decedent’s death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:

1. Both partners were at least eighteen (18) years of age and were mentally competent to contract;
2. Neither partner was married to anyone else;
3. Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;
4. Partners resided together and had resided together for at least one year at the time of death; and
5. Partners were financially interdependent as evidenced by at least two (2) of the following:
   1. Domestic partnership agreement or relationship contract;
   2. Joint mortgage or joint ownership of primary residence;
   3. Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or
   4. The domestic partner had been designated as a beneficiary for the decedent’s will, retirement contract or life insurance.

History of Section. P.L. 2007, ch. 510, § 2.

8-3-20. Severability.

The holding of any section or sections or parts of this chapter to be void, ineffective, or unconstitutional for any cause shall not be deemed to affect any other section or part hereof.

History of Section. P.L. 2011, ch. 408, § 15; P.L. 2011, ch. 409, § 15.

8-4-1. Clerk of supreme court.

There shall be a clerk of the supreme court, with an office in Providence.

History of Section. C.P.A. 1905, § 48; G.L. 1909, ch. 276, § 1; G.L. 1923, ch. 326, § 1; G.L. 1938, ch. 499, § 1; G.L. 1956, § 8-4-1 .

8-4-2. Appointment and term of supreme court clerk.

In the month of April and every five (5) years thereafter, the chief justice of the supreme court with the advice and consent of the senate, shall appoint a clerk of the supreme court. The person so appointed shall hold office until the first day of May in the fifth year next after his or her appointment and until his or her successor is appointed and qualified.

History of Section. G.L. 1896, ch. 24, § 6; P.L. 1901, ch. 809, § 2; C.P.A. 1905, § 1086; G.L. 1909, ch. 30, § 6; P.L. 1914, ch. 1035, § 1; G.L. 1923, ch. 30, § 3; P.L. 1936 (s.s.), ch. 2442, § 1; G.L. 1938, ch. 489, § 3; P.L. 1956, ch. 3832, § 2; G.L. 1956, § 8-4-2 ; P.L. 2002, ch. 109, § 2; P.L. 2002, ch. 425, § 2.

8-4-3. Vacancy in office of clerk.

In case of a vacancy in the office of the clerk of the supreme court from any cause, the chief justice shall appoint some person to fill such vacancy for the balance of the unexpired term and until his or her successor is appointed and qualified.

History of Section. G.L. 1923, ch. 30, § 3; P.L. 1936 (s.s.), ch. 2442, § 1; G.L. 1938, ch. 489, § 3; G.L. 1956, § 8-4-3 ; P.L. 2003, ch. 267, § 1.

8-4-3.1. Repealed.

History of Section. P.L. 1981, ch. 266, § 2; Repealed by P.L. 1996, ch. 138, § 1, effective July 1, 1996.

8-4-4. Clerks of superior court.

There shall be a clerk of the superior court for the counties of Providence and Bristol, and a clerk of the superior court for each of the counties of Newport, Washington, and Kent.

History of Section. C.P.A. 1905, § 49; G.L. 1909, ch. 276, § 2; G.L. 1923, ch. 326, § 2; P.L. 1932, ch. 1856, § 2; G.L. 1938, ch. 499, § 2; G.L. 1956, § 8-4-4 .

8-4-4.1. Retirement of superior court clerks as clerks emeritus.

Any clerk of the superior court serving on or after May 16, 1984 and who retires from the position of clerk under the state retirement system after having served not less than nine (9) years in the position shall, upon such retirement, be deemed to be clerk emeritus of the superior court, shall retain the authority and power of a clerk of the superior court, including but not limited to the authority and power to join persons in marriage in any city or town in this state, and shall be available, subject to the retiree’s physical and mental competence, for assignment for active duty as clerk of the superior court without additional compensation therefor by the presiding judge thereof.

History of Section. P.L. 1984, ch. 435, § 1.

8-4-5. Appointment, terms, and salaries of superior court clerks.

In the month of May, 1971, and in the month of January in 1976 and in every fifth year thereafter, the presiding justice of the superior court, with the advice and consent of the senate, shall appoint a clerk of the superior court for the counties of Providence and Bristol, and a clerk of the superior court for each of the counties of Newport, Washington, and Kent. The persons so appointed shall hold office until the first day of February in the fifth year next after their appointment and until their successors are appointed and qualified. They shall be entitled to the same longevity salary increases as though they were in the classified service.

History of Section. P.L. 1911, ch. 720, § 1; G.L. 1923, ch. 30, § 6; P.L. 1932, ch. 1856, § 1; P.L. 1936 (s.s.), ch. 2441, § 1; G.L. 1938, ch. 489, § 4; G.L. 1956, § 8-4-5 ; P.L. 1968, ch. 128, § 1; P.L. 1971, ch. 168, § 1; P.L. 1972, ch. 250, § 1; P.L. 1973, ch. 209, § 1; P.L. 1978, ch. 205, art. IX, § 4; P.L. 2005, ch. 10, § 1; P.L. 2005, ch. 21, § 1.

8-4-6. Vacancies in office of superior court clerk.

In case of a vacancy in the office of clerk of the superior court for the counties of Providence and Bristol, or in the office of clerk of the superior court of either of the counties of Newport, Washington, or Kent, from any cause, the presiding justice of the superior court with the advice and consent of the senate shall appoint some person to fill such vacancy for the balance of the unexpired term and until his or her successor is appointed and qualified.

History of Section. G.L. 1923, ch. 30, § 6; P.L. 1936 (s.s.), ch. 2441, § 1; G.L. 1938, ch. 489, § 4; G.L. 1956, § 8-4-6 ; P.L. 2005, ch. 10, § 1; P.L. 2005, ch. 21, § 1.

8-4-7. Repealed.

History of Section. C.P.A. 1905, § 50; G.L. 1909, ch. 276, § 3; G.L. 1923, ch. 326, § 3; G.L. 1938, ch. 499, § 3; G.L. 1956, § 8-4-7 ; Repealed by P.L. 1980, ch. 96, § 1. For present law see § 42-20-9 .

8-4-8. General duties of clerks.

The superior court clerks shall constantly attend the sittings of their respective courts, shall keep the seal, books, and papers thereof, shall collect and receive all fines and costs in criminal cases, and all court fees in civil cases and shall account therefor as required by law, shall make fair entries and records of all the proceedings, judgments, orders, and decrees therein either in writing or by means of an electronic storage system or other data compilation system, shall furnish stationery to be allowed by the court for the use of the court, and shall do and perform all other things which by law or the rules of the court shall appertain to their office.

History of Section. C.P.A. 1905, § 51; G.L. 1909, ch. 276, § 4; G.L. 1923, ch. 326, § 4; G.L. 1938, ch. 499, § 4; G.L. 1956, § 8-4-8 ; P.L. 1980, ch. 93, § 1; P.L. 1989, ch. 202, § 1.

8-4-9. Duty to recite pleadings in record of judgment.

The superior court clerks shall, in the record of every judgment, recite the substance of the pleadings in the cause, except that the court may by general rule, general order, or special order direct in what manner and to what extent, if any, the pleadings in any or all causes which are entered in either of the courts shall be extended upon the records; and whenever, by accident, neglect, or otherwise, except by order of the court, any clerk shall have failed to record the proceedings of the court of which he or she is clerk, in any cause pending before it, the court may direct the acting clerk to record the proceedings, upon such evidence as may be satisfactory to it, giving notice to the parties interested, or their attorneys, whenever from the circumstances of the case the court may deem proper.

History of Section. C.P.A. 1905, § 52; G.L. 1909, ch. 276, § 5; P.L. 1922, ch. 2168, § 1; G.L. 1923, ch. 326, § 5; G.L. 1938, ch. 499, § 5; G.L. 1956, § 8-4-9 .

8-4-10. Indexing of judgment records.

The superior court clerks shall make or cause to be made two (2) indexes to every current book and electronic storage system or other data compilation system of records of judgments in their offices, one, an alphabetical index of the names of all the plaintiffs, complainants, or petitioners, giving also the names of the defendants or respondents, in each case; and the other, an alphabetical index of the names of all the defendants or respondents, giving also the names of the plaintiffs, complainants, or petitioners, in each case.

History of Section. C.P.A. 1905, § 53; G.L. 1909, ch. 276, § 6; G.L. 1923, ch. 326, § 6; G.L. 1938, ch. 499, § 6; G.L. 1956, § 8-4-10 ; P.L. 1990, ch. 203, § 1.

8-4-11. Repealed.

History of Section. C.P.A. 1905, § 54; G.L. 1909, ch. 276, § 7; G.L. 1923, ch. 326, § 7; G.L. 1938, ch. 499, § 7; G.L. 1956, § 8-4-11 ; Repealed by P.L. 1961, ch. 73, § 20.

8-4-12. Appointment of clerk pro tempore.

In case of the death, resignation, absence, inability, or refusal to serve of any of the superior court clerks, the chief justice, or the presiding justice of the court in which the vacancy, or inability, or refusal to serve occurs, may appoint a clerk pro tempore, who shall hold his or her office until the clerk shall have returned or the inability shall have been removed or another clerk shall have been appointed to fill the vacancy and shall have qualified.

History of Section. C.P.A. 1905, § 55; G.L. 1909, ch. 276, § 8; G.L. 1923, ch. 326, § 8; G.L. 1938, ch. 499, § 8; G.L. 1956, § 8-4-12 .

8-4-13. Qualification and compensation of clerk pro tempore.

The clerk appointed pursuant to § 8-4-12 shall be sworn and give bond before he or she enters upon the duties of his or her office and shall, during his or her term of service, be entitled to the compensation of the office.

History of Section. C.P.A. 1905, § 56; G.L. 1909, ch. 276, § 9; G.L. 1923, ch. 326, § 9; G.L. 1938, ch. 499, § 9; G.L. 1956, § 8-4-13 .

8-4-14. Appointment of deputies.

The clerk of the supreme court, with the approval of the Chief Justice, may appoint one or more deputy clerks, who, being sworn, may discharge all the duties of the clerk appointing them.

History of Section. C.P.A. 1905, § 57; G.L. 1909, ch. 276, § 10; G.L. 1923, ch. 326, § 10; G.L. 1938, ch. 499, § 10; G.L. 1956, § 8-4-14 ; P.L. 1981, ch. 266, § 1; P.L. 1997, ch. 311, § 1.

8-4-15. Removal of deputies — Compensation — Liability for misconduct or neglect.

Each deputy clerk shall be removable at the pleasure of the Chief Justice of the Supreme Court; and the supreme court clerk appointing him or her shall fix the amount of his or her compensation within the amount appropriated therefor and shall be liable for his misconduct or neglect of duty.

History of Section. C.P.A. 1905, § 58; G.L. 1909, ch. 276, § 11; G.L. 1923, ch. 326, § 11; G.L. 1938, ch. 499, § 11; G.L. 1956, § 8-4-15 ; P.L. 1981, ch. 266, § 1; P.L. 1997, ch. 311, § 1.

8-4-16. Assistant supreme court clerks.

The clerk of the supreme court shall appoint, with the approval of the court, not more than two (2) assistant clerks, who shall hold office until removed by the clerk or the court.

History of Section. C.P.A. 1905, § 59; G.L. 1909, ch. 276, § 12; G.L. 1923, ch. 326, § 12; G.L. 1938, ch. 499, § 12; G.L. 1956, § 8-4-16 .

8-4-17. Appointment of assistant superior court clerks — Employment of clerical assistance by the presiding justice.

1. The presiding justice shall appoint as many assistant clerks as may be necessary, who shall hold office until removed by the presiding justice.
2. The presiding justice is hereby authorized and empowered to employ such clerical assistance in addition to assistant clerks as may be required in the clerk’s office in copying, recording, indexing, and attending upon the files of the court, and the general assembly shall annually appropriate such sum as it may deem necessary for this purpose; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer in payment for such assistance, upon proper vouchers approved and certified by the presiding justice or his or her designee.

History of Section. C.P.A. 1905, § 60; G.L. 1909, ch. 276, § 13; P.L. 1909, ch. 406, § 1; P.L. 1918, ch. 1639, § 1; P.L. 1920, ch. 1850, § 1; P.L. 1922, ch. 2165, § 1; G.L. 1923, ch. 326, § 13; P.L. 1925, ch. 621, § 1; P.L. 1927, ch. 994, § 1; P.L. 1928, ch. 1178, § 1; P.L. 1930, ch. 1543, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 499, § 13; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 8-4-17 ; P.L. 1981, ch. 266, § 1; P.L. 1997, ch. 311, § 1.

8-4-18. Powers of assistants in Providence and Bristol counties.

Each of the assistant clerks for the counties of Providence and Bristol shall aid his principal in the discharge of his duties and any act done by him or her, under direction of the clerk, in the line of duty of the clerk, shall have the same force and effect as though done by the clerk; he or she shall have authority to administer oaths to parties, witnesses, and others as required in the conduct of the proceedings of the court.

History of Section. C.P.A. 1905, § 61; G.L. 1909, ch. 276, § 14; G.L. 1923, ch. 326, § 14; P.L. 1930, ch. 1544, § 1; G.L. 1938, ch. 499, § 14; G.L. 1956, § 8-4-18 .

8-4-19. Employment of clerical assistants in Kent, Washington, and Newport counties.

The clerks of the superior courts within the counties of Kent, Washington, and Newport may employ such clerical assistance in their respective offices as they may deem necessary, and the general assembly shall annually appropriate such sum as it may deem necessary for this purpose; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much thereof as may from time to time be required, upon receipt by him or her of proper vouchers approved by the clerk of the court.

History of Section. C.P.A. 1905, § 62; P.L. 1908, ch. 1546, § 1; G.L. 1909, ch. 276, §§ 15, 17, 18; P.L. 1915, ch. 1196, § 1; P.L. 1916, ch. 1390, § 1; P.L. 1919, ch. 1731, § 1; P.L. 1919, ch. 1786, § 1; P.L. 1920, ch. 1918, § 1; P.L. 1920, ch. 1934, § 1; G.L. 1923, ch. 326, §§ 15, 17, 18; P.L. 1930, ch. 1546, § 1; P.L. 1931, ch. 1708, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 499, § 15; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 8-4-19 .

8-4-20. Custody of files and records.

The files and records of the supreme court shall be in the custody of the clerk of the supreme court. The files and records now in the offices of the clerks of the superior court in the counties of Providence, Newport, Washington, and Kent, which were transferred to the offices from the appellate division and the common pleas division of the supreme court in those counties, shall be and remain, respectively, in the custody of the clerks of the superior court in each of those counties. The files and records in the office of the clerk of the superior court in Providence, including all books, papers, and records of the office and all other public property, which were transferred from the office of the assistant clerk of the superior court in Bristol to the office in Providence, shall there remain in the custody of the clerk.

History of Section. P.L. 1906, ch. 1327, § 1; G.L. 1909, ch. 276, § 16; G.L. 1923, ch. 326, § 16; P.L. 1932, ch. 1856, § 2; G.L. 1938, ch. 499, § 16; G.L. 1956, § 8-4-20 .

8-4-21. General assistant clerks.

The presiding justice of the superior court shall appoint four (4) general assistant clerks, who shall hold office until removed by the presiding justice. Each of the general assistant clerks may be designated by the presiding justice for service in assisting any of the clerks of the superior court for the several counties throughout the state. When so designated, that general assistant clerk shall aid the clerk of the county or counties where he or she shall be so designated and any act done by him or her, under direction of the clerk of the county, in the line of duty of the clerk, shall have the same force and effect as though done by the clerk; each general assistant clerk shall have the authority in any county to administer oaths to parties, witnesses, and others, as required in the conduct of the proceedings of the court. The general assistant clerks may be advanced to the rank of deputy clerk by appointment of the presiding justice of the superior court and may in their capacities as deputy clerks be designated by the presiding justice for service in assisting any of the clerks of the superior court for the several counties throughout the state and may discharge all of the duties which could be performed by the clerk of the superior court for any county.

History of Section. P.L. 1974, ch. 159, § 1; P.L. 1976, ch. 162, § 1; P.L. 1981, ch. 266, § 1; P.L. 1997, ch. 311, § 1.

8-4.1-1. Incentive pay plan.

There is hereby established an incentive pay program in accordance with the provisions of this chapter offering financial compensation to clerks of the supreme, superior, family, and district courts and administrators of the workers’ compensation court for furthering their education in the field of court administration or law enforcement. This incentive program shall apply to clerks who hold this position on July 5, 1994, and shall not apply to any person hired as a clerk after July 5, 1994.

History of Section. P.L. 1976, ch. 205, § 1; P.L. 1981, ch. 227, § 1; P.L. 1994, ch. 125, § 1.

8-4.1-2. Eligibility for plan.

1. Any full time clerk of the supreme, superior, family, or district court or administrators of the workers’ compensation court shall be eligible for the plan established by this chapter provided he or she:
   1. Has, on or before July 5, 1994, acquired the requisite degree as set forth in § 8-4.1-3 ; or
   2. Has, on or before July 5, 1994, accumulated at least fifty percent (50%) of the credits necessary to receive either degree as set forth in § 8-4.1-3 and thereafter receives that degree; or
   3. Is, on July 5, 1994, enrolled in a degree program, completion of which will entitle him or her to either degree as set forth in § 8-4.1-3, and thereafter receives that degree.
2. The clerk, within thirty (30) days after July 5, 1994, must submit to the court administrator a certified copy of a transcript from a college or university as evidence of such credits. Provided, however, notwithstanding any general or public law to the contrary, incentive payments shall not be continued to any person in the future when the person no longer holds a clerk position as set forth in this section. Additionally, no clerk hired after July 5, 1994, shall be eligible to receive incentive payments under the provisions of this chapter.

History of Section. P.L. 1976, ch. 205, § 1; P.L. 1981, ch. 227, § 1; P.L. 1994, ch. 125, 1.

8-4.1-3. Incentive steps.

Advancement to each of the incentive salary steps shall be based on the following accomplishments in either administration of justice or law enforcement, or a baccalaureate degree acceptable for admission to a law school accredited by the council of Legal Education of the American Bar Association.

Incentive Increase Above Degree Steps Basic Salary Required 1 $2,000 Associate Degree 2 $3,200 Baccalaureate Degree

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History of Section. P.L. 1976, ch. 205, § 1; P.L. 1994, ch. 125, § 1.

8-4.1-4. Eligible education.

No credit shall be granted for any degree other than in the major concentration of court administration or law enforcement or a baccalaureate degree acceptable for admission to a law school accredited by the council of Legal Education of the American Bar Association.

History of Section. P.L. 1976, ch. 205, § 1; P.L. 1987, ch. 549, § 1.

8-4.1-5. Appropriation.

The state of Rhode Island shall bear the expense of incentive payments. The general assembly shall annually appropriate such sums as it may deem necessary to carry out the provisions of this chapter; and the controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or so much thereof as may be required from time to time upon receipt by him or her of duly authenticated vouchers.

History of Section. P.L. 1976, ch. 205, § 1.

8-4.1-6. Additional credit for masters degree.

Any other provision of this chapter to the contrary notwithstanding, every full time clerk of the supreme, superior, family, or district court who earns the degree of master in public administration shall be paid, in addition to basic salary and any other credit to which he or she is entitled hereunder, the additional sum of seven hundred fifty dollars ($750) each year.

History of Section. P.L. 1982, ch. 409, § 1.

8-4.1-7. Effective date.

Sections 8-4.1-1 — 8-4.1-3 shall not take effect for any existing court clerks or administrators presently receiving an incentive pay under this chapter until the expiration of any collective bargaining agreement in existence on July 5, 1994. However, upon the expiration of the collective bargaining agreement which is in effect at the time of July 5, 1994, §§ 8-4.1-1 — 8-4.1-3 shall apply to all existing clerks receiving an incentive under this chapter.

History of Section. P.L. 1994, ch. 125, § 2.

8-5-1. Supreme court secretary and assistant.

The supreme court may appoint a secretary and an assistant secretary, each of whom shall hold office during its pleasure and shall perform such duties as may be required by the court.

History of Section. C.P.A. 1905, § 69; G.L. 1909, ch. 278, § 1; P.L. 1920, ch. 1894, § 1; G.L. 1923, ch. 328, § 1; G.L. 1938, ch. 503, § 1; G.L. 1956, § 8-5-1 ; P.L. 2015, ch. 260, § 6; P.L. 2015, ch. 275, § 6.

8-5-2. Superior court secretary and assistants.

The justices of the superior court, or a majority of them, may appoint a secretary of the court and five (5) assistant secretaries, who shall hold office during the pleasure of the court and shall perform such duties as may be required by the court.

History of Section. P.L. 1910, ch. 556, § 1; G.L. 1923, ch. 328, § 2; G.L. 1938, ch. 503, § 2; P.L. 1952, ch. 3030, § 5; G.L. 1956, § 8-5-2 ; P.L. 1974, ch. 175, § 1; P.L. 1976, ch. 217, § 1.

8-5-3. Appointment of superior court reporters and electronic court reporters.

1. The justices of the superior court, or a majority of them, shall appoint competent shorthand writers or stenotypists, known as court reporters, for regular service in the superior court, and one or more such persons for occasional service therein in the absence of other appointees, who shall be known as court reporters. They shall serve during the pleasure of the court and where designated by the presiding justice; provided, that when any justice of the court has retired from active service, and with his or her own consent on request of the presiding justice of the court is assigned to perform service as an associate justice of the court, one of the court reporters or electronic court reporters defined in subsection (b), appointed for occasional service shall, during the time any such justice is so assigned and performing service, be appointed for regular service in the court, and when performing such regular service, shall receive the same compensation authorized to be paid to court reporters or electronic court reporters appointed for regular service.
2. The presiding justice shall have sole discretion to employ and assign persons to record court proceedings by electronic means as in his or her judgment may be necessary for the conduct of the business of the superior court. Such persons employed and assigned by the presiding justice shall be known as electronic court reporters.

History of Section. C.P.A. 1905, § 70; P.L. 1907, ch. 1420, § 1; G.L. 1909, ch. 278, § 2; P.L. 1913, ch. 907, § 1; P.L. 1922, ch. 2162, § 1; G.L. 1923, ch. 328, § 3; P.L. 1929, ch. 1401, § 1; P.L. 1930, ch. 1541, § 1; G.L. 1938, ch. 503, § 3; P.L. 1946, ch. 1668, § 1; G.L. 1956, § 8-5-3 ; P.L. 1990, ch. 206, § 2.

8-5-4. Court reporters and electronic court reporters — Supplies and preservation of notes and other materials.

All books, papers, recording media, and supplies necessary for use by court reporters and electronic court reporters shall be furnished by the state, and the notebooks used and notes and recordings taken by them shall be the property of the state and be deposited with the clerk of the court in Providence county; provided, the clerk shall not be required to preserve the notebooks and notes and recordings beyond the period of fifteen (15) years.

History of Section. C.P.A. 1905, § 70; P.L. 1907, ch. 1420, § 1; G.L. 1909, ch. 278, § 2; P.L. 1913, ch. 907, § 1; P.L. 1922, ch. 2162, § 1; G.L. 1923, ch. 328, § 3; P.L. 1929, ch. 1401, § 1; P.L. 1930, ch. 1541, § 1; G.L. 1938, ch. 503, § 3; P.L. 1946, ch. 1668, § 1; G.L. 1956, § 8-5-4 ; P.L. 1981, ch. 110, § 1; P.L. 1990, ch. 206, § 2.

8-5-4.1. Freelance court reporters and electronic court reporters.

1. All stenographic notes of freelance court reporters or recordings and notes of freelance electronic court reporters pertaining to all proceedings which have been completely transcribed may be destroyed after seven (7) years, unless otherwise ordered by any court.
2. Stenographic notes of freelance court reporters and recordings and notes of freelance electronic court reporters, pertaining to all proceedings which have not been transcribed or which have been partially transcribed, may be destroyed after ten (10) years unless otherwise ordered by any court.
3. Provided, however, depositions taken under the federal rules of civil procedure shall not be destroyed at any time.

History of Section. P.L. 1981, ch. 178, § 1; P.L. 1990, ch. 206, § 2.

8-5-5. Reports of superior, family and district court and traffic tribunal.

Court reporters shall report stenographically or electronic court reporters or similar recording personnel shall report electronically the proceedings in the trial of every action or proceeding, civil or criminal, in the superior court, family court, district court and traffic tribunal. Each court reporter or electronic court reporter or similar recording personnel shall also, upon the order of any justice of the court, transcribe or otherwise reproduce his or her report to be filed with the papers in the case. He or she shall also make a transcript of or otherwise reproduce the whole or any part of the report upon the written request, filed with the clerk, by either party to the action or proceeding, and when completed and within the time limited by the court for filing the transcript, shall immediately deliver the transcript to the party ordering it, or to the attorney of record of the party, and in the case of transcription by court reporters for such service shall be paid a reasonable compensation, not less than five dollars ($5.00) and not exceeding three dollars ($3.00) per page for originals and one dollar and fifty cents ($1.50) per page for copies thereof, to be allowed by the court; and, in case the transcript is used in subsequent proceedings in the cause, the cost of the transcript may be allowed as a part of the costs. In the case of electronic court recordings the person making the recordings or another person so designated by the court may be requested or ordered, in lieu of making a transcript, to reproduce the recording and certify its authenticity, and in such case each party requesting the reproduction shall pay to the court the sum of ten dollars ($10.00) per cassette.

History of Section. C.P.A. 1905, § 71; G.L. 1909, ch. 278, § 3; P.L. 1909, ch. 421, § 1; P.L. 1916, ch. 1402, § 1; P.L. 1920, ch. 1895, § 1; P.L. 1921, ch. 2041, § 1; P.L. 1921, ch. 2086, § 5; P.L. 1922, ch. 2164, § 1; G.L. 1923, ch. 328, § 4; G.L. 1938, ch. 503, § 4; P.L. 1956, ch. 3763, § 1; G.L. 1956, § 8-5-5 ; P.L. 1966, ch. 1, § 3; P.L. 1972, ch. 29, § 1; P.L. 1979, ch. 320, § 1; P.L. 1985, ch. 174, § 1; P.L. 1990, ch. 206, § 2; P.L. 1995, ch. 95, § 1; P.L. 1999, ch. 218, art. 5, § 4; P.L. 1999, ch. 473, § 2.

8-5-6. Appointing court reporter and electronic court reporter for grand jury proceedings.

Whenever the attorney-general shall make request in writing to the presiding justice of the superior court, he or she shall designate a court reporter or electronic court reporter or similar recording personnel to attend such sittings of any grand jury as the attorney-general may designate and to report stenographically in the case of the court reporter or electronically in the case of an electronic court reporter or similar recording personnel the testimony given before the grand jury, and it shall be lawful for the court reporter or electronic court reporter or similar recording personnel to attend such sittings for such purpose; provided, that the court reporter or electronic court reporter or similar recording personnel shall not be present during the deliberations of the grand jury or other proceedings, except during the taking of testimony. The court reporter or electronic court reporter or similar recording personnel shall, in all cases, before entering upon such duties, be first sworn by the clerk of the court to secrecy. He or she shall transcribe such testimony as the attorney-general may direct, and all such transcripts or recordings shall be delivered forthwith to the attorney-general.

History of Section. C.P.A. 1905, § 70; P.L. 1907, ch. 1420, § 1; G.L. 1909, ch. 278, § 2; P.L. 1913, ch. 907, § 1; P.L. 1922, ch. 2162, § 1; G.L. 1923, ch. 328, § 3; P.L. 1929, ch. 1401, § 1; P.L. 1930, ch. 1541, § 1; G.L. 1938, ch. 503, § 3; P.L. 1946, ch. 1668, § 1; G.L. 1956, § 8-5-6 ; P.L. 1972, ch. 169, § 2; P.L. 1990, ch. 206, § 2.

8-5-7. Appropriations for court reporters and electronic court reporters.

The general assembly shall annually appropriate such sum as it may deem necessary to compensate the stenographers, court reporters, and electronic court reporters and similar recording personnel for their services; and the state controller is hereby authorized and directed to draw his or her order upon the general treasurer for the payment of that sum, or so much thereof as may be necessary for that purpose, upon vouchers approved by the clerk of the superior court for the counties of Providence and Bristol.

History of Section. C.P.A. 1905, § 71; G.L. 1909, ch. 278, § 3; P.L. 1909, ch. 421, § 1; P.L. 1916, ch. 1402, § 1; P.L. 1920, ch. 1895, § 1; P.L. 1921, ch. 2041, § 1; P.L. 1921, ch. 2086, § 5; P.L. 1922, ch. 2164, § 1; G.L. 1923, ch. 328, § 4; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 503, § 4; P.L. 1956, ch. 3763, § 1; G.L. 1956, § 8-5-7 ; P.L. 1990, ch. 206, § 2.

8-5-8. Sign language interpreters/transliterators and Communication Access Realtime Translation (CART) providers for deaf, hard of hearing, and deaf-blind persons.

1. In all civil and criminal cases, in workers’ compensation, district, family, and superior court proceedings, mental health court competency hearings, state traffic tribunals, and in any case in any municipal court, including, but not limited to, on-site, court-provided, alternative dispute resolution, mediation, arbitration, diversion/intervention program or treatment; and in an administrative, commission, or agency hearing; pursuant to chapter 18 of this title, where a party or a witness is a person who is deaf, hard of hearing, or deaf-blind, or a juvenile whose parent or parents are deaf, hard of hearing, or deaf-blind is brought before a court for any reason, he or she shall have the proceedings accessible to him or her in a language that he or she can understand by a sign language interpreter/transliterator or CART provider appointed by the court. In any case where a sign language interpreter/transliterator or CART provider is required to be appointed by the court under this section, the court shall not commence proceedings until the appointed sign language interpreter/transliterator or CART provider is in court in a position not exceeding ten feet (10´) from, and in full view of the person who is deaf, hard of hearing, or deaf-blind. The sign language interpreter/transliterator or CART provider appointed under the terms of the section shall be required to take an oath that he or she will make a legally equivalent, linguistically true interpretation, transliteration, or transcription for the person who is deaf, hard of hearing, or deaf-blind of all the proceedings or hearings of the case or claim in a language that he or she understands; and will orally transfer the meaning of the answer to questions and any other statements of the person who is deaf, hard of hearing, or deaf-blind to counsel, the court, and jury in the English language with exactitude, while accurately reflecting the form and content of the linguistic and paralinguistic elements of the speaker’s discourse.

   Assistive listening devices, or other reasonable and effective auxiliary aids available, shall be provided for the deaf, hard of hearing, and deaf-blind who need to maximize their engagement in the proceedings or hearings in addition to the interpreter/transliterator and/or CART providers.

2. For the purposes of this section, “sign language interpreter/transliterator” means a person who is a certified interpreter as defined in § 5-71-3 in providing the interpreting and transliterating services for the deaf, hard of hearing, and deaf-blind. “CART provider” means a person who is a qualified communication access realtime translation (CART) service provider certified by the National Court Reporters Association. “Paralinguistic elements” means a non-verbal element of language, including all of the pauses, hedges, self-corrections, hesitations, and emotion as they are conveyed through tone of voice, word choice, level of formality, tone of voice, and intonation. “Assistive listening device (ALD) or assistive listening system (ALS)” means instruments that are designed to improve a person’s ability to hear in specific listening situations. Some ALDs amplify a sound signal, but the primary purpose of an ALD is to make the targeted sound easier to hear by isolating the sound source from surrounding noise. Examples are induction loop systems, frequency-modulated (FM) systems, infrared systems, and personal amplifiers. A sign language interpreter/transliterator, or CART provider shall be deemed qualified in accordance with United States Department of Justice regulations effectuating Title II of the federal “Americans with Disabilities Act of 1990,” as from time to time may be amended, Pub. L. 101-336, codified at 42 U.S.C. § 12101 et seq., including regulations, analysis, and technical assistance and as determined by the definition of chapter 71 of title 5 and the commission on the deaf and hard of hearing, based upon recommendations from the National Association of the Deaf, the National Registry of Interpreters for the Deaf, the National Hearing Loss Association of America, and other appropriate agencies. The commission on the deaf and hard of hearing shall coordinate all requests for qualified sign language interpreters/transliterators and CART providers and shall maintain a list of all such sign language interpreters/transliterators and CART providers from which it shall fill such requests. No sign language interpreter/transliterator or CART provider is precluded from being further examined by the court system.
3. Sign language interpreters/transliterators and CART providers appointed under the terms of the section shall be paid by the state or municipality a reasonable compensation fixed by the court.

History of Section. P.L. 1968, ch. 269, § 1; P.L. 1988, ch. 96, § 1; P.L. 1989, ch. 235, § 1; P.L. 1991, ch. 150, § 1; P.L. 1999, ch. 83, § 5; P.L. 1999, ch. 130, § 5; P.L. 1999, ch. 218, art. 5, § 16; P.L. 2013, ch. 179, § 1; P.L. 2013, ch. 218, § 1; P.L. 2014, ch. 528, § 47.

8-5-8.1. Waiver of interpreter/transliterator and CART provider.

1. A non-English speaking person may at any point in the proceeding waive the right to the services of an interpreter/transliterator or a CART provider, but only when: (1) The waiver is approved by the appointing authority after explaining on the record to the non-English speaking person through an interpreter/transliterator or a CART provider the nature and effect of the waiver; (2) The appointing authority determines on the record that the waiver has been made knowingly, intelligently, and voluntarily; and (3) The non-English speaking person has been afforded the opportunity to consult with his or her attorney.
2. At any point in any proceeding or hearing, for good cause shown, a non-English speaking person may retract his or her waiver and request an interpreter/transliterator or a CART provider.

History of Section. P.L. 2013, ch. 179, § 2; P.L. 2013, ch. 218, § 2.

8-5-8.2. Privileged communications.

In the trial of every cause, both civil and criminal, no interpreter/transliterator for the deaf, hard of hearing, and deaf-blind shall be competent to testify concerning any statement made to him or her in connection with the interpreter’s or transliterator’s interpretation or transliteration for the deaf, hard of hearing, and deaf-blind, without the consent of the person making the statement. No duly licensed interpreter/transliterator for the deaf, hard of hearing, and deaf-blind shall be allowed, in giving testimony to disclose any confidential communication, properly entrusted to him or her in his or her professional capacity, and necessary and proper to enable him or her to discharge the functions of his or her office in the usual course of practice or discipline, without the consent of the person making the communication.

History of Section. P.L. 2013, ch. 179, § 2; P.L. 2013, ch. 218, § 2.

8-5-8.3. Visual recording of testimony.

At the request of any party to the proceeding or the hearing or on the appointing authority’s initiative, the appointing authority may order that the testimony of the person who is deaf, hard of hearing, and deaf-blind and the interpretation/transliteration of the proceeding by the qualified interpreter/transliterator be visually recorded for use in verification of the official transcript of the proceeding or hearing.

In any judicial proceeding involving a capital offense, the appointing authority may order that the testimony of the person who is deaf, hard of hearing, and deaf-blind and the interpretation/transliteration of the proceeding or the hearing by the qualified interpreter/transliterator be visually recorded for use in verification of the official transcript of the proceeding or the hearing.

History of Section. P.L. 2013, ch. 179, § 2; P.L. 2013, ch. 218, § 2.

8-5-9. Right to stenographic record.

1. Where not already provided by law, any party to any legal action shall have the right to have a stenographer present provided that the party bears the expense of the stenographer, his or her transcription, and any other expenses incidental thereto. For purposes of this section the term “legal action” shall include all formal proceedings before any court or quasijudicial authority, all administrative hearings described in § 42-35-9 , all zoning hearings, all district court trials, and all workers’ compensation formal proceedings.
2. It shall be the duty of the party desiring the services of a stenographer to secure the presence of the stenographer, and there shall be no right to a continuance because of the unavailability of a stenographer.
3. The provisions of this section shall not be construed to permit stenographers to attend grand jury proceedings as a matter of right.

History of Section. P.L. 1985, ch. 382, § 1.

8-6-1. Judgments, decrees, and orders — Writs and process — Punishment of contempt.

The supreme and superior courts shall have power to enter such judgments, decrees, and orders, and to frame and issue such citations, executions, and other writs and processes, as may be necessary or proper to carry into full effect all the powers and jurisdiction which are or shall be conferred upon them respectively by the constitution or by law. They shall have power to punish, by fine or imprisonment, or both, all contempts of their authority.

History of Section. C.P.A. 1905, § 33; G.L. 1909, ch. 274, § 6; G.L. 1923, ch. 324, § 6; G.L. 1938, ch. 497, § 6; G.L. 1956, § 8-6-1 .

8-6-2. Rules of practice and procedure.

1. The supreme court, the superior court, the family court, the district court and the workers’ compensation court, by a majority of their members, shall have the power to make rules for regulating practice, procedure, and business therein. The chief magistrate of the traffic tribunal shall have the power to make rules for regulating practice, procedure and business in the traffic tribunal. The rules of the superior, family, district court, workers’ compensation court and the traffic tribunal shall be subject to the approval of the supreme court. Such rules, when effective, shall supersede any statutory regulation in conflict therewith.
2. In prescribing such rules, the court shall have regard to the simplification of the system of pleading, practice, and procedure in the courts in which the rules shall apply in order to promote the speedy determination of litigation on the merits; provided, however, that each respective court shall not in the rules of procedure require a party to a civil action to produce either by discovery, motion, to produce or interrogatory an income tax return, W-2 statement, or copies thereof. The rules presently in effect in the courts of the judicial system shall remain and continue in force and effect until revised, amended, repealed, or superseded by rules adopted in accordance with this section.

History of Section. C.P.A. 1905, § 34; G.L. 1909, ch. 274, § 7; G.L. 1923, ch. 324, § 7; P.L. 1930, ch. 1613, § 1; G.L. 1938, ch. 497, § 7; P.L. 1940, ch. 943, § 1; G.L. 1956, § 8-6-2 ; P.L. 1965, ch. 55, § 2; P.L. 1969, ch. 239, § 2; P.L. 1971, ch. 111, § 1; P.L. 1975, ch. 222, § 1; P.L. 1999, ch. 218, art. 5, § 8; P.L. 2008, ch. 1, § 2; P.L. 2013, ch. 29, § 1; P.L. 2013, ch. 44, § 1.

8-6-3. Filing and publication of rules.

All rules shall be filed in the office of the secretary of state and shall be effective upon filing unless with respect to any rule the court adopting the rule shall specify a later date as the effective date thereof, in which case the rule shall be effective upon the date so specified. With each publication of the public laws as required by § 43-2-7 , the secretary of state shall include all rules adopted since the last prior publication thereof.

History of Section. G.L. 1938, ch. 497, § 7; P.L. 1940, ch. 943, § 1; G.L. 1956, § 8-6-3 ; P.L. 1985, ch. 150, § 15.

8-6-4. Rules of criminal procedure.

The rules of criminal procedure of the superior court and the district court, which are to go into effect on September 1, 1972, shall govern practice and procedure in criminal proceedings in those courts and before justices of the peace and bail commissioners and shall remain and continue in force and effect until revised, amended, repealed, or superseded by rules adopted in accordance with the authority granted to those courts.

History of Section. P.L. 1972, ch. 169, § 3.

8-6-5. Arbitration of civil actions.

The presiding justice of the superior court may promulgate rules and regulations providing for compulsory and/or noncompulsory nonbinding arbitration of such category or categories of civil actions filed in, or appealed to, the superior court as he or she shall determine. The matter shall be heard by a single arbitrator who shall be selected by mutual agreement of the plaintiff(s) and defendant(s). If, after thirty (30) days, the plaintiff(s) and defendant(s) are unable to agree upon the selection of an arbitrator, a justice of the superior court shall select the arbitrator upon request in writing from either party. The costs of arbitration shall be borne by the Rhode Island state court system and a reasonable cost of the arbitration, not to exceed five hundred dollars ($500) per case, may be assessed and apportioned to each of the parties by the superior court pursuant to rules and regulations promulgated by the presiding justice of the superior court consistent with § 8-6-6 . The assessed costs received from the parties shall be deposited into the general fund. Any party dissatisfied with the decision of the arbitrator may demand a trial by jury if one was timely claimed in the complaint or answer, or a trial by judge if no jury trial was claimed. The decision of the arbitrator shall not be admissible at the trial. The court may require a party who rejects an arbitrator’s award and demands a trial to post a three hundred dollar ($300) filing fee and pay a technology surcharge in accordance with § 8-15-11 . The filing fee shall be posted with the superior court arbitration office and deposited into an arbitration fund restricted-receipt account established under the control of the state court director of finance. The arbitration funds shall not be subject to the indirect cost recoveries provisions set forth in § 35-4-27 . If more than one party rejects the arbitrator’s award and demands a trial, the filing fee, first received in the arbitration office, shall designate the party rejecting the award. Should the verdict at trial be more favorable to the party than the arbitrator’s award, the filing fee shall be reimbursed to that party. Should the verdict be equal to, or less favorable to, the party than the arbitrator’s award, the filing fee posted shall be forfeited as a sanction. If forfeited as a sanction, the fee shall remain available for program expenses from the arbitration fund restricted-receipt account. The presiding justice of the superior court shall be authorized to retain the services of qualified arbitrators and to direct payment for such services and other related expenses from the arbitration fund restricted-receipt account and may appoint an administrator of the arbitration program for a ten-year (10) term and until a successor is appointed and qualified.

History of Section. P.L. 1988, ch. 522, § 1; P.L. 1990, ch. 429, § 1; P.L. 1991, ch. 365, § 1; P.L. 1992, ch. 188, § 1; P.L. 1994, ch. 70, art. 35, § 2; P.L. 2008, ch. 119, § 4; P.L. 2009, ch. 68, art. 10, § 1; P.L. 2013, ch. 293, § 1; P.L. 2013, ch. 402, § 1; P.L. 2014, ch. 34, § 2; P.L. 2014, ch. 42, § 2.

8-6-6. Filing and publication of rules and regulations.

Upon the approval of the supreme court, all rules and regulations promulgated pursuant to § 8-6-5 shall be filed in the office of the secretary of state and shall be effective upon filing unless with respect to any such rule or regulation the presiding justice of the superior court shall specify a later date as the effective date thereof, in which case the rule or regulation shall be effective upon the date so specified. With each publication of the public laws as required by § 43-2-7 , the secretary of state shall include all such rules and regulations adopted since the last prior publication thereof.

History of Section. P.L. 1988, ch. 522, § 1.

8-7-1. Supreme court sessions.

The supreme court shall be in session at Providence from the first Monday in October in each year to the second Monday in July in the succeeding year and at such other times as the court shall deem proper, with a recess from the third Monday in February to the first Monday in March; provided, that the court may hold sessions at other places within the state whenever it may deem advisable.

History of Section. C.P.A. 1905, § 37; G.L. 1909, ch. 275, § 1; G.L. 1923, ch. 325, § 1; G.L. 1938, ch. 498, § 1; G.L. 1956, § 8-7-1 .

8-7-2. Sessions of superior court.

The superior court shall be in session every year as follows:

1. At Providence, for the counties of Providence and Bristol, on a continuous basis; provided, that the presiding justice shall determine the duration of the various court calendars;
2. Within and for the county of Newport, for a period of not less than thirty-six (36) weeks during the court year;
3. Within and for the county of Kent, for a period of not less than thirty-six (36) weeks during the court year;
4. Within and for the county of Washington, for a period of not less than thirty-six (36) weeks during the court year;
5. At such other times and places as the presiding justice shall fix and determine; provided, that the superior court held within and for the counties of Providence and Bristol shall from time to time make up lists of causes to be tried at Woonsocket and shall sit at Woonsocket for a term of not less than twelve (12) weeks during the court year; and provided, further, that any trial in any of the counties commenced within any regular or special session may be continued thereafter with the consent of the court.

History of Section. C.P.A. 1905, § 38; P.L. 1907, ch. 1441, § 1; G.L. 1909, ch. 275, § 2; G.L. 1923, ch. 325, § 2; P.L. 1931, ch. 1775, § 1; G.L. 1938, ch. 498, § 2; P.L. 1939, ch. 704, § 1; P.L. 1955, ch. 3498, § 1; P.L. 1956, ch. 3729, § 1; G.L. 1956, § 8-7-2 ; P.L. 1969, ch. 239, § 51; P.L. 1971, ch. 76, § 1; P.L. 1974, ch. 243, § 1; P.L. 1979, ch. 255, § 2; P.L. 1985, ch. 429, § 1.

8-7-3. Superior court motion days.

The superior court shall be in session for the purpose of hearing motions in the various counties during the calendar year at such times and places as the presiding justice shall fix and determine.

History of Section. C.P.A. 1905, § 40; P.L. 1907, ch. 1441, § 2; G.L. 1909, ch. 275, § 4; G.L. 1923, ch. 325, § 4; P.L. 1931, ch. 1775, § 1; G.L. 1938, ch. 498, § 4; P.L. 1956, ch. 3729, § 2; G.L. 1956, § 8-7-3 ; R.P.L. 1957, ch. 30, § 1; P.L. 1965, ch. 55, § 3; P.L. 1969, ch. 239, § 51.

8-7-4 — 8-7-6. Repealed.

History of Section. C.P.A. 1905, §§ 41 — 43; P.L. 1907, ch. 1441, §§ 3, 4; G.L. 1909, ch. 275, §§ 5 — 7; G.L. 1923, ch. 325, §§ 5 — 7; G.L. 1938, ch. 498, §§ 5 — 7; P.L. 1956, ch. 3729, § 2; G.L. 1956, §§ 8-7-4 — 8-7-6; P.L. 1959, ch. 172, § 1; Repealed by P.L. 1969, ch. 239, § 52.

8-7-7. Adjournment in absence of quorum or presiding justice.

In the absence of a quorum of the supreme court, the justices in attendance may adjourn. In case of the absence of any justice of the superior court from any trial pending before him or her, any other justice of the court may adjourn the trial.

History of Section. C.P.A. 1905, § 44; G.L. 1909, ch. 275, § 8; G.L. 1923, ch. 325, § 8; G.L. 1938, ch. 498, § 8; G.L. 1956, § 8-7-7 .

8-7-8. Adjournment of superior court by clerk.

Whenever, at any time appointed for the sitting of the superior court, no justice thereof shall be in attendance, the clerk may adjourn the court from day to day until otherwise ordered by a justice of the court.

History of Section. C.P.A. 1905, § 45; G.L. 1909, ch. 275, § 9; G.L. 1923, ch. 325, § 9; G.L. 1938, ch. 498, § 9; G.L. 1956, § 8-7-8 .

8-7-9. Repealed.

History of Section. C.P.A. 1905, § 39; G.L. 1909, ch. 275, § 3; G.L. 1923, ch. 325, § 3; G.L. 1938, ch. 498, § 3; P.L. 1956, ch. 3729, § 2; G.L. 1956, § 8-7-9 ; Repealed by P.L. 1979, ch. 255, § 1. For related provisions see §§ 8-7-2 , 8-7-3 and 8-7-10 , Super. Ct. R. Civ. P. Rule 77, Super. Ct. R. Cr. P. Rule 56.

8-7-10. Superior court always open for business.

The superior court shall be always open for the transaction of all business; but no business shall be transacted on Sunday or on a legal holiday, unless the court shall deem it necessary, with the exception of the twenty-second day of February (as Washington’s birthday) and the fourth day of May (as Rhode Island Independence Day).

History of Section. C.P.A. 1905, § 46; G.L. 1909, ch. 275, § 10; G.L. 1923, ch. 325, § 10; G.L. 1938, ch. 498, § 10; G.L. 1956, § 8-7-10 ; P.L. 1968, ch. 4, § 1.

8-7-11. Repealed.

History of Section. C.P.A. 1905, § 47; P.L. 1908, ch. 1533, § 12; G.L. 1909, ch. 275, § 11; G.L. 1923, ch. 325, § 11; G.L. 1938, ch. 498, § 11; P.L. 1939, ch. 704, § 2; G.L. 1956, § 8-7-11 ; P.L. 1967, ch. 92, § 1; Repealed by P.L. 1979, ch. 255, § 1. For present law see RP 1.4.

8-8-1. District Court established — Chief and associate justices.

There is established a district court for the state of Rhode Island which shall consist of a chief judge and thirteen (13) associate judges. The district court shall be a court of record and shall have a seal with such words and devices as it shall adopt.

History of Section. P.L. 1969, ch. 239, § 4; P.L. 1999, ch. 218, art. 5, § 5; P.L. 2015, ch. 141, art. 15, § 1.

8-8-1.1. Veterans’ treatment calendar.

1. Findings and declarations.  The general assembly finds and declares as follows:
   1. Veterans and active military, Reserve, and National Guard service members have provided, or are currently providing, an invaluable service to our country. In doing so, many return and suffer from mental health injuries, including, but not limited to, post-traumatic stress disorder, depression, anxiety, acute stress, and other injuries that may affect brain function and may also suffer drug and alcohol dependency or co-occurring mental illness and substance abuse problems.
   2. The call back to active duty status rate of Rhode Island’s National Guard is the second highest in the entire United States with over ten thousand (10,000) unit deployments.
   3. The number of veterans living in Rhode Island who have served in the Gulf Wars is three (3) times higher than the national per-capita average and is expected to grow as troops continue to withdraw from Afghanistan.
   4. While the vast majority of returning military do not have contact with the justice system and are well adjusted, contributing members of society, there exists a growing number of defendants appearing in the district court who have served in the United States armed forces and are involved in the criminal justice system as a result of the above-referenced diagnoses.
   5. As a grateful state, we must continue to honor the service of these participants by providing them an alternative to incarceration when feasible, permitting them instead to obtain proper treatment for mental health and substance abuse problems that have resulted from military service through a jail diversion program/treatment program that recognizes their special set of circumstances while at the same time providing accountability for their wrong doing and providing for the safety of the public.
2. Declaration of policy.  It is hereby declared to be the policy of the state of Rhode Island to successfully rehabilitate participants by providing the tools and skills necessary to address their unique challenges and to develop the insight to reintegrate successfully into society and maintain a productive and law-abiding lifestyle within the community.
3. Establishment.  To accomplish this purpose in an effort to direct defendants who have served in the United States armed forces into a court program that integrates support and treatment plans with the judicial process that will result in potential jail diversion, possible reduction of charges, or alternatives in sentencing, there shall be established a separate calendar within the jurisdiction of the district court for hearing, trial and disposition of certain offenses.
4. Veterans’ treatment calendar.  The chief judge of the district court shall create a veterans’ treatment calendar in the district court and shall assign personnel to the extent warranted to exclusively hear and decide all criminal actions involving offenses committed by defendants accepted into the program, and the calendar shall be referred to as the “veterans’ treatment court.”
5. Use of section.  Under no circumstances shall the defendant(s) be permitted to use this section as a basis for a dismissal of an action, as this section is enacted for the benefit and convenience of the district court.

History of Section. P.L. 2015, ch. 141, art. 15, § 2.

8-8-2. Divisions.

1. For the distribution of court business, the state is divided into four (4) divisions as follows:
   1. Second division. The second division consists of the city of Newport and the towns of Jamestown, Little Compton, Middletown, Portsmouth, and Tiverton. Appeals and transfers in cases arising in the enumerated cities and towns of the second division shall be transmitted by the clerk of the Second Division District Court to the clerk of the Newport County Superior Court.
   2. Third division. The third division consists of the city of Warwick and the city of Cranston and the towns of Coventry, East Greenwich, Foster, Glocester, Johnston, Lincoln, North Kingstown, North Providence, North Smithfield, Scituate, Smithfield, West Greenwich and West Warwick. Appeals and transfers in cases arising in the enumerated cities and towns of the third division shall be transmitted by the clerk of the Third Division District Court to the clerk of the Kent County Superior Court.
   3. Fourth division. The fourth division consists of the towns of Charlestown, Exeter, Hopkinton, Narragansett, New Shoreham, Richmond, South Kingstown, and Westerly. Appeals and transfers in cases arising in the enumerated cities and towns of the fourth division shall be transmitted by the clerk of the Fourth Division District Court to the clerk of the Washington County Superior Court.
   4. Sixth division. The sixth division consists of the cities of Central Falls, East Providence, Providence, Pawtucket, Woonsocket and the towns of Barrington, Bristol, Burrillville, Cumberland and Warren. Appeals and transfers in cases arising in the enumerated cities and towns of the sixth division shall be transmitted by the clerk of the Sixth Division District Court to the clerk of the Providence County Superior Court.
2. In each division the place or places for holding court shall be designated by the chief judge.
3. The district court shall have a seal for each of its divisions, which shall contain the words, “District court of the State of Rhode Island, division.”

History of Section. P.L. 1969, ch. 239, § 4; P.L. 1975, ch. 56, § 1; P.L. 1981, ch. 61, § 1; P.L. 1990, ch. 240, § 1; P.L. 2011, ch. 80, § 1; P.L. 2011, ch. 85, § 1; P.L. 2021, ch. 77, § 3, effective June 23, 2021; P.L. 2021, ch. 78, § 3, effective June 23, 2021.

8-8-3. Jurisdiction.

1. The district court shall have exclusive original jurisdiction of:
   1. All civil actions at law, but not causes in equity or those following the course of equity except as provided in § 8-8-3.1 and chapter 8.1 of this title, wherein the amount in controversy does not exceed five thousand dollars ($5,000);
   2. All actions between landlords and tenants pursuant to chapter 18 of title 34 and all other actions for possession of premises and estates notwithstanding the provisions of subsection (c) of this section;
   3. All actions of replevin where the goods and chattels to be replevied are of the value of five thousand dollars ($5,000) or less;
   4. All violations of minimum housing standards whether established by chapter 24.3 of title 45 or by any municipal ordinance, rule, or regulation passed pursuant to the authority granted either by chapter 24.2 of title 45 or by special act of the general assembly governing minimum housing standards; except that in the event the city of Providence or town of North Providence shall by ordinance create a court for the purpose of exercising jurisdiction over violations of minimum housing standards, Providence Municipal Zoning Code and the Rhode Island State Building Code, chapter 27.3 of title 23, concerning properties which are not owned by the state, upon enactment of the ordinance, that court shall have exclusive original jurisdiction of violations of the above listed codes and standards as defined herein occurring within the city of Providence or the town of North Providence, and the district court shall be without jurisdiction over those actions;
   5. All suits and complaints for offenses against the bylaws, ordinances, and regulations of cities and towns whether passed by the cities or towns or under the law by the properly constituted authorities thereof;
   6. All other actions, proceedings, and matters of whatever nature which are or shall be declared to be within the jurisdiction of the court by the laws of the state.
2. The district court shall also have any special jurisdiction which is or may be conferred by charter or law upon justices of the peace if no special court exists or is created by charter or law for that purpose.
3. The district court shall have concurrent original jurisdiction with the superior court of all civil actions at law wherein the amount in controversy exceeds the sum of five thousand dollars ($5,000) and does not exceed ten thousand dollars ($10,000); provided, however, that in any such action, any one or more defendants may in the answer to the complaint demand removal of the action to the superior court, in which event the action shall proceed as if it had been filed originally in the superior court.
4. The district court shall have special jurisdiction to grant relief as set forth under § 15-15-4(b)(1) .

History of Section. P.L. 1969, ch. 239, § 4; P.L. 1977, ch. 277, § 1; P.L. 1978, ch. 182, § 1; P.L. 1981, ch. 215, § 2; P.L. 1982, ch. 134, § 1; P.L. 1985, ch. 150, § 16; P.L. 1985, ch. 492, § 1; P.L. 1986, ch. 200, § 4; P.L. 1986, ch. 547, § 7; P.L. 1987, ch. 447, § 1; P.L. 1988, ch. 158, § 1; P.L. 1989, ch. 240, § 2; P.L. 1989, ch. 285, § 1; P.L. 1996, ch. 214, § 2.

8-8-3.1. Equitable powers as to housing matters.

1. In addition to the powers heretofore exercised, the district court and any court created by municipal ordinance pursuant to § 8-8-3(a)(4) is hereby empowered, in furtherance of its jurisdiction under § 8-8-3(a)(4) , to grant such orders, including temporary restraining orders, and preliminary and permanent injunctions as justice and equity may require.
2. Any court created by municipal ordinance pursuant to § 8-8-3(a)(4) is hereby empowered in furtherance of its jurisdiction to order a building into receivership pursuant to the provisions of chapter 44 of title 34 (“abandoned property”).

History of Section. P.L. 1977, ch. 277, § 2; P.L. 1982, ch. 134, § 1; P.L. 2017, ch. 461, § 1; P.L. 2017, ch. 474, § 1.

8-8-3.2. Record and appeal of housing matters.

1. An electronic record shall be made of the proceedings in the trial or hearing of every action in the district court under the provisions of § 8-8-3(a)(4) . If ordered by the judge trying or hearing the matter a typewritten transcription of the record shall be made and shall be filed with the papers of the case. The transcript shall be completed and filed within the time allowed by the court. A copy of the transcript shall be delivered forthwith to the attorneys of record and for the typing of the transcript a reasonable fee shall be allowed by the court. In the event the typewritten transcription is used in subsequent proceedings the cost of obtaining the transcript shall be allowed as part of the cost of the case.
2. Any party aggrieved by a final judgment, decree, or order of the district court under § 8-8-3(a)(4) may, within twenty (20) days after entry of judgment, petition the supreme court of the state of Rhode Island for a writ of certiorari to review any errors involved. The petition for a writ of certiorari shall set forth the errors claimed. Upon the filing of such a petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari to the district court to certify to the supreme court the record of the proceedings in the case together with any transcript of the proceedings furnished by the petitioner at his or her expense.

History of Section. P.L. 1977, ch. 277, § 2; P.L. 1978, ch. 182, § 1; P.L. 1982, ch. 134, § 1.

8-8-3.3. Equitable powers in residential landlord and tenant matters.

In addition to the powers heretofore exercised, the district court is hereby empowered, in furtherance of its jurisdiction under § 8-8-3(a)(2) , to grant such orders, including temporary restraining orders, and preliminary and permanent injunctions as justice and equity may require.

History of Section. P.L. 1986, ch. 200, § 5.

8-8-4. Habeas corpus.

The district court may issue writs of habeas corpus to bring before it any person in jail for trial in any civil or criminal case pending in the court, or to bring in any such person to be examined as a witness in a suit or proceeding, civil or criminal, pending in the court, that the ends of justice may be attained, and for no other purpose.

History of Section. P.L. 1969, ch. 239, § 4.

8-8-5. Contempt of court.

The district court may punish any contempt of its authority by fine or imprisonment or both.

History of Section. P.L. 1969, ch. 239, § 4.

8-8-6. Special service of process.

The district court may order special service of any process, original or auxiliary, in any proceeding within the jurisdiction of the court, by personal notice, notice by mail, or publication in a newspaper within or without the state, for the purpose of dealing with any property, relation, or person subject to the jurisdiction of the court.

History of Section. P.L. 1969, ch. 239, § 4.

8-8-7. Judges — Temporary service in other courts.

1. A district court judge shall devote full time to his or her judicial duties. He or she shall not practice law while holding office, nor shall he or she be a partner or associate of any person in the practice of law.
2. A district court judge shall be eligible to sit in any division, and, on assignment by the chief justice of the supreme court, shall be eligible to sit for temporary periods in the superior and family courts. A district court judge sitting in the superior or family court shall receive the same salary as a superior or family court judge would receive, and if the district court judge sits for only a portion of a two (2) week pay period in those courts, he or she shall be paid for the entire two (2) week period at the higher rate of pay.
3. A district court judge, subject to the approval of the chief justice of the supreme court, the presiding justice of the superior court and the chief judge of the district court, may serve on the superior court calendar to preside over district court de novo appeals. A district court judge sitting in the superior court presiding over district court de novo appeals shall receive the same salary as a superior court judge would receive.

History of Section. P.L. 1969, ch. 239, § 4; P.L. 1971, ch. 169, § 1; P.L. 1972, ch. 276, § 1; P.L. 1972, ch. 290, §§ 1, 2; P.L. 1985, ch. 150, § 16; P.L. 1994, ch. 42, § 4; P.L. 2003, ch. 332, § 1; P.L. 2003, ch. 403, § 1.

8-8-8. Engagement and acceptance of appointment.

Every judge accepting the office shall, within thirty (30) days after appointment, take the engagement provided in § 8-3-1 and shall file a written notice of his or her acceptance, together with proof of his engagement upon his or her commission, with the secretary of state.

History of Section. C.P.A. 1905, § 118; G.L. 1909, ch. 280, § 6; G.L. 1923, ch. 330, § 6; G.L. 1938, ch. 500, § 6; P.L. 1939, ch. 659, § 2; G.L. 1956, § 8-8-8 .

8-8-8.1. Administrator/clerk — Magistrate.

1. Administrator/clerk.  There shall be a district court administrator/clerk who shall be appointed by the chief judge in his or her capacity as administrative head of the court, and who shall hold office at the pleasure of the administrative judge. The administrator/clerk shall perform such duties and attend to such matters as may be assigned to the administrator/clerk by the administrative judge, other than those duties assigned to the chief clerk in § 8-8-19 . Said duties may be assigned by the chief judge.
2. Magistrate.  Any person holding the position of district court administrator/clerk who is a member of the bar of Rhode Island may be appointed district court 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 magistrate shall hold said office for a term of ten (10) years and until a successor is appointed and qualified; and the magistrate shall retain whatever right he or she may have to the position of district court administrator/clerk pursuant to this section. Nothing herein shall be construed to prohibit the appointment of the magistrate for more than one term, subject to the advice and consent of the senate. Any person holding office of district court magistrate on July 1, 1999 may continue in full authority in said position until such time as an appointment is made and the nominee qualified pursuant to this subsection.
3. The district court magistrate shall have the power to hear and determine such matters as may be assigned to the district court 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:
   1. 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;
   2. Arraignments and pretrial motions in misdemeanor, petty misdemeanor, violation, and ordinance cases and initial appearances and probable cause hearings in felony cases;
   3. Bail hearings pursuant to R.I. Const., Art. I, Sec. IX and all other bail matters pursuant to chapter 13 of title 12 and the rules of criminal procedure, including but not limited to motions to modify bail, bail revocation hearings, bail forfeiture hearings, and bail source hearings;
   4. All matters relating to fugitives from justice pursuant to chapter 9 of title 12;
   5. Probation revocation hearings;
   6. All matters relating to small claims and consumer claims pursuant to chapter 16 of title 10, including any pretrial motions including motions relating to the special service of process, the entry of defaults and default judgments, the trial of such cases and the entry of judgment after such trials, and all matters relating to the enforcement of such judgments, including but not limited to the ordering of installment payments and trustee process; and
   7. Complaints for judicial review of the decision of an administrative agency pursuant to chapter 35 of title 42 by making proposed findings of fact and recommendations for the disposition of the complaints to a judge of the court. Any party may object to any portion of the magistrate’s proposed findings and recommendations within ten (10) days after receipt of a copy thereof. That party shall file with the clerk of the sixth division of the district court and serve on all parties written objections which shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for the objection. A judge shall make a de novo determination of those portions to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate. Absent a timely objection filed in accordance with this subdivision, the proposed prevailing party shall, upon expiration of the ten (10) days following the service of the magistrate’s proposed findings and recommendations, submit a proposed order for signature of the judge to whom the case has been assigned.
4. The 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, pending review by a judge of the court, 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;
   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, pending review by a judge of the court, for failure to comply with a pending order to provide payment or to perform any other act;
   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 institution, 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.
5. Except as otherwise indicated, a party aggrieved by an order entered by the district court 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 magistrate.
6. The magistrate shall be:
   1. Governed by the commission on judicial tenure and discipline, chapter 16 of this title, in the same manner as justices and judges;
   2. Subject to all provisions of the canons of judicial ethics;
   3. Subject to all criminal laws relative to judges by virtue of §§ 11-7-1 and 11-7-2 .
7. The provisions of this section shall be afforded liberal construction.

History of Section. P.L. 1991, ch. 44, art. 73, § 3; P.L. 1998, ch. 442, § 3; P.L. 1999, ch. 218, art. 5, § 5; P.L. 1999, ch. 311, § 1; P.L. 1999, ch. 452, § 2; P.L. 2007, ch. 73, art. 3, § 7; P.L. 2008, ch. 1, § 3; P.L. 2012, ch. 415, § 11.

8-8-9. Vacancies.

1. Whenever any person appointed to the office of chief judge or associate judge shall fail to accept and qualify for the office or there is a vacancy in the office caused by death, resignation, retirement, removal, or any other cause whatsoever while the senate is in session, the governor shall appoint some person to fill the vacancy, and submit his or her appointment to the senate for confirmation in accordance with the general laws governing judicial selection.
2. Whenever the chief judge shall be unable, by reason of illness, to perform the duties of his or her office, or there is a vacancy in the office, the associate judge having precedence, who is present and qualified to act, shall perform the duties of the office until the inability is removed or, in the case of a vacancy, until the vacancy shall be filled in accordance with the general laws governing judicial selection. In the event that the chief judge determines that his or her absence will prevent him or her from performing the duties of his or her office, he or she shall designate an associate judge to perform those duties during the period of his or her absence.
3. The associate judges shall have precedence according to the dates of their commissions, or when the commission of two (2) or more of them bear the same date, according to their ages.

History of Section. P.L. 1969, ch. 239, § 4; P.L. 1977, ch. 263, § 2; P.L. 1982, ch. 349, § 1; P.L. 1994, ch. 42, § 4.

8-8-10. Repealed.

History of Section. P.L. 1969, ch. 239, § 4; Repealed by P.L. 2009, ch. 68, art. 7, § 6, effective June 30, 2009.

8-8-10.1. Retirement contribution.

1. Judges engaged after December 31, 1989, shall have deducted from total salary beginning December 31, 1989, and ending June 30, 2012, an amount equal to a rate percent of compensation as specified in § 36-10-1 relating to member contributions to the state retirement system. Effective July 1, 2012, all active judges, whether engaged before or after December 31, 1989, shall have deducted from compensation as defined in § 36-8-1(8) an amount equal to twelve percent (12%) of compensation. The receipts collected under this provision shall be deposited in a restricted revenue account entitled “Judicial retirement benefits” on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld. Proceeds deposited in this account shall be held in trust for the purpose of paying retirement benefits to participating judges or their beneficiaries. The retirement board shall establish rules and regulations to govern the provisions of this section.
2. The state is required to deduct and withhold member contributions and to transmit same to the retirement system and is hereby made liable for the contribution. In addition, any amount of employee contributions actually deducted and withheld shall be deemed to be a special fund in trust for the benefit of the member and shall be transmitted to the retirement system as set forth herein.
3. A member of the judiciary who withdraws from service or ceases to be a member for any reason other than retirement shall be paid on demand a refund consisting of the accumulated contributions standing to his or her credit in his or her individual account in the judicial retirement benefits account. Any member receiving a refund shall thereby forfeit and relinquish all accrued rights as a member of the system together with credits for total service previously granted to the member; provided, however, that if any member who has received a refund shall subsequently reenter the service and again become a member of the system, the member shall have the privilege of restoring all money previously received or disbursed to his or her credit as refund of contributions plus regular interest for the period from the date of refund to the date of restoration. Upon the repayment of the refund as herein provided, the member shall again receive credit for the amount of total service which he or she had previously forfeited by the acceptance of the refund.
4. Whenever any judge dies from any cause before retirement and has no surviving spouse, domestic partner, or minor child(ren), a payment shall be made of the accumulated contributions standing to his or her credit in his or her individual account in the judicial retirement benefits account. The payment of the accumulated contributions of the judge shall be made to such person as the judge shall have nominated by written designation duly executed and filed with the retirement board, or if the judge has filed no nomination, or if the person so nominated has died, then to the estate of the deceased judge.

History of Section. P.L. 1987, ch. 118, art. 15, § 2; P.L. 1988, ch. 129, art. 22, § 3; P.L. 1989, ch. 494, § 3; P.L. 1990, ch. 507, § 3; P.L. 2007, ch. 167, § 2; P.L. 2007, ch. 274, § 2; P.L. 2011, ch. 408, § 16; P.L. 2011, ch. 409, § 16; P.L. 2019, ch. 205, § 2; P.L. 2019, ch. 271, § 2.

8-8-10.2. State contributions.

The state of Rhode Island shall make its contribution for the maintaining of the system established by § 8-8-10.1 and providing the annuities, benefits, and retirement allowances in accordance with the provisions of this chapter by annually appropriating an amount that will pay a rate percent of the compensation paid after December 31, 1989, to judges engaged after December 31, 1989. The rate percent shall be computed and certified in accordance with the procedures set forth in § 36-8-13 and § 36-10-2 under rules and regulations promulgated by the retirement board pursuant to § 36-8-3 and shall be transmitted on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld.

History of Section. P.L. 1989, ch. 494, § 4; P.L. 1990, ch. 507, § 4; P.L. 2019, ch. 205, § 2; P.L. 2019, ch. 271, § 2.

8-8-11. Repealed.

History of Section. P.L. 1969, ch. 239, § 4; Repealed by P.L. 1987, ch. 381, § 3. Section 7 of P.L. 1987, ch. 381 provides that the repeal of this section by that Act shall take effect on the date that Rhode Island Rules of Evidence adopted by the Supreme Court take effect. Those Rules took effect October 1, 1987.

8-8-12. Duties of chief judge.

1. The chief judge shall be the administrative head of the district court and shall be responsible for its operation and the efficient use of its manpower. To this end he or she shall:
   1. Hold court in any division when he or she deems it necessary;
   2. Assign judges to hold court in the various divisions;
   3. Designate the place or places for holding court in each division;
   4. Fix the time for holding court in each division and supervise the calendars;
   5. Report annually to the chief justice of the supreme court on the state of the business of the district court;
   6. Supervise the collection and publication of statistics pertaining to the court;
   7. Supervise the management of the records of the court;
   8. Determine the time of vacations to be taken by the district judges;
   9. Preside over the district court conference and designate the time and place that it shall be held;
   10. Promulgate rules and regulations relating to:
       1. The licensing of constables to serve certain district court civil process; and
       2. The duties and conduct of licensed constables.
2. The chief judge of the district court may designate an associate judge of the district court as administrative judge of the district court. The administrative judge may exercise such administrative authority as may be delegated to him or her by the chief judge. The administrative judge shall receive an increase in compensation which shall be set pursuant to § 8-15-4 .
3. The chief judge of the district court shall appoint sufficient court recorders to enable all proceedings to be recorded by electronic means and who shall assist in such other clerical duties subject to the labor laws of this state and applicable collective bargaining agreement as may be prescribed from time to time by the chief judge of the district court.

History of Section. P.L. 1969, ch. 239, § 4; P.L. 1971, ch. 183, § 4; P.L. 1982, ch. 259, § 1; P.L. 1999, ch. 218, art. 5, § 5; P.L. 2005, ch. 117, art. 25, § 1; P.L. 2007, ch. 154, § 1; P.L. 2007, ch. 160, § 1; P.L. 2008, ch. 1, § 3; P.L. 2012, ch. 415, § 11.

8-8-12.1. Constable regulation program.

1. Creation of program.  There is hereby created “the district court constable regulation program” which shall be administered under the direction of the chief judge of the district court.
2. Revenues.  The annual license renewal fee assessed to each district court constable shall be set from time to time by the chief judge. The revenues shall be deposited as general revenues.

History of Section. P.L. 1989, ch. 160, § 1; P.L. 1995, ch. 370, art. 40, § 38.

8-8-13. Sessions of the court.

The district court shall be in continuous session for the transaction of any business that may come before it; provided, however, that the court shall not be in session on Sundays and legal holidays for the transaction of civil business.

History of Section. P.L. 1969, ch. 239, § 4.

8-8-14. [Repealed.]

History of Section. P.L. 1969, ch. 239, § 4. Repealed by P.L. 2015, ch. 38, § 1, effective May 21, 2015; P.L. 2015, ch. 40, § 1, effective May 21, 2015.

8-8-15. Chief, deputy, and assistant clerks.

1. There shall be a chief clerk of the district court. In the month of April of 1971 and in each fifth year thereafter, the chief judge of the district court, with the advice and consent of the senate, shall appoint the chief clerk of the district court who shall hold office until the first day in April in the fifth year next after his or her appointment and until his or her successor is appointed and qualified. In case of a vacancy in the office of clerk of the district court, from any cause, the chief judge of the district court, with the advice and consent of the senate, shall appoint some person to fill the vacancy for the balance of the unexpired term and until his or her successor is appointed and qualified. In case of the death, resignation, absence, inability, or refusal to serve of the clerk, the chief judge may appoint a clerk pro tempore, who shall hold his or her office until the clerk shall have returned or the inability shall have been removed or another clerk shall have been appointed to fill such a vacancy and shall have qualified.
2. The chief judge of the district court shall appoint a deputy clerk for each division and assistant clerks in the various divisions of the district court to serve at his or her pleasure. All such clerks and the chief clerk may administer oaths within the state.
3. The clerks of the court shall devote their full time to their duties. They are not required to be members of the bar of this state, but if a member of the bar of this state is appointed a clerk, he or she shall not practice law during his or her term in office nor shall he or she be a partner or associate of any person engaged in the practice of law.
4. The chief judge of the district court shall have the power to authorize, with the power to revoke such authorizations, the chief clerk, the deputy clerks, and the assistant clerks of the district court to set and take bail on all complaints bailable before a division of the district court to the same extent and with the same authority as is granted to justices of the peace authorized to set and take bail by § 12-10-2 . The authorizations and revocations shall be recorded with the secretary of state. District court clerks may exercise the authority granted by the chief judge under this section only during the normal working hours of the clerk’s office to which they are assigned. This authority shall be exercised without fee.

History of Section. P.L. 1969, ch. 239, § 4; P.L. 1971, ch. 121, § 1; P.L. 1973, ch. 47, § 1; P.L. 1979, ch. 396, § 1; P.L. 1981, ch. 56, § 1; P.L. 1990, ch. 172, § 1; P.L. 2005, ch. 10, § 2; P.L. 2005, ch. 21, § 2.

8-8-16. Duties of district court clerks.

Every clerk of the district court shall record reasonably the judgments and determinations of the court, and account with the state controller and pay over to the general treasurer, as often as by law required, all fines, costs, and other money received by him or her, and also account with and pay over to the town treasurers of the towns in his or her division, as often as by law required, all fines and other money received by him or her belonging to or payable to the town.

History of Section. P.L. 1969, ch. 239, § 4; P.L. 1980, ch. 96, § 3.

8-8-16.1. Office of clerk/magistrate — Purpose.

The general assembly hereby finds that there exists a need to further expand the capability of the district court to effectively and expeditiously collect all fines, fees, and costs due to the state, consistent with principles of fairness and due process. Therefore, the general assembly hereby creates the position of district court clerk/magistrate.

History of Section. P.L. 1997, ch. 173, § 1.

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

1. 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.
2. 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 occur 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.
3. 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.
4. 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.

8-8-17. Duties of division clerks.

The clerk of each division of the district court shall:

1. Keep a docket, and an alphabetical index thereof, either in writing or by means of an electronic information storage system or other data compilation system, of all actions, complaints, or proceedings, either of a civil or criminal nature, that may be entered or had in the division, and shall note in the docket against each case the decision or determination thereof, all subsequent proceedings, and the judgment therein, and, in all criminal cases, the fines or imprisonment to which the defendant may be sentenced.
2. Record the decisions, judgments, and proceedings of the division in a book to be kept for that purpose or in an electronic information storage system or any other data compilation system.
3. Tax costs, including officer’s fees, in all cases, civil or criminal, that may be entered, commenced, or pending in the division; all taxation by the clerk shall be subject to revision by any district judge sitting in the division.
4. Receive all fines and costs in criminal cases and all court fees in civil cases and account therefor as by law required.
5. Have custody of the seal of the division.

History of Section. P.L. 1969, ch. 239, § 4; P.L. 1989, ch. 202, § 2.

8-8-18. Failure of clerk to account for fines and costs.

For any willful neglect or refusal of the clerk of the district court to account or for any willful neglect or refusal of any clerk of the district court to pay over all fines and costs received by him or her, he or she shall be fined fifty dollars ($50.00) for each offense and also double the amount of fines and costs received by him or her and so detained.

History of Section. P.L. 1969, ch. 239, § 4.

8-8-19. Duties of chief clerk.

The chief clerk shall have general supervisory power over the clerks of the court and shall be responsible to the chief judge for the proper and efficient operation of their offices. To that end he or she shall:

1. Temporarily transfer clerks to other divisions outside of their own when he or she deems it necessary. Such transfers shall be subject to the approval of the chief judge.
2. Procure all necessary papers, books, and other documents as the state controller or as the chief judge may direct, upon which the clerks shall keep their records and make their reports and returns.
3. Systematize record keeping throughout the divisions.
4. Gather such statistics as the chief judge shall direct.

History of Section. P.L. 1969, ch. 239, § 4.

8-8-20. Sale of blank writs prohibited.

No judge or clerk of the district court shall sell any blank writ officially signed by him or her to any person except an attorney at law or deliver to any person other than an attorney at law any such writ with permission, in the absence of the judge or clerk to fill or cause the writ to be filled, under a penalty of ten dollars ($10.00) for each offense and ineligibility to serve as a judge or clerk of the district court after conviction.

History of Section. P.L. 1969, ch. 239, § 4.

8-8-21. District court conference.

There shall be a district court conference held annually, or more often, at such time and place as shall be designated by the chief judge. This conference shall consist of all the judges of the district court. The chief judge shall preside and the chief clerk shall act as secretary of the conference. The attorney general, or one of his or her assistants, shall attend to aid and advise the conference. The conference shall, with the concurrence of the chief judge, have power to direct in what manner and to what extent entries shall be made of the decisions, judgments, and proceedings of the district court. To the end that the work of the district court shall be efficiently and expeditiously transacted it shall give attention to all matters believed helpful to that end and shall make recommendations regarding procedure and other matters pertaining to the court.

History of Section. P.L. 1969, ch. 239, § 4.

8-8-22. Statutory references to earlier courts.

Whenever in any statute reference is made to justice courts, trial justices or clerks of the justice courts of the different cities and towns, district courts, justices of district courts, and clerks of district courts, that statute shall be taken and construed to refer to the district court created by this chapter and its judges and clerks. Whenever in any statute reference is made to a particular predecessor court, that statute shall be taken and construed to refer to the division of the district court which embraces the territory of the predecessor court.

History of Section. P.L. 1969, ch. 239, § 4.

8-8-23. Savings clause.

The divisions of the district court established in § 8-8-2 shall have custody of all records, books, and papers of the district court of the several judicial districts heretofore existing within their respective geographical limits. All civil actions and criminal proceedings and processes pending in the district courts of the several judicial districts heretofore existing and all writs issued out of and returnable to those courts shall continue with the same force and effect in the district court established by this chapter, within its respective divisions; and all rights and liabilities of the parties to such civil actions and criminal proceedings and processes commenced prior to September 15, 1969, including costs of appeal, shall continue in full force and effect.

History of Section. P.L. 1969, ch. 239, § 4.

8-8-24. Tax proceedings to be without jury and de novo — Precedence on calendar.

Each appeal of a final decision of the tax administrator concerning an assessment, deficiency, or otherwise shall be an original, independent proceeding in the nature of a suit in equity to set aside the final decision and shall be tried de novo and without a jury. Every such matter shall have precedence over all other civil cases on the calendar on the date to which it is assigned for trial and shall continue to have precedence on the calendar on a day-to-day basis until it is heard.

History of Section. P.L. 1984, ch. 183, § 1.

8-8-25. Time for commencement of proceeding against the division of taxation.

1. Any taxpayer aggrieved by a final decision of the tax administrator concerning an assessment, deficiency, or otherwise may file a complaint for redetermination of the assessment, deficiency, or otherwise in the court as provided by statute under title 44.
2. The complaint shall be filed within thirty (30) days after the mailing of notice of the final decision and shall set forth the reasons why the final decision is alleged to be erroneous and praying relief therefrom. The clerk of the court shall thereupon summon the division of taxation to answer the complaint.

History of Section. P.L. 1984, ch. 183, § 1.

8-8-26. Prepayment as condition precedent to review of tax case.

A taxpayer’s right to file a complaint pursuant to § 8-8-25 for review of a final decision of the tax administrator ordering an assessment, deficiency, or otherwise shall be conditional upon prepayment of all taxes, interest, and penalties set forth in the assessment, deficiency, or otherwise; provided, however, that in lieu of the prepayment, the taxpayer may file together with his or her complaint a motion for an exemption from the prepayment requirement. The taxpayer shall set the motion down for hearing within twenty (20) days after the answer to the complaint is filed; otherwise, the motion shall be deemed to be denied. The court shall grant the motion if it determines both: (1) that the taxpayer has a reasonable probability of success on the merits; and (2) that the taxpayer is unable to prepay all taxes, interest, and penalties set forth in the assessment, deficiency, or otherwise. In making its determination on the issue of ability to prepay, the court shall consider not only the taxpayer’s own financial resources but also the ability of the taxpayer to borrow the required funds. If the motion is denied, the taxpayer shall make prepayment within thirty (30) days of the entry of the court’s order denying the motion; otherwise, the complaint shall be dismissed upon motion of the tax administrator.

History of Section. P.L. 1984, ch. 183, § 1.

8-8-27. Refund suits.

1. Any taxpayer may bring an action for a refund of taxes previously overpaid. The suit for refund may not be brought prior to the date of a final determination by the tax administrator denying the claim for refund. No action for a refund of tax shall be brought after the expiration of thirty (30) days from a notice of final determination of the tax administrator denying the claimed refund.
2. As used in this section and § 8-8-28 , “tax” includes any surcharge imposed under § 1-6-2 , and “taxpayer” includes an operator as defined in § 1-6-1 .

History of Section. P.L. 1984, ch. 183, § 1; P.L. 2002, ch. 424, § 3.

8-8-28. Burden of proof in tax cases.

In all tax cases before the court, and upon appeal therefrom, a preponderance of the evidence shall suffice to sustain the burden of proof. The burden of proof shall fall upon the party seeking affirmative relief and the burden of going forward with the evidence shall shift as in other civil litigation. In any proceedings in which the division of taxation alleges fraud or an exception to the normal statute of limitations on assessment, the burden of proof in respect of that issue shall be upon the division of taxation. To be sustained on the issue of fraud, the division of taxation must sustain a burden of clear and convincing proof.

History of Section. P.L. 1984, ch. 183, § 1.

8-8-29. Court stenographer in tax cases.

Any party may obtain the services of a court stenographer in the district court in a tax case, and that party shall pay all costs of the court stenographer.

History of Section. P.L. 1984, ch. 183, § 1.

8-8-30. Decision of the court — Form and contents.

The court shall render its decision in writing, including therein a concise statement of the facts found by the court and the conclusions of law reached by the court. The court may affirm, reverse, modify, or remand any determination or shall grant such relief, invoke such other remedies, and issue such orders in accordance with its decision as shall be appropriate in a court of general jurisdiction.

History of Section. P.L. 1984, ch. 183, § 1.

8-8-31. Frivolous appeals.

Whenever it appears to the court that proceedings before it have been instituted by the taxpayer solely for delay and that the taxpayer’s complaint is frivolous and groundless, damages in an amount not in excess of five thousand dollars ($5,000) plus costs may be assessed against the taxpayer by the court.

History of Section. P.L. 1984, ch. 183, § 1.

8-8-32. Review by supreme court.

Any party in interest, if aggrieved by a final judgment rendered in proceedings brought under this chapter, may within twenty (20) days from the date of entry of the judgment petition the supreme court of the state of Rhode Island for a writ of certiorari to review any questions of law involved. The petition for writ of certiorari shall set forth the errors claimed. Upon the filing of such a petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari to the district court to certify to the supreme court the record of the proceeding under review.

History of Section. P.L. 1984, ch. 183, § 1.

8-8-33. Severability.

The holding of any section or sections or parts of this chapter to be void, ineffective, or unconstitutional for any cause shall not be deemed to affect any other section or part hereof.

History of Section. P.L. 2011, ch. 408, § 17; P.L. 2011, ch. 409, § 17.

8-8.1-1. Definitions.

The following words as used in this chapter shall have the following meanings:

1. “Cohabitants” means emancipated minors or persons eighteen (18) years of age or older, not related by blood or marriage, who together are not the legal parents of one or more children, and who have resided together within the preceding three (3) years or who are residing in the same living quarters.
2. “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”
3. “Courts” means the district court.
4. “Cyberstalking” means transmitting any communication by computer to any person or causing any person to be contacted for the sole purpose of harassing that person or his or her family.
5. “Domestic abuse” means the occurrence of one or more of the following acts between cohabitants or the occurrence of one or more of the following acts between persons who are or have been in a substantive dating or engagement relationship within the past one year; “domestic abuse” shall be determined by the court’s consideration of the following factors:
   1. The length of time of the relationship;
   2. The type of the relationship;
   3. The frequency of the interaction between the parties;
   4. Attempting to cause or causing physical harm;
   5. Placing another in fear of imminent serious physical harm;
   6. Causing another to engage involuntarily in sexual relations by force, threat of force, or duress; or
   7. Stalking or cyberstalking.
6. “Harassing” means following a knowing and willful course of conduct directed at a specific person with the intent to seriously alarm, annoy, or bother the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury.
7. “Sole legal interest” means defendant has an ownership interest in the residence and plaintiff does not; or defendant’s name is on the lease and plaintiff’s is not.
8. “Stalking” means harassing another person or willfully, maliciously, and repeatedly following another person with the intent to place that person in reasonable fear of bodily injury.

History of Section. P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4; P.L. 1990, ch. 390, § 1; P.L. 1994, ch. 313, § 1; P.L. 1997, ch. 326, § 172; P.L. 2001, ch. 259, § 2; P.L. 2006, ch. 324, § 1; P.L. 2006, ch. 652, § 1; P.L. 2012, ch. 415, § 12; P.L. 2021, ch. 111, § 1, effective July 2, 2021; P.L. 2021, ch. 112, § 1, effective July 2, 2021.

8-8.1-2. Filing of complaint.

1. Proceedings under this chapter shall be filed, heard, and determined in the district court of the division in which the plaintiff resides. Any proceedings under this chapter shall not preclude any other available civil or criminal remedies. A party filing a complaint under this chapter may do so without payment of any filing fee. If the plaintiff has left the residence or household to avoid abuse, he or she may bring the action in the court of previous residence or the court of present residence. There shall be no minimum residence requirements for the bringing of an action under this chapter.
2. Answers to the summons and complaint shall be made within ten (10) days of service upon the defendant and the action shall take precedence on the calendar. If no answer is filed within the time prescribed, judgment shall enter forthwith.

History of Section. P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4.

8-8.1-3. Protective orders — Penalty — Jurisdiction.

1. A person suffering from domestic abuse may file a complaint in the district court requesting any order that will protect her or him from the abuse, including, but not limited to, the following:
   1. Ordering that the defendant be restrained and enjoined from contacting, assaulting, molesting, or otherwise interfering with the plaintiff at home, on the street, or elsewhere;
   2. Ordering the defendant to vacate the household forthwith, unless the defendant holds sole legal interest in the household;
   3. Upon motion by the plaintiff, his or her address shall be released only at the discretion of the district court judge;
   4. Ordering the defendant to surrender physical possession of all firearms in his or her possession, care, custody, or control and shall further order a person restrained not to purchase or receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The defendant shall surrender the firearms within twenty-four (24) hours of notice of the protective order to the Rhode Island state police or local police department or to a federally licensed firearms dealer.
      1. A person ordered to surrender possession of any firearm(s) pursuant to this section shall, within seventy-two (72) hours after being served with the order, either:
         1. File with the court a receipt showing the firearm(s) was physically surrendered to the Rhode Island state police or local police department, or to a federally licensed firearm dealer; or
         2. Attest to the court that, at the time of the order, the person had no firearms in his or her immediate physical possession or control, or subject to his or her immediate physical possession or control, and that the person, at the time of the attestation, has no firearms in his or her immediate physical possession or control or subject to his or her immediate physical possession or control.
      2. If a person restrained under this section transfers a firearm(s) to a federally licensed firearms dealer pursuant to this section, the person restrained under this section may instruct the federally licensed firearms dealer to sell the firearm(s) or to transfer ownership in accordance with state and federal law, to a qualified named individual who is not a member of the person’s dwelling house, who is not related to the person by blood, marriage, or relationship as defined by § 15-15-1(7) , and who is not prohibited from possessing firearms under state or federal law. The owner of any firearm(s) sold shall receive any financial value received from its sale, less the cost associated with taking possession of, storing, and transferring of the firearm(s).
      3. Every individual to whom possession of a firearm(s) is transferred pursuant to this subsection shall be prohibited from transferring or returning any firearm(s) to the person restrained under this section while the protective order remains in effect and shall be informed of this prohibition. Any knowing violation of this subsection is a felony that shall be punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less than one year and not more than five (5) years, or both.
      4. An individual to whom possession of a firearm(s) is transferred pursuant to this subsection shall return a firearm(s) to the person formerly restrained under this section only if the person formerly restrained under this section provides documentation issued by a court indicating that the restraining order issued pursuant to this section that prohibited the person from purchasing, carrying, transporting, or possessing firearms has expired and has not been extended.
2. After notice to the respondent and after a hearing, which shall be held within fifteen (15) days of surrendering said firearms, the court, in addition to any other restrictions, may, for any protective order issued or renewed on or after July 1, 2017, continue the order of surrender, and shall further order a person restrained under this section not to purchase or receive, or attempt to purchase or receive, any firearms while the protective order is in effect.
3. The district court shall provide a notice on all forms requesting a protective order that a person restrained under this section shall be ordered pursuant to § 11-47-5 , to surrender possession or control of any firearms and not to purchase or receive, or attempt to purchase or receive, any firearms while the restraining order is in effect. The form shall further provide that any person who has surrendered their firearms shall be afforded a hearing within fifteen (15) days of surrendering their firearms.
4. Any firearm surrendered in accordance with this section to the Rhode Island state police or local police department shall be returned to the person formerly restrained under this section upon their request when:
   1. The person formerly restrained under this section produces documentation issued by a court indicating that the restraining order issued pursuant to this section that prohibited the person from purchasing, carrying, transporting, or possessing firearms has expired and has not been extended; and
   2. The law enforcement agency in possession of the firearms determines that the person formerly restrained under this section is not otherwise prohibited from possessing a firearm under state or federal law.
   3. The person required to surrender his or her firearms pursuant to this section shall not be responsible for any costs of storage of any firearms surrendered pursuant to this section.
5. The Rhode Island state police are authorized to develop rules and procedures pertaining to the storage and return of firearms surrendered to the Rhode Island state police or local police departments pursuant to this section. The Rhode Island state police may consult with the Rhode Island Police Chiefs’ Association in developing rules and procedures.
6. Nothing in this section shall be construed to limit, expand, or in any way modify orders issued under § 12-29-4 or § 15-5-19 .
7. Nothing in this section shall limit a defendant’s right under existing law to petition the court at a later date for modification of the order.
8. The court shall immediately notify the person suffering from domestic abuse whose complaint gave rise to the protective order and the law enforcement agency where the person restrained under this section resides of the hearing.
9. The person suffering from domestic abuse, local law enforcement, and the person restrained under this section shall all have an opportunity to be present and to testify when the court considers the petition.
10. At the hearing, the person restrained under this section shall have the burden of showing, by clear and convincing evidence, that, if his or her firearm rights were restored, he or she would not pose a danger to the person suffering from domestic abuse or to any other person.
    1. In determining whether to restore a person’s firearm rights, the court shall examine all relevant evidence, including, but not limited to: the complaint seeking a protective order; the criminal record of the person restrained under this section; the mental health history of the person restrained under this section; any evidence that the person restrained under this section has, since being served with the order, engaged in violent or threatening behavior against the person suffering from domestic abuse or any other person.
    2. If the court determines, after a review of all relevant evidence and after all parties have had an opportunity to be heard, that the person restrained under this section would not pose a danger to the person suffering from domestic abuse or to any other person if his or her firearm rights were restored, then the court may grant the petition and modify the protective order and lift the firearm prohibition.
    3. If the court lifts a person’s firearms prohibition pursuant to this subsection, the court shall issue the person written notice that he or she is no longer prohibited under this section from purchasing or possessing firearms while the protective order is in effect.
11. The prohibition against possessing a firearm(s) due solely to the existence of a domestic violence restraining order issued under this section shall not apply with respect to sworn peace officers as defined in § 12-7-21 and active members of military service, including members of the reserve components thereof, who are required by law or departmental policy to carry departmental firearms while on duty or any person who is required by his or her employment to carry a firearm in the performance of his or her duties. Any individual exempted pursuant to this exception may possess a firearm only during the course of his or her employment. Any firearm required for employment must be stored at the place of employment when not being possessed for employment use; all other firearm(s) must be surrendered in accordance with this section.
12. Any violation of the aforementioned protective order shall subject the defendant to being found in contempt of court.
13. No order shall issue under this section that would have the effect of compelling a defendant who has the sole legal interest in a residence to vacate that residence.
14. The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to exceed three (3) years, at the expiration of which time the court may extend any order upon motion of the plaintiff for such additional time as it deems necessary to protect the plaintiff from abuse. The court may modify its order at any time upon motion of either party.
15. Any violation of a protective order under this chapter of which the defendant has actual notice shall be a misdemeanor that shall be punished by a fine of no more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both.
16. The penalties for violation of this section shall also include the penalties provided under § 12-29-5 .
17. “Actual notice” means that the defendant has received a copy of the order by service thereof or by being handed a copy of the order by a police officer pursuant to § 8-8.1-5(d) .
18. The district court shall have criminal jurisdiction over all violations of this chapter.

History of Section. P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4; P.L. 1995, ch. 148, § 1; P.L. 1997, ch. 326, § 7; P.L. 2005, ch. 148, § 2; P.L. 2005, ch. 153, § 3; P.L. 2017, ch. 374, § 1; P.L. 2017, ch. 385, § 1; P.L. 2021, ch. 111, § 1, effective July 2, 2021; P.L. 2021, ch. 112, § 1, effective July 2, 2021.

8-8.1-4. Temporary orders — Ex parte proceedings.

1. 1. Upon the filing of a complaint under this chapter, the court may enter any temporary orders that it deems necessary to protect the plaintiff from abuse.
   2. If it clearly appears from specific facts shown by affidavit that immediate and irreparable injury, loss, or damage will result to the plaintiff, before notice can be served and a hearing held, the court may enter any temporary order without notice that it deems necessary to protect the plaintiff. Every order granted without notice shall expire by its terms within the time after entry, not to exceed twenty-one (21) days, as the court fixes, unless within the time so fixed the order: (i) by consent, or (ii) due to a failure to make service of process upon the defendant despite diligent efforts, or (iii) for good cause shown and after hearing of argument by the parties or counsel, is extended for an additional period. In case a temporary order is granted without notice, the matter shall be set down for hearing within a reasonable time and shall be given precedence over all matters except older matters of the same character, and when the matter comes on for hearing the party who obtained the temporary order shall proceed with the complaint for an order pursuant to § 8-8.1-3 , and, if she or he does not do so, the court shall dissolve the temporary order.
2. 1. (i) When the court is unavailable after the close of business a complaint may be filed before any available district court judge who may grant relief to the plaintiff under this chapter upon cause shown in an ex parte proceeding.
   2. No temporary order shall be granted pursuant to the provisions of this section unless it clearly appears from specific facts shown by the affidavit or by verified complaint that immediate and irreparable injury, loss, or damage will result to the plaintiff before notice can be served and a hearing held.

   (ii) In addition, when there is no district court in session at a location when the family court is in session, the family court judge at that location is authorized to grant relief to the plaintiff under this chapter upon cause shown in an ex parte proceeding.

3. Any order issued under this section and any documentation in support of an order shall be filed immediately with the clerk of the district court. The filing shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter.
4. The clerk of the district court shall have a certified copy of any order issued under this chapter forwarded immediately to the law enforcement agency designated by the plaintiff. The clerk shall also provide the plaintiff with two (2) certified copies of any order issued under this chapter.

History of Section. P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4; P.L. 1989, ch. 78, § 2; P.L. 2000, ch. 71, § 1; P.L. 2000, ch. 198, § 1.

8-8.1-4.1. Report to law enforcement agency.

Whenever the court grants a temporary order pursuant to § 8-8.1-4 based on a complaint alleging that a minor is suffering from domestic abuse, the court shall ensure that the appropriate law enforcement agency is notified of the complaint.

History of Section. P.L. 1988, ch. 539, § 3.

8-8.1-4.2. Return of service — Alternate service.

1. The complaint and any order issued under this chapter shall be personally served upon the defendant by a deputy sheriff or certified constable except as provided in subsections (c), (d), and (f) of this section. Service shall be made without payment of any fee when service is made by a deputy sheriff. At the election of the plaintiff, service pursuant to this subsection may also be made by a certified constable authorized to serve process of the district court pursuant to § 9-5-10.1 . The certified constable shall be entitled to receive the fee allowed by law for the service of a district court summons.
2. Return of service shall be forwarded by the deputy sheriff or certified constable to the clerk of court prior to the date set down for hearing on the complaint. If service has not been made, the deputy sheriff or certified constable shall indicate on the summons the reason therefor and the attempts made to serve the defendant.
3. At the time the return of service is sent to the clerk of the court, the deputy sheriff or certified constable shall cause a copy of the return of service to be sent to the plaintiff and to the appropriate law enforcement agency.
4. If, at the time of hearing on the complaint, the court determines that after diligent effort the deputy sheriff or certified constable has been unable to serve the defendant personally, the judge may order an alternate method of service designed to give reasonable notice of the action to the defendant and taking into consideration the plaintiff’s ability to afford the means of service ordered. Alternative service shall include, but not be limited to: service by certified and regular mail at defendant’s last-known address (excluding the residence that he or she has been ordered to vacate) or place of employment; leaving copies at the defendant’s dwelling or usual place of abode with a person of suitable age and discretion residing therein; or by publication in a newspaper for two (2) consecutive weeks. The court shall set a new date for hearing on the complaint and shall extend the temporary order until that date.
5. If the defendant appears in person before the court, the necessity for further service is waived and proof of service of that order is not necessary.
6. If the defendant is served notice regarding the complaint and hearing, but does not appear at the hearing, the clerk of the district court shall mail the defendant a copy of the resulting order.

History of Section. P.L. 1988, ch. 539, § 3; P.L. 1989, ch. 77, § 1; P.L. 1994, ch. 313, § 1; P.L. 2012, ch. 324, § 15; P.L. 2015, ch. 260, § 7; P.L. 2015, ch. 275, § 7.

8-8.1-5. Duties of police officers.

1. Whenever any police officer has reason to believe that a cohabitant or minor has been abused, that officer shall use all reasonable means to prevent further abuse, including:
   1. Remaining on the scene as long as there is danger to the physical safety of the person or until the person is able to leave the dwelling unit;
   2. Assisting the person in obtaining medical treatment necessitated by an assault, including obtaining transportation to an emergency medical treatment facility;
   3. Giving the person immediate and adequate notice of his or her rights under this chapter;
   4. Arresting the person pursuant to the arrest provisions as contained in § 12-29-3 .
2. Notice by the police officer to the victim shall be by handing the victim a copy of the following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian, Vietnamese, and French, and by reading the statement to the person when possible:

   Spouse, former spouse/blood relative/children in common, minor(s) in a substantive dating or engagement relationship, a plaintiff parent’s minor child(ren) to which the defendant is not a blood relative or relative by marriage:

   “If your attacker is your spouse, former spouse, person to whom you are related by blood or marriage, or if you are not married to your attacker, but have a child in common, or if you and/or your attacker are a minor who have been in a substantive dating or engagement relationship within the past one year, you have the right to go to the family court and ask the court to issue an order restraining your attacker from abusing you, your minor child, or a plaintiff parent’s minor child(ren) to which the defendant is not a blood relative or relative by marriage; you have the right to go to the family court and request:

   1. An order restraining your attacker from abusing you, your minor child, or a  plaintiff parent’s minor child(ren) to which defendant is not a blood relative or relative by marriage;
   2. An order awarding you exclusive use of your marital domicile;
   3. An order awarding you custody of your minor child.”

      Unmarried/not related cohabitants within the past three (3) years or substantive dating or engagement relationship within past one year:

      “If you are not married or related to your attacker, but have resided with him or her within the past three (3) years, you have the right to go to the district court and request:

      1. An order restraining your attacker from abusing you;
      2. An order directing your attacker to leave your household, unless she or he has the sole legal interest in the household.”

         “If you are in need of medical treatment, you have the right to have the officer present obtain transportation to an emergency medical treatment facility.”

         “If you believe that police protection is needed for your physical safety, you have the right to have the officer present remain at the scene until you and your children can leave or until your safety is otherwise insured.”

         “You have the right to file a criminal complaint with the responding officer or your local police department if the officer has not arrested the perpetrator.”

3. A police officer shall ensure enforcement of the terms of the protective order issued pursuant to this chapter including, but not limited to, accompanying a cohabitant to his or her dwelling or residence in order to secure possession of the dwelling or residence when a vacate order against the defendant has been issued.
4. When service of the temporary order issued pursuant to § 8-8.1-4 has not been made and/or after a permanent order is entered, a police officer shall give notice of the order to the defendant by handing him or her a certified copy of the order. The officer shall indicate that he or she has given notice by writing on plaintiff ’s copy of the order and the police department’s copy of the order the date, and time of giving notice and the officer’s name and badge number. The officer shall indicate on the offense report that actual notice was given.

History of Section. P.L. 1985, ch. 492, § 2; P.L. 1986, ch. 210, § 1; P.L. 1988, ch. 539, § 4; P.L. 1994, ch. 313, § 1; P.L. 2019, ch. 59, § 2; P.L. 2019, ch. 63, § 1; P.L. 2019, ch. 66, § 2; P.L. 2019, ch. 68, § 1.

8-8.1-6. Form of complaint.

1. A form in substantially the following language shall suffice for the purpose of filing a complaint under this chapter:

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2. A form in substantially the following language shall suffice for the purpose of requesting temporary orders under this chapter:

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STATE OF RHODE ISLAND DISTRICT COURT COUNTY OF DIVISION : Plaintiff : : VS : NO: : : Defendant : COMPLAINT FOR PROTECTION FROM ABUSE Pursuant to chapter 8.1 of title 8 I request that the court enter an order protecting me from abuse. (1) My full name, present street address, city and telephone number are as follows: (2) My former residence, at which I resided with the defendant, is as follows (street address and city): (3) My former residence is a house I own Defendant owns We jointly own My former residence is an apartment There is no lease My name is on lease and defendant's is not Defendant's name is on lease and mine is not Both our names are on lease (4) The full name, present street address, city and telephone number of the person causing me abuse (the defendant) are as follows: (5) On or about , without cause or provocation I suffered abuse when the defendant: Threatened or harmed with a weapon: (type of weapon used: ) Attempted to cause me physical harm; Caused me physical harm; Placed me in fear of imminent physical harm; Caused me to engage involuntarily in sexual relations by force, threat of force, or duress specifically, the defendant: (6) I ask that: The court order that the defendant be restrained and enjoined from contacting, assaulting, molesting or otherwise interfering with the plaintiff at home, on the street or elsewhere. The court order the defendant to immediately leave the household which is located at I request that the above relief be ordered without notice because it clearly appears from specific facts shown by affidavit or by the verified complaint that I will suffer immediate and irreparable injury, loss, or damage before notice can be served and a hearing had thereon. I understand that the court will schedule a hearing no later than twenty-one (21) days after such order is entered on the question of continuing such temporary order. (7) I have not sought protection from abuse from any other judge of the district court arising out of the same facts or circumstances alleged in this complaint. (Signature)(Date) Subscribed and sworn to before me in in the County of in the state of Rhode Island, this day of A.D. 20. Notary Public Note: If this complaint is filed by an attorney, the attorney's certificate should appear below: ATTORNEY CERTIFICATE Signed: Attorney for Plaintiff Address: Date: , 20 WHITE COPY Court YELLOW COPY Plaintiff PINK COPY Defendant GOLDENROD COPY Police Department

STATE OF RHODE ISLAND DISTRICT COURT COUNTY OF DIVISION : Plaintiff : : VS : NO: : : Defendant : (TEMPORARY) ORDER PURSUANT TO CHAPTER OF THE G.L. OF R.I. Upon consideration of plaintiff’s complaint, (and having found that immediate and irreparable injury, loss or damage will result to the plaintiff before a notice can be served and a hearing had thereon) it is ORDERED: That the defendant is restrained and enjoined from contacting, assaulting, molesting, or otherwise interfering with plaintiff at home, on the street or elsewhere. That the defendant vacate forthwith the household located at A hearing on the continuation of this ORDER will be held at the District Court, County, Division, at (A.M.) (P.M.) on . If the defendant wishes to be heard, she/he will be heard at that time. If she/he does not appear at that time, this ORDER shall remain in effect. This ORDER is effective forthwith, and will remain in effect until the time and date of the above-mentioned hearing. A copy of this ORDER shall be transmitted to the appropriate local law enforcement agency forthwith, and shall be served in-hand on the defendant herein. ENTERED as an Order of Court this day of A.D. 20. ENTER: PER ORDER: Judge Clerk Presented by: Attorney for Plaintiff WHITE COPY Court YELLOW COPY Plaintiff PINK COPY Defendant GOLDENROD COPY Police Department

History of Section. P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4; P.L. 1989, ch. 78, § 2; P.L. 1995, ch. 145, § 1; P.L. 2021, ch. 77, § 4, effective June 23, 2021; P.L. 2021, ch. 78, § 4, effective June 23, 2021.

8-8.1-7. Notice of penalties — Notice of renewal.

Each protective order issued under this chapter, including a temporary ex-parte order, shall have the following statements printed in bold-faced type or in capital letters:

A PERSON WHO VIOLATES THIS ORDER MAY BE GUILTY OF A MISDEMEANOR AND MAY BE PUNISHED BY A FINE OF AS MUCH AS $1,000 AND/OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE (1) YEAR, AND MAY BE ORDERED TO ATTEND COUNSELING. IF THE VICTIM WANTS THIS ORDER TO CONTINUE BEYOND THE EXPIRATION DATE, THE VICTIM MUST APPLY FOR A RENEWAL OF THE ORDER BEFORE THE EXPIRATION DATE.

History of Section. P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4; P.L. 1989, ch. 162, § 1.

8-8.1-8. Appeal.

An order granting relief pursuant to § 8-8.1-3 shall remain in effect during the pendency of the appeal to the superior court unless the order is stayed by a justice of the superior court.

History of Section. P.L. 1985, ch. 492, § 2; P.L. 1991, ch. 213, § 1.

8-8.2-1. Establishment — Rule-making authority — Adjudication of violations.

1. There is hereby established a traffic tribunal which shall be charged with the administration and adjudication of traffic violations within its jurisdiction. The traffic tribunal shall be under the supervision of the chief magistrate of the traffic tribunal, who shall be the administrative head of the traffic tribunal and shall have the power to make rules for regulating practice, 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 in conflict therewith. Any person who has been a member of the bar of Rhode Island may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic tribunal shall be appointed by the chief justice of the supreme court, with the advice and consent of the senate, for a period of ten (10) years and until a successor is appointed and qualified. Nothing contained herein shall be construed to prohibit the reappointment of the chief magistrate for one or more ten (10) year terms subject to the advice and consent of the senate. Compensation for the chief magistrate shall be equal to that of an associate judge of the district court.
2. The judges and magistrates of the traffic tribunal shall hear and determine cases as provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The chief magistrate of the traffic tribunal may assign a judge or magistrate who is authorized to hear and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic tribunal and the administrative judge or magistrate shall perform such administrative duties as may be delegated to him or her by the chief magistrate. Once assigned to the position, the administrative judge or magistrate shall hold said administrative position for the remainder of his or her respective term as a judge or magistrate of the traffic tribunal.
3. 1. Those judges of the administrative adjudication court in active service on July 1, 1999 shall serve within the traffic tribunal. Whenever the total number of judges and magistrates in the traffic tribunal exclusive of the chief magistrate shall be less than seven (7), the chief justice 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 a magistrate to fill such vacancy and shall submit his or her name to the senate for confirmation. In the event of a vacancy in the position of chief magistrate, the chief justice of the supreme court shall appoint a successor in accordance with subsection 8-8.2-1(a) . Any magistrate assigned under this section shall serve a term of ten (10) years and until a successor is appointed and qualified, and shall be in the unclassified service of the state. Nothing herein shall be construed to prohibit the assignment of a magistrate to more than one such term, subject to the advice and consent of the senate. Compensation for any such magistrate shall in no event be equal to or more than that of an associate judge of the district court. Magistrates of the traffic tribunal shall participate in the state retirement system in the same manner as all members of the unclassified service.
   2. If any judge of the traffic tribunal shall retire, or a vacancy becomes available through death, disability or any other reason, the position shall be filled by a magistrate consistent with the provisions of this section.
4. Each judge and magistrate of the traffic tribunal shall devote full time to his or her judicial duties, except as may be otherwise provided by law. He or she shall not practice law while holding office, nor shall he or she be a partner or associate of any person in the practice of law.
5. Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I. Const. Art. XI ; to the code of judicial conduct or successor code promulgated by the supreme court of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in accordance with chapter 16 of this title; and to the administrative authority and control of the chief justice of the supreme court in accordance with chapter 15 of this title, except that §§ 8-15-3 and 8-15-3 .1 shall not apply to judges of the traffic tribunal.
6. The traffic tribunal shall be a tribunal of record and shall have a seal with such words and devices as it shall adopt.
7. Judges and magistrates of the traffic tribunal shall have the power to administer oaths and affirmations.
8. Administrative/supervisory officials.
   1. There shall be an assistant to the administrative magistrate of the traffic tribunal who shall be appointed by and serve at the pleasure of the chief magistrate and who shall perform such clerical and administrative duties as may be assigned to him or her by the chief magistrate of the traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The assistant to the administrative judge or magistrate shall have the power to administer oaths and affirmations within the state.
   2. There shall be a clerk of the traffic tribunal who shall be appointed by and serve at the pleasure of the chief magistrate of the traffic tribunal; provided, however, that, effective July 1, 1999, the first clerk of the traffic tribunal shall be that person holding the position of administrator/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 by the governor or advice and consent of the senate. The clerk of the traffic tribunal shall exercise his or her functions under the direction and control of the chief magistrate of the traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The clerk of the traffic tribunal shall have the power to administer oaths and affirmations within the state.
9. Clerical Personnel/Court Recorders.
   1. The chief magistrate of the traffic tribunal shall appoint deputy clerks and assistance clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer oaths and affirmations within the state.
   2. The chief magistrate of the traffic tribunal shall appoint sufficient court recorders to enable all proceedings to be recorded by electronic means and who shall assist in such other clerical duties as may be prescribed from time to time by the chief magistrate of the traffic tribunal.
   3. The chief magistrate of the traffic tribunal shall employ such clerical assistants in addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties.

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8; P.L. 2008, ch. 1, § 4; P.L. 2011, ch. 292, § 1; P.L. 2012, ch. 415, § 13; P.L. 2013, ch. 289, § 1; P.L. 2013, ch. 401, § 1.

8-8.2-2. Jurisdiction.

1. Notwithstanding any inconsistent provision of law, all probationary license hearings as provided in § 31-10-26 , all violations of the department of transportation, department of environmental management or council on postsecondary education regulations regarding parking, standing, or stopping in areas under the jurisdiction of these agencies, all violations of state statutes relating to motor vehicles, littering, and traffic offenses, except those traffic offenses committed in places within the exclusive jurisdiction of the United States, and except driving so as to endanger resulting in death, driving so as to endanger resulting in personal injury, driving while under the influence of liquor or drugs, driving while under the influence of liquor or drugs resulting in death, driving while under the influence of liquor or drugs resulting in serious bodily injury, reckless driving and other offenses against public safety as provided in § 31-27-4 , eluding a law enforcement officer with a motor vehicle in a high speed pursuit, driving after denial, suspension or revocation of license, and leaving the scene of an accident in violation of § 31-26-1 and § 31-26-2 , and driving without the consent of the owner and possession of a stolen motor vehicle in violation of § 31-9-1 and § 31-9-2 , shall be heard and determined by the traffic tribunal pursuant to the regulations promulgated by the chief magistrate of the traffic tribunal; provided, however, the traffic tribunal shall not hear any parking, standing, or stopping violations that occur in any city or town that has established its own municipal court and has jurisdiction over such violations. Nothing contained herein shall abrogate the powers of the Rhode Island family court under the provisions of chapter 1 of title 14.
2. Notwithstanding any inconsistent provision of law, the traffic tribunal shall have concurrent jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief magistrate of the traffic tribunal, all violations of any ordinances, rules, and regulations governing the public waters and the speed, management, and control of all vessels and the size, type and location and use of all anchorages and moorings within the jurisdiction of the towns of North Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett, and Tiverton enforced and supervised by the harbormaster and referred to the traffic tribunal, and the terms “traffic violations” and “traffic infraction” when used in this chapter shall include the aforesaid violations and the violations shall be adjudicated in accordance with the provisions of this chapter. Nothing contained herein shall abrogate the powers of the Rhode Island coastal resources management council under the provisions of chapter 23 of title 46.
3. Notwithstanding any inconsistent provision of law, the traffic tribunal shall have jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief magistrate of the Rhode Island traffic tribunal, all civil violations for §§ 20-1-12 , 20-11-20 , 20-13-16 , 20-16-17 , 23-22.5-9 , 32-2-4 , 21-28-4.01(c)(2)(iii) , 21-28-4.01(c)(2)(iv) , and 46-22-19(1) as set forth in § 42-17.10-1 .
4. A party aggrieved by a final order of the traffic tribunal appeals panel shall be entitled to a review of the order by a judge of the district court. Unless otherwise provided in the rules of procedure of the district court, the review shall be on the record and appellate in nature. The district court shall by rules of procedure establish procedures for review of an order entered by the appeals panel of the traffic tribunal.
5. Violations of any statute, rule, ordinance, or regulation referenced in this section are subject to fines enumerated in § 31-41.1-4 , except for violations of §§ 21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv) .

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8; P.L. 2007, ch. 253, § 2; P.L. 2007, ch. 294, § 2; P.L. 2008, ch. 1, § 4; P.L. 2008, ch. 100, art. 12, § 3; P.L. 2012, ch. 221, § 4; P.L. 2012, ch. 233, § 4; P.L. 2021, ch. 98, § 1, effective July 1, 2021; P.L. 2021, ch. 99, § 1, effective July 1, 2021.

8-8.2-3. Collection authority — Contempt.

1. A judge or magistrate shall have the authority to enforce the judgments of the tribunal as authorized by law. The procedure for the collection of costs and fines shall generally follow the course of the collection of civil judgments pursuant to chapters 17 and 28 of title 9 to the extent applicable. A judge or magistrate shall not issue a body attachment for any judgment entered prior to the effective date of this section. All peace officers authorized by the law shall exercise the powers of a constable for purposes of making service of any writ or notice issued by the traffic tribunal pursuant to this collection procedure, including the execution of a body attachment. In the event that a body attachment is executed, the detainee must be brought before a judge or magistrate, or if the traffic tribunal is not in session before a justice of the peace authorized pursuant to § 12-10-2 immediately upon detention or as soon thereafter as is reasonably practicable. The amount of fees and fines due to the traffic tribunal shall be noted on a body attachment issued pursuant to this procedure, and a justice of the peace shall accept said monies and order the release of the detainee if the amount due is tendered. If the detainee claims an inability to pay the full amount due, the justice of the peace shall order the release of the detainee pursuant to reasonable bail. The chief magistrate of the traffic tribunal shall issue rules and regulations for the collection process consistent with this section.
2. A judge or magistrate of the traffic tribunal may adjudicate a person in willful contempt and order him or her fined up to a maximum of five hundred dollars ($500) for each separate offense. Provided further that, if the judge or magistrate determines that the person is unable to pay the fine or judgment, he or she may order partial payments or establish a payment schedule for the payment of the fine or judgment.

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8.

8-8.2-4. Subpoena.

1. The traffic tribunal through its judges, magistrates and clerks is hereby authorized and empowered to summon defendants and issue subpoenas to the same extent as they may be issued by the district court in civil cases in such forms as may be prescribed by rules promulgated by the chief magistrate of the traffic tribunal pursuant to § 8-6-2 .
2. Notaries public and justices of the peace may issue subpoenas returnable before the traffic tribunal to the same extent that they are authorized to do so in civil cases pending before the district court.

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8.

8-8.2-5. Security officers — Powers.

1. All full time security officers employed by the traffic tribunal shall have the same immunities and may exercise all powers of sheriffs, city and town police officers, and constables when the security officers are enforcing the laws of this state, and all rules and regulations of the traffic tribunal upon the lands and buildings owned or occupied by the traffic tribunal upon streets and highways immediately adjacent to those lands or when in attendance with a judge or magistrate.
2. All security officers shall be required to attend the Rhode Island municipal police academy for a period of forty (40) hours for the purpose of training in law enforcement.
3. When any person is suspected of having committed a felony the superintendent of state police shall be notified following the suspected felon’s arrest.
4. When acting as a constable with the authorization of the Chief Magistrate, he or she may exercise all powers under Rhode Island §§ 8-8-12(10) and 8-8-23 .

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2001, ch. 187, § 1; P.L. 2001, ch. 405, § 1; P.L. 2007, ch. 73, art. 3, § 8.

8-8.2-6. Retirement of judges on reduced pay.

1. Whenever any person engaged as a judge on or before July 2, 1997, has served as a judge of the administrative adjudication court or as a judge of the administrative adjudication court who is reassigned by this chapter to the traffic tribunal for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty five (65) years, the judge may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to three fourths (3/4) of the annual salary that the judge was receiving at the time of retirement; provided, however, any person who has served for twenty (20) years and has reached the age of sixty five (65) years, or has so served for fifteen (15) years and reached the age of seventy (70) years, may retired from active service and, thereafter, the judge shall receive annually during his or her life a sum equal to the annual salary he or she was receiving at the time of his or her retirement. In determining eligibility under this section, any judge who has served within the judiciary or as a hearing officer or administrative law judge, may include such service as if the service had been on the administrative adjudication court and shall be included under the provisions of § 36-9-5 . Whenever a judge or magistrate shall be granted a leave of absence without pay, such absence shall not be credited towards active service time for the purposes of retirement.
2. Any judge who shall retire in accordance with the provisions of this section may at his or her request, and at the direction of the chief justice of the supreme court subject to the retiree’s physical and mental competence, be assigned to perform such services as a judge or magistrate in the traffic tribunal as the chief magistrate of the traffic tribunal or the chief justice shall prescribe. When so assigned and performing that service, he or she shall have all the powers and authority of a judge or magistrate. A retired judge shall not be counted in the number of magistrates provided by law for the traffic tribunal nor shall he or she receive any further emolument other than his or her retirement pay for the performance of the aforesaid services.

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8; P.L. 2007, ch. 126, § 2; P.L. 2007, ch. 179, § 2.

8-8.2-7. Retirement contribution.

1. Judges of the administrative adjudication court engaged after December 31, 1989, who are reassigned by this chapter to the traffic tribunal shall have deducted from their total salary beginning December 31, 1989, and ending June 30, 2012, an amount equal to a rate percent of compensation as specified in § 36-10-1 relating to member contributions to the state retirement system. Effective July 1, 2012, all active judges whether engaged before or after December 31, 1989, shall have deducted from compensation as defined in § 36-8-1(8) an amount equal to twelve percent (12%) of compensation. The receipts collected under this provision shall be deposited in a restricted revenue account entitled “administrative adjudication retirement benefits” on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld. Proceeds deposited in this account shall be used to pay judges’ retirement costs. The retirement board shall establish rules and regulations to govern the provisions of this section.
2. The state is required to deduct and withhold member contributions and to transmit same to the retirement system and is hereby made liable for the contribution. In addition, any amount of employee contributions actually deducted and withheld shall be deemed to be a special fund in trust for the benefit of the member and shall be transmitted to the retirement system as set forth herein.
3. A judge of the administrative adjudication court reassigned by this chapter to the traffic tribunal who withdraws from service or ceases to be a member for any reason other than death or retirement, shall be paid on demand a refund consisting of the accumulated contributions standing to his or her credit in his or her individual account in the administrative adjudication retirement benefits account. Any member receiving a refund shall thereby forfeit and relinquish all accrued right as a member of the system together with credits for total service previously granted to the member; provided, however, that if any member who has received a refund shall subsequently reenter the service and again become a member of the system, he or she shall have the privilege of restoring all moneys previously received or disbursed to his or her credit as a refund of contributions plus regular interest for the period from the date of refund to the date of restoration. Upon the repayment of the refund as herein provided, such member shall again receive credit for the amount of total service which he or she had previously forfeited by the acceptance of the refund.
4. Whenever any judge of the administrative adjudication court dies from any cause before retirement and has no surviving spouse or domestic partner or minor child(ren), a payment shall be made of the accumulated contributions standing to his or her credit in his or her individual account in the administrative adjudication court judges’ retirement account. The payment of the accumulated contributions of the judge shall be made to such person as the judge shall have nominated by written designation duly executed and filed with the retirement board, or if the judge has no filed nomination, or if the person so nominated has died, then to the estate of the deceased judge.

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 167, § 4; P.L. 2007, ch. 274, § 4; P.L. 2011, ch. 408, § 18; P.L. 2011, ch. 409, § 18; P.L. 2019, ch. 205, § 3; P.L. 2019, ch. 271, § 3.

8-8.2-8. State contributions.

The state of Rhode Island shall make its contribution for maintaining the system established by § 8-8.2-7 and providing the annuities, benefits, and retirement allowances in accordance with the provisions of this chapter by annually appropriating an amount that will pay a rate percent of the compensation paid after December 31, 1989, to judges of the administrative adjudication court engaged after December 31, 1989, who are reassigned by this chapter to the traffic tribunal. The rate percent shall be computed and certified in accordance with the procedures set forth in § 36-8-13 and § 36-10-2 under rules and regulations promulgated by the retirement board pursuant to § 36-8-3 and shall be transmitted on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld.

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2019, ch. 205, § 3; P.L. 2019, ch. 271, § 3.

8-8.2-9. Retirement of judges on reduced pay.

1. Whenever any person first engaged as a judge subsequent to July 2, 1997, has served as a judge of the administrative adjudication court or as a judge of the administrative adjudication court who is reassigned by this chapter to the traffic tribunal for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty five (65) years, the judge may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to three fourths (3/4) of his or her average highest three (3) consecutive years of compensation; provided, however any such person who has served twenty (20) years and has reached the age sixty five (65) or has served fifteen (15) years and has reached the age of seventy (70) years, may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to his or her average highest three (3) consecutive years of compensation. In determining eligibility under this section, any judge who has served within the judiciary or as a hearing officer or administrative law judge, may include such service as if the service had been on the administrative adjudication court and shall be included under the provision of § 36-9-5 . Whenever a justice or magistrate shall be granted a leave of absence without pay, such absence shall not be credited towards active service time for the purposes of retirement.
2. Any judge who shall retire in accordance with the provisions of this section may at his or her own request, and at the direction of the chief justice of the supreme court subject to the retiree’s physical and mental competence, be assigned to perform such services as a magistrate in the traffic tribunal as the chief magistrate or chief justice shall prescribe. When so assigned and performing that service, he or she shall have all the powers and authority of a magistrate. A retired judge shall not be counted in the number of magistrates provided by law for the division of traffic adjudication nor shall he or she receive any further emolument other than his or her retirement pay for the performance of the aforesaid services.

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8; P.L. 2007, ch. 126, § 2; P.L. 2007, ch. 179, § 2.

8-8.2-10. No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge or chief magistrate.

No increment in salary resulting from any rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief magistrate shall be construed to add to the annual salary of a judicial officer for purposes of retirement under § 8-8.2-6 or § 8-8.2-9 .

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8; P.L. 2011, ch. 63, § 2; P.L. 2011, ch. 95, § 2.

8-8.2-11. Allowance to surviving spouses or domestic partners of deceased judges.

1. Whenever any judge of the administrative adjudication court or any judge of the administrative adjudication court who is reassigned by this chapter to the traffic tribunal dies after retirement or during active service while eligible for retirement, the judge’s surviving spouse or domestic partner shall receive annually thereafter during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, an amount equal to one third (1/3) of the annual payment that the administrative judge was receiving by way of salary or retirement pay at the time of his or her death. Whenever a judge of the administrative adjudication court or any judge of the administrative adjudication court who is reassigned by this act to the traffic tribunal shall die without having become eligible to retire under § 8-8.2-6 and has served ten (10) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter during the spouse’s or domestic partner’s lifetime and so long as he or she remains unmarried or not in a domestic partnership, one fourth (1/4) of the annual salary that the judge was receiving at the time of his or her death.
2. Any judge who retires under the provisions of § 8-8.2-6 may at his or her option elect to receive three fourths (3/4) of his or her retirement pay, and where the option is exercised by giving the general treasurer notice in writing thereof within two (2) years after the date of his or her retirement, his or her surviving spouse or domestic partner shall receive annually one half (1/2) of his or her retirement pay during the spouse’s or domestic partner’s lifetime so long as he or she remains unmarried or not in a domestic partnership.

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 510, § 3; P.L. 2012, ch. 415, § 13.

8-8.2-12. Additional benefits payable to retired judges and their surviving spouses or domestic partners.

1. All judges of the administrative adjudication court and all judges of the administrative adjudication court who have been reassigned to the traffic tribunal, or their surviving spouses or domestic partners, who retire after January 1, 1970 and who receive a retirement allowance pursuant to the provisions of this title, shall, on the first day of January, next following the third anniversary of the retirement, receive a cost of living retirement adjustment in addition to his or her retirement allowance in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original allowance, compounded annually from the year cost of living adjustment was first payable to be continued during the lifetime of the judge or his or her surviving spouse or domestic partner. For the purpose of such computation, credit shall be given for a full calendar year regardless of the effective date of the retirement allowance.
2. Any judge who retired prior to January 31, 1980, shall be deemed for the purpose of this section to have retired on January 1, 1980.
3. For judges not eligible to retire as of September 30, 2009, and not eligible upon passage of this article, and for their beneficiaries, the cost of living adjustment described in subsection (a) above shall only apply to the first thirty-five thousand dollars ($35,000) of retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed, of retirement allowance shall be multiplied by the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less on the month following the anniversary date of each succeeding year. For judges eligible to retire as of September 30, 2009, or eligible upon passage of this article, and for their beneficiaries, the provisions of this subsection (c) shall not apply.
4. This subsection (d) shall be effective for the period July 1, 2012, through June 30, 2015. (d) (1) Notwithstanding the prior paragraphs of this section, and subject to paragraph (d)(2) below, for all present and former justices, active and retired justices, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind, whether provided for or on behalf of justices engaged on or prior to December 31, 1989 as a non-contributory justice or engaged after December 31, 1989 as a contributory justice, the annual benefit adjustment provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the Five-Year Average Investment Return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser of the justice’s retirement allowance or the first twenty-five thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually in the same percentage as determined under (d)(1)(A) above. The “Five-Year Average Investment Return” shall mean the average of the investment return of the most recent five (5) plan years as determined by the retirement board. Subject to paragraph (d)(2) below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd) anniversary of the date of retirement or the date on which the retiree reaches his or her Social Security retirement age, whichever is later. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount. (2) Except as provided in paragraph (d)(3), the benefit adjustments under this section for any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees’ Retirement System of Rhode Island, the Judicial Retirement Benefits Trust, and the State Police Retirements Benefits Trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%) in which even the benefit adjustment will be reinstated for all justices for such plan year. In determining whether a funding level under this paragraph (d)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section. (3) Notwithstanding paragraph (d)(2), in each fifth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five (5) plan years, a benefit adjustment shall be calculated and made in accordance with paragraph (d)(1) above until the Funded Ratio of the Employees’ Retirement System of Rhode Island, the Judicial Retirement Benefits Trust, and the State Police Retirement Benefits Trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%). (4) Notwithstanding any other provision of this chapter, the provisions of this paragraph (d) of § 8-8.2-12 shall become effective July 1, 2012, and shall apply to any benefit adjustment not granted on or prior to June 30, 2012.
5. This subsection (e) shall become effective July 1, 2015.
   1. 1. As soon as administratively reasonable following the enactment into law of this subsection (e), a one-time benefit adjustment shall be provided to justices and/or beneficiaries of justices who retired on or before June 30, 2012, in the amount of two percent (2%) of the lesser of either the justice’s retirement allowance or the first twenty-five thousand dollars ($25,000) of the justice’s retirement allowance. This one-time benefit adjustment shall be provided without regard to the retiree’s age or number of years since retirement.
      2. Notwithstanding the prior subsections of this section, for all present and former justices, active and retired justices, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind, whether provided for or on behalf of justices engaged on or prior to December 31,1989 as a non-contributory justice or engaged after December 31, 1989 as a contributory justice, the annual benefit adjustment provided in any calendar year under this section for adjustments on and after January 1, 2016, and subject to subsection (e)(2) below, shall be equal to (I) multiplied by (II):
         1. Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:
            1. Is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the five-year average investment return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%). The “five-year average investment return” shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.
            2. Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor Statistics determined as of September 30 of the prior calendar year. In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%).
         2. Is equal to the lesser of either the justice’s retirement allowance or the first twenty-five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount to be indexed annually in the same percentage as determined under subsection (e)(1)(B)(I) above. The benefit adjustments provided by this subsection (e)(1)(B) shall be provided to all retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, and for all other retirees the benefit adjustments shall commence upon the third anniversary of the date of retirement or the date on which the retiree reaches his or her Social Security retirement age, whichever is later.
   2. Except as provided in subsection (e)(3), the benefit adjustments under subsection (e)(1)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for such plan year. In determining whether a funding level under this subsection (e)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.
   3. Notwithstanding subsection (e)(2), effective for members and/or beneficiaries of members who retired on or before June 30, 2015, in each fourth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four plan years: (i) A benefit adjustment shall be calculated and made in accordance with subsection (e)(1)(B) above; and (ii) The dollar amount in subsection (e)(1)(B)(II) of twenty-five thousand eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six dollars ($31,026) until the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%).
      1. Effective for members and or beneficiaries of members who have retired on or before July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60) days following the enactment of the legislation implementing this provision, and a second one-time stipend of five hundred dollars ($500) in the same month of the following year. These stipends shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable payment date and shall not be considered cost of living adjustments under the prior provisions of this § 8-8.2-12 .

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 510, § 3; P.L. 2010, ch. 23, art. 16, § 4; P.L. 2011, ch. 408, § 18; P.L. 2011, ch. 409, § 18; P.L. 2015, ch. 141, art. 21, § 23.

8-8.2-13. Calculation of retirement benefits.

For the purposes of the calculation of retirement benefits, in the event that any judge of the administrative adjudication court or any judge of the administrative adjudication court who has been reassigned to the traffic tribunal by this chapter participates or acquiesces in a state shutdown or in a reduced salary or salary deferral plan consistent with any plan imposed upon or agreed to by other state employees, his or her annual salary shall be calculated as if she or he had not participated or acquiesced in any shutdown or plan.

History of Section. P.L. 1999, ch. 218, art. 4, § 1.

8-8.2-14. Transfer of records and other property.

All books, papers, records, current appropriations and relevant property necessary for the functioning of the traffic tribunal shall be transferred thereto from the administrative adjudication court.

History of Section. P.L. 1999, ch. 218, art. 4, § 1.

8-8.2-15. Transfer of employees.

All employees of the administrative adjudication court deemed by the chief judge of the district court, with the approval of the chief justice of the supreme court, and subject to the labor laws of this state and any applicable collective bargaining agreement, to be essential to the operation of the traffic tribunal are hereby transferred to the said traffic tribunal. The chief judge of the district court shall, subject to the approval of the chief justice of the supreme court, and subject to any applicable collective bargaining agreement, assign appropriate titles and duties to said employees and shall promulgate a listing of said titles and duties within six (6) months from July 1, 1999.

History of Section. P.L. 1999, ch. 218, art. 4, § 1; P.L. 2012, ch. 415, § 13.

8-8.2-16. Interpretation.

Whenever, in the general laws, the words administrative adjudication court shall appear, said words shall be construed and interpreted as, and to mean, the traffic tribunal. Whenever, in the general laws, the words administrator/clerk of the administrative adjudication court shall appear, said words shall be interpreted and construed as, and to mean, clerk of the traffic tribunal. Except as provided in §§ 8-8.2-6 , 8-8.2-7 , 8-8.2-8 , 8-8.2-9 , 8-8.2-11 , and 8-8.2-12 , whenever, in the general laws, the words judge of the administrative adjudication court shall appear, said words shall be construed and interpreted as, and to mean, judge or magistrate of the traffic tribunal.

History of Section. P.L. 1999, ch. 218, art. 4, § 1.

8-8.2-17. Repealed.

History of Section. P.L. 1999, ch. 218, art. 4, § 1; Repealed by P.L. 2007, ch. 73, art. 3, § 8, effective August 1, 2007.

8-8.2-18. Custody of records.

The traffic tribunal established by this chapter shall have custody of all records, books, and papers of the administrative adjudication court heretofore existing. All proceedings and processes pending in the administrative adjudication court heretofore existing and shall continue with the same force and effect in the traffic tribunal herein established; and all rights and liabilities of the parties to such actions and proceedings and processes commenced prior to July 1, 1999, including costs of appeal, shall continue in full force and effect.

History of Section. P.L. 1999, ch. 218, art. 4, § 1.

8-8.2-19. Severability.

If any provision of this chapter or the application thereof shall for any reason be judged invalid, such a judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment.

History of Section. P.L. 1999, ch. 218, art. 4, § 1.

8-8.2-20. Domestic partner — Definition.

For purposes of this chapter, “domestic partner” shall be defined as a person who, prior to the decedent’s death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:

1. Both partners were at least eighteen (18) years of age and were mentally competent to contract;
2. Neither partner was married to anyone else;
3. Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;
4. Partners resided together and had resided together for at least one year at the time of death; and
5. Partners were financially interdependent as evidenced by at least two (2) of the following:
   1. Domestic partnership agreement or relationship contract;
   2. Joint mortgage or joint ownership of primary residence;
   3. Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or
   4. The domestic partner had been designated as a beneficiary for the decedent’s will, retirement contract or life insurance.

History of Section. P.L. 2007, ch. 510, § 4.

8-8.2-21. Abstracts of court records — Traffic tribunal.

A full record shall be kept by the Rhode Island traffic tribunal in this state of every case in which a person is charged with violating subparagraphs 21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv) . An abstract of the record shall be retained by the court. The abstract shall be made upon forms prepared by the chief magistrate of the Rhode Island traffic tribunal and shall include all necessary information as to the parties to the cause, the nature of the offense, the date of the hearing, the plea, the decision, the judgment, and the result, and every abstract shall be certified by the clerk of the court. The Rhode Island traffic tribunal shall keep the records and they shall not be open to public inspection. The chief magistrate of the traffic tribunal shall make the records available to Rhode Island state and local police departments for their inspection of the details of cases which have been heard before the tribunal.

History of Section. P.L. 2012, ch. 221, § 5; P.L. 2012, ch. 233, § 5.

8-8.3-1. Definitions.

When used in this chapter, the following words and phrases shall have the following meanings:

1. “Court” means the superior court in the county in which the respondent resides.
2. “Extreme risk protection order” means either a temporary order or a one-year order granted under this chapter.
3. “Family or household member” means present and former family members (as defined in § 15-15-1 ), parents (as defined in § 15-15-1 ), stepparents, legal guardians, persons who are or have been in a substantive dating or engagement relationship within the past one year (as defined in § 15-15-1), and cohabitants (as defined in § 8-8.1-1 ).
4. “Firearm” means and includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” “BB gun,” or other instrument from which steel or metal projectiles are propelled, or that may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles that are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm pursuant to the provisions of this section.
5. “Law enforcement agency” means the police department of any city or town, and the division of the Rhode Island state police established pursuant to chapter 28 of title 42.
6. “Law enforcement officer” means a sworn member of a law enforcement agency as defined herein.
7. “One-year extreme risk protection order” means an extreme risk protection order granted pursuant to the provisions of § 8-8.3-5 or renewed pursuant to the provisions of § 8-8.3-7 .
8. “Petitioner” means a law enforcement agency that petitions for an order pursuant to this chapter.
9. “Respondent” means the person who is identified as the respondent in a petition filed pursuant to this chapter.
10. “Social media” means any cell phone- or internet-based tools and applications that are used to share and distribute information.
11. “Temporary extreme risk protection order” means an extreme risk protection order issued pursuant to the provisions of § 8-8.3-4 .

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-2. Filing of petition.

Proceedings under this chapter shall be filed, heard, and determined in the superior court of the county in which the respondent resides. Any proceedings under this chapter shall not preclude any other available civil or criminal remedies. A party filing a petition under this chapter may do so without payment of any filing fee. There shall be no minimum residence requirements for the filing of a petition under this chapter. All matters filed under this chapter, as well as any documents submitted in conjunction with proceedings under this chapter, shall be maintained as confidential or non-public by the superior court.

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-3. Contents of petition.

1. A petition for an extreme risk protection order shall be filed only by a law enforcement agency.
2. A petitioner may file a petition with the court requesting an extreme risk protection order that shall enjoin the respondent from having in his or her possession, custody, or control any firearms and shall further enjoin the respondent from purchasing, receiving, or attempting to purchase or receive, any firearms while the order is in effect. The petitioner shall concurrently file a sworn affidavit for a search warrant pursuant to chapter 5 of title 12 for the search of any firearms in the possession, custody, or control of the respondent.
3. A petitioner shall file a petition upon receipt of credible information that the respondent poses a significant danger of causing imminent personal injury to self or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm.
4. A petition must state the specific statements, actions, or facts that support the belief that the respondent poses a significant danger of causing imminent personal injury to self or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm.
5. A petition for an extreme risk protection order must be supported by a written affidavit signed by the petitioner under oath. The petitioner may produce sworn statements or testimony of other witnesses to support the petition.
6. If the petitioner believes there are firearms in the respondent’s current ownership, possession, custody, or control, the petition and search warrant affidavit shall identify the number, types, and locations of all such firearms, if known.
7. A petitioner for an extreme risk protection order, at the time of the filing, shall identify all known restraining orders, orders of protection, and pending lawsuits, complaints, petitions, or actions pending, active, or filed within one year prior to the petition involving the respondent, including, but not limited to, an order entered pursuant to chapter 8.1 of title 8 or chapter 15 of title 15.

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-4. Temporary orders — Proceedings.

1. Upon the filing of a petition under this chapter, the court may enter a temporary order if the court finds there is probable cause from specific facts shown by the petition that the respondent poses a significant danger of causing imminent personal injury to self or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm before notice can be served and a hearing held.
2. If the court finds probable cause under subsection (a) of this section and from the sworn affidavit, a search warrant shall issue pursuant to chapter 5 of title 12 for the search for any firearms in the possession, custody, or control of the respondent. The warrant shall be executed pursuant to chapter 5 of title 12.
3. When the court is unavailable after the close of business, a petition and affidavit may be filed before any available superior court judge.
4. Any order and warrant issued under this section, and any documentation in support of an order and warrant, shall be filed immediately with the clerk of the superior court. The filing shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter.
5. A temporary extreme risk protection order must include:
   1. A statement of the grounds supporting the issuance of the order;
   2. The date and time the order was issued;
   3. A statement that the order shall continue until such time as a court considers the petition pursuant to § 8-8.3-5 at a hearing;
   4. The address of the court that issued the order and in which any responsive pleading should be filed;
   5. The date and time of the scheduled hearing;
   6. The following statement: “To the subject of this protection order: This order will continue until the hearing scheduled on the date and time noted above. If any of your firearms have not been seized by the petitioner, you are under an obligation to immediately contact the petitioner to arrange for the surrender of any other firearms that you own and/or are in your custody, control, or possession, that have not been seized. You must surrender to the petitioner all firearms that you own and/or are in your custody, control, or possession, and also immediately surrender to the licensing authority or the attorney general any concealed carry permit issued to you pursuant to § 11-47-11 or § 11-47-18 . While this order is in effect, it is illegal for you to have any firearm in your possession, custody, or control or for you to purchase, receive, or attempt to purchase or receive any firearm. You may seek the advice of an attorney as to any matter connected with this order. If you believe you cannot afford an attorney, you are hereby referred to the public defender for an intake interview, and if eligible, the court shall appoint an attorney for you.”
   7. Any temporary extreme risk protection order issued pursuant to this section shall continue until the time of the hearing pursuant to § 8-8.3-5 . If the court continues a hearing pursuant to § 8-8.3-5, the temporary order shall remain in effect until the next hearing date.
6. The court shall schedule a hearing within fourteen (14) days of the issuance of a temporary extreme risk protection order to determine if a one-year extreme risk protection order should be issued under this chapter.
7. A temporary extreme risk protection order shall be immediately personally served by the petitioner along with supporting documents that formed the basis of the order, the notice of hearing, and the petition for the one-year extreme protection order. Alternative service shall be in accordance with § 8-8.3-6 . Service issued under this section takes precedence over the service of other documents, unless the other documents are of a similar emergency nature. If timely personal service cannot be made, the court shall set a new hearing date and shall require additional attempts at obtaining personal service or permit alternative service as provided in this chapter.
8. If the court declines to issue a temporary extreme risk protection order, the court shall state in writing the reasons for the denial.

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-5. Hearings on petition — Grounds for issuance — Contents of order.

1. Upon hearing the matter, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing imminent personal injury to self or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm, the court shall issue a one-year extreme risk protection order. An extreme risk protection order issued by the court shall be for a fixed period of one year, at the expiration of which time the court may renew the extreme risk protection order as set forth in § 8-8.3-7 .
2. In determining whether grounds for an extreme risk protection order exist, the court may consider any or all of the following, including, but not limited to:
   1. A recent act or threat of violence by the respondent against self or others, regardless of whether the act or threat of violence involves a firearm;
   2. A pattern of acts or threats of violence by the respondent within the past twelve (12) months, including, but not limited to, acts or threats of violence against self or others;
   3. The respondent’s mental health history;
   4. Evidence of the respondent’s abuse of controlled substances or alcohol;
   5. Previous violations by the respondent of any court order including, but not limited to, restraining orders, no-contact orders issued pursuant to chapter 29 of title 12, and protective orders issued pursuant to chapter 8.1 of title 8 or chapter 15 of title 15;
   6. Previous extreme risk protection orders issued against the respondent;
   7. The unlawful, threatening, or reckless use or brandishing of a firearm by the respondent, including, but not limited to, such act taken or displayed through social media;
   8. The respondent’s ownership of, access to, or intent to possess firearms;
   9. The respondent’s criminal history, including, but not limited to, arrests and convictions for felony offenses, crimes of violence as defined in § 11-47-2 , violent misdemeanor offenses, crimes involving domestic violence as defined in § 12-29-2 , and stalking;
   10. The history, use, attempted use, or threatened use of physical violence by the respondent against another person, or the respondent’s history of stalking another person, or evidence of cruelty to animals by the respondent, including, but not limited to, evidence of violations or convictions pursuant to the provisions of chapter 1 of title 4; and
   11. Evidence of recent acquisition or attempts at acquisition of firearms by the respondent.
3. In determining whether grounds for a one-year extreme risk protection order exist, the court may also consider any other relevant and credible evidence presented by the petitioner, respondent, and any witnesses they may produce.
4. The court may continue a hearing under this section upon a showing of good cause, including, but not limited to, whether service was effectuated less than seven (7) days from the date of the scheduled hearing. If the court continues a hearing under this subsection in a matter in which a temporary extreme risk protection order has been issued under § 8-8.3-4 , the temporary extreme risk protection order shall remain in effect until the next hearing date.
5. During the hearing the court may consider whether a mental health evaluation or substance abuse evaluation is appropriate, and may recommend that the respondent seek the evaluation if appropriate.
6. An extreme risk protection order must include:
   1. A statement of the grounds supporting the issuance of the order;
   2. The date and time the order was issued;
   3. The date and time the order expires;
   4. Information pertaining to any recommendation by the court for mental health and/or substance abuse evaluations, if applicable;
   5. The address of the court that issued the order and in which any responsive pleading should be filed; and
   6. The following statement: “To the subject of this protection order: This order will continue until the date and time noted above unless terminated earlier by court order. If any of your firearms have not been seized by the petitioner, you are under an obligation to immediately contact the petitioner to arrange for the surrender of any other firearms that you own and/or are in your custody, control, or possession, that have not been seized. You must surrender to the petitioner all firearms that you own and/or are in your custody, control, or possession, and also immediately surrender to the licensing authority or the attorney general any concealed carry permit issued to you pursuant to § 11-47-11 or § 11-47-18 . While this order is in effect, it is illegal for you to have any firearm in your possession, custody, or control or for you to purchase, receive, or attempt to purchase or receive any firearm. You have the right to request one hearing to terminate this order within each twelve-month (12) period that this order, or any renewal order, is in effect. You may seek the advice of an attorney as to any matter connected with this order. If you believe you cannot afford an attorney, you are hereby referred to the public defender for an intake interview, and if eligible, the court shall appoint an attorney for you.”
7. Upon the issuance of a one-year extreme risk protection order, the court shall inform the respondent that he or she is entitled to request termination of the order in the manner prescribed by § 8-8.3-7 . The court shall provide the respondent with a form to request a termination hearing. The court shall also schedule a review hearing of the matter, which hearing shall be scheduled within thirty (30) calendar days before the date the one-year extreme risk protection order is set to expire.
8. If the court declines to issue a one-year extreme risk protection order, the court shall state in writing the particular reasons for the court’s denial and shall also order the return of weapons to the respondent. The return should be effectuated consistent with the provisions of § 8-8.3-8 .

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-6. Service of one-year extreme risk protection orders.

1. A one-year extreme risk protection order issued under this chapter shall be personally served upon the respondent by the division of sheriffs. Provided, the division of sheriffs may request the assistance of the state police with the service as needed. If the division of sheriffs cannot complete service of the one-year extreme risk protection order upon the respondent within seven (7) days of the order’s issuance, the deputy sheriff shall notify the petitioner and the court. The petitioner shall then seek an order for alternative service pursuant to this chapter.
2. If the court determines that after diligent effort, personal service on the respondent with or of any documents as required pursuant to this chapter cannot be made, then the court may order an alternative method of service designed to give reasonable notice to the respondent. Alternative service may include, but shall not be limited to: service by certified and regular mail at respondent’s last-known address or place of employment; leaving copies at the respondent’s dwelling or usual place of abode with a person of suitable age and discretion residing therein; or by affixing a summons to the door of the respondent’s residence. Provided, due to the nature of these proceedings, notice shall not be given by publication in a newspaper.
3. In the event personal service of any order, notice, or other document issued pursuant to this chapter cannot be obtained, the court shall have discretion to continue any extreme risk protection order, and hearing thereon, as the court deems appropriate, until service can be made upon the respondent.
4. Upon receipt of alternative service of any order, notice, or other document issued pursuant to this chapter, the respondent shall comply with the order, notice, or document as if personally served.

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-7. Termination — Expiration — Renewal of orders.

1. Termination of order.  The respondent may submit a single written request for a hearing to terminate a one-year extreme risk protection order issued under this chapter within the twelve-month (12) period that the order, or any renewal order, is in effect.
   1. Upon receipt of the request for a hearing to terminate a one-year extreme risk protection order, the court shall set a date for a hearing. The respondent shall cause a copy of the notice of the request to be served on the original petitioner. A hearing on this motion shall be scheduled not later than thirty (30) days from the date of filing the request.
   2. At a hearing to terminate a one-year extreme risk protection order prior to its scheduled date of expiration, the respondent shall have the burden of proving by clear and convincing evidence that the respondent does not pose a significant danger of causing imminent personal injury to self or others by having a firearm in his or her custody or control, or by purchasing, possessing, or receiving a firearm. The court may consider any relevant evidence, including evidence of the considerations enumerated in § 8-8.3-5 . In addition, the court may consider whether the respondent complied with the court’s recommendation that the respondent undergo a mental health and/or substance abuse evaluation.
   3. If the court finds after the hearing that the respondent has met his or her burden by clear and convincing evidence, the court shall terminate the one-year order and order return of the firearms consistent with the provisions of § 8-8.3-8 .
2. Notice of impending expiration.  The original petitioner shall notify in writing all interested parties, including but not limited to family or household members of the respondent, of the impending expiration of any one-year extreme risk protection order within fourteen (14) calendar days before the date the order expires.
3. Motion for renewal of order.  The petitioner may by motion request a renewal of a one-year extreme risk protection order at any time within fourteen (14) calendar days before the date the order expires.
   1. Upon receipt of a motion to renew a one-year extreme risk protection order, the court shall order that a hearing be held not later than fourteen (14) days from the date the motion is filed. The respondent shall be personally served with notice of the motion, unless otherwise ordered by the court.
   2. In determining whether to renew a one-year extreme risk protection order under this section, the court shall consider all relevant evidence presented by the petitioner and follow the same procedures provided in § 8-8.3-5 . The court may also consider whether the respondent complied with any court recommendation for a mental health and/or substance abuse evaluation.
   3. If the court finds by clear and convincing evidence that the requirements for issuance of a one-year extreme risk protection order as provided in § 8-8.3-5 continue to be met, the court shall renew the order for another year. Further, if, after notice, the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner’s motion and affidavit stating that there has been no material change in relevant circumstances since entry of the order that is subject to renewal.
   4. A renewal of a one-year extreme risk protection order shall be for another fixed period of one year, subject to termination as provided in subsection (a) of this section or future renewal by order of the court pursuant to this subsection.

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-8. Firearms return — Disposal.

1. Any firearm seized or surrendered in accordance with this chapter shall be returned to the respondent upon his or her request, within ten (10) days, when:
   1. The respondent produces documentation issued by the court indicating that any extreme risk protective order issued pursuant to this chapter has expired, terminated, or has not been renewed. Respondent shall not be required to acquire any additional court order granting the return of seized or surrendered firearms; and
   2. The law enforcement agency in possession of the firearms conducts a national criminal records check and determines that the respondent is not otherwise prohibited from possessing a firearm under state or federal law.
2. A law enforcement agency shall, if requested by the court or the petitioner, provide prior notice to any interested party, including but not limited to family or household members of the respondent, of the impending return of a firearm to a respondent, in the manner provided in § 8-8.3-6 .
3. Upon written request of the respondent, any law enforcement agency storing firearm(s) shall transfer possession of the firearm(s) to a federally licensed firearms dealer, who or that may be designated by the respondent if so desired.
   1. The respondent may instruct the federally licensed firearms dealer designated by the respondent where applicable to sell the firearm(s) or to transfer ownership or possession in accordance with state and federal law, to a qualified named individual who is not a member of the person’s dwelling house, and who is not prohibited from possessing firearms under state or federal law. The owner of any firearm(s) sold shall receive any financial value received from its sale, less the cost associated with taking possession of, storing, and transferring of the firearm(s).
   2. Any individual to whom possession of a firearm(s) is transferred pursuant to this subsection shall be prohibited from transferring or returning any firearm(s) to the respondent while the extreme risk protective order is in effect and shall be informed of this prohibition. Any knowing violation of this subsection is a felony that shall be punishable by imprisonment for a term of not more than five (5) years, or by a fine of not more than one thousand dollars ($1,000), or both.
   3. An individual to whom possession of a firearm(s) is transferred pursuant to this subsection shall only return a firearm(s) to the respondent if the respondent provides court documentation that the extreme risk protection order issued pursuant to this chapter has expired or been withdrawn or terminated and has not been renewed.
4. The Rhode Island state police are authorized to develop rules and procedures pertaining to the storage and return of firearms seized by or surrendered to the local law enforcement agency or the state police pursuant to the provisions of this chapter or chapter 8.1 of title 8. The state police may consult with the Rhode Island Police Chiefs’ Association in developing rules and procedures to effectuate this section.

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-9. Reporting of orders.

1. The clerk of the court shall enter any one-year extreme risk protection order or temporary extreme risk protection order issued pursuant to this chapter into a statewide judicial information system on the same day the order is issued.
2. The clerk of the court shall forward a copy of any order issued, renewed, or terminated under this chapter the same day the order is issued to the appropriate law enforcement agency specified in the order and the attorney general.
   1. Upon receipt of the copy of an extreme risk protection order, the attorney general shall enter the order into:
      1. The National Instant Criminal Background Check System, also known as the NICS database;
      2. All federal or state computer-based systems and databases used by law enforcement or others to identify prohibited purchasers of firearms; and
      3. All computer-based criminal intelligence information systems and databases available in this state used by law enforcement agencies.
   2. The order must remain in each system for the period stated in the order, and the law enforcement agency shall only remove orders from the systems upon notice that they have been terminated or expired. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order shall be fully enforceable in any city or town in the state.
3. The issuing court shall, within three (3) business days after issuance of a one-year extreme risk protection order or temporary extreme risk protection order, forward a copy of the respondent’s driver’s license, or comparable information, along with the date of order issuance, to the attorney general and the appropriate licensing authority. Upon receipt of the information, the attorney general or the appropriate licensing authority shall determine if the respondent has a concealed carry permit. If the respondent does have a concealed carry permit, the attorney general or the appropriate licensing authority shall immediately revoke the license.
4. If any extreme risk protection order is terminated before its expiration date, the clerk of the court shall forward, on the same day, a copy of the termination order to the office of the attorney general and the petitioner. Upon receipt of the order, the attorney general shall promptly remove the order from any computer-based system into which it was entered pursuant to subsection (b) of this section.

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-10. Penalties.

1. Any violation of any extreme risk protection order shall subject the violator to being found in contempt of court. The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies.
2. Any violation of an extreme risk protection order issued under this chapter of which the respondent has actual notice shall be a felony and, upon conviction, shall be punished by imprisonment for not more than ten (10) years, or a fine of not more than ten thousand dollars ($10,000), or both.
3. Filing a petition or providing information pursuant to this chapter knowing the information in or for such petition to be materially false, or with intent to harass the respondent, shall be a felony that shall be punished by imprisonment for not more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both.

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-11. Liability.

Except as provided in §§ 8-8.3-8 and 8-8.3-10 , this chapter does not impose criminal or civil liability on a law enforcement agency, law enforcement officer, or the attorney general or a member of that department, for acts or omissions related to obtaining any extreme risk protection order including, but not limited to, reporting, declining to report, investigating, declining to investigate, filing, or declining to file a petition under this chapter.

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-12. Required notice on orders — Confidentiality of proceedings.

1. Any extreme risk protection order form shall include, in a conspicuous location, notice of penalties resulting from violation of the order, and the following statement: “You have the sole responsibility to avoid or refrain from violating this order’s provisions. Only the court can change the order and only upon written application.”
2. All filings, petitions, orders, warrants, affidavits, evidence, and any other document filed pursuant to this chapter shall be deemed confidential documents and shall not be available for public inspection or disclosure absent a court order. This section shall not prohibit the entry of orders into appropriate databases as required pursuant to § 8-8.3-9 .

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-13. Appeal.

Any order under this chapter shall remain in effect during the pendency of an appeal to the supreme court unless the order is stayed by a justice of the supreme court.

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-8.3-14. Severability.

If any section of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the chapter and the application of the section to other persons or circumstances shall not be affected. The invalidity or unconstitutionality of any section or sections or part of any section or sections of this chapter shall not affect the validity of the remainder of this chapter and to this end the sections of this chapter are severable.

History of Section. P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.

8-9-1, 8-9-2. Repealed.

History of Section. C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 1; G.L. 1923, ch. 357, § 1; G.L. 1938, ch. 568, § 1; G.L., ch. 568, § 7; P.L. 1955, ch. 3499, § 1; G.L. 1956, §§ 8-9-1 , 8-9-2; Repealed by P.L. 1971, ch. 240, § 1.

8-9-2.1. Probate judges — Qualifications.

No person shall be eligible to serve as a probate judge in any city or town in this state unless he or she has been admitted to practice as an attorney before the Rhode Island supreme court and has been engaged in the active practice of law in this state. Each city or town may establish additional standards as may be determined by city or town ordinance.

History of Section. P.L. 1971, ch. 240, § 2.

8-9-2.2. New Shoreham town council as probate court.

The town council of the town of New Shoreham may act as a probate court within its town; the major part of the members elected constitutes a quorum for doing business, and the major part of those present at any legal meeting may decide upon any matter before them.

History of Section. P.L. 1971, ch. 219, § 1.

8-9-2.3. Probate judge in town where council sits as probate court.

In any town where the town council regularly sits as the probate court, the town council may appoint annually a member of the bar of the state of Rhode Island to be available to sit as judge of the probate court and may fill any vacancy occurring in the office of that appointee. Whenever a party to any contested matter in the probate court of the town shall so request, the town council acting as the probate court of the town shall designate the appointee to sit as a judge of the probate court to hear and determine that particular contested probate matter and the request and designation shall be recorded in the records of the probate court, and thereupon the appointee shall have the power and be subjected to the duties of the probate court with respect to the matter; provided, however, that if the appointee is a party to or interested in the matter, or is unable to perform his or her duties, no such designation shall be made. The probate clerk shall attend all hearings and record all proceedings before the appointee. The appointee shall not be entitled to any fees of the probate court, and the probate court shall be entitled to the same fees as if the designation had not been made. The appointee shall be entitled to receive from the town such compensation as it may allow.

History of Section. P.L. 1971, ch. 219, § 1.

8-9-3. Providence probate court.

The probate court of the city of Providence shall be the probate court for the city.

History of Section. C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 2; G.L. 1923, ch. 357, § 2; G.L. 1938, ch. 568, § 2; P.L. 1939, ch. 659, § 2; G.L. 1956, § 8-9-3 .

8-9-4. Election and powers of probate judge.

The town council of any town which may, at the regular meeting of the town, have delegated to its town council such power, shall elect a judge of probate for the town, and any city council or any town may at the election of town officers elect a judge of probate for the city or town; and the judge of probate, upon being engaged, shall, instead of the town council, have the power and be subject to the duties of a probate court, and be entitled to the fees of the court and such salary, in addition to or instead of such fees, to be received of the city or town, as the city or town may allow.

History of Section. C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 3; G.L. 1923, ch. 357, § 3; P.L. 1928, ch. 1233, § 1; G.L. 1938, ch. 568, § 3; G.L. 1956, § 8-9-4 .

8-9-5. Disqualification or inability of probate judge.

Unless otherwise provided, whenever the judge of probate in any city or town is a party or is interested in any case arising in his or her town, or is absent or unable to perform his or her duties, the town council of the town shall perform those duties in the same manner as if no judge of probate had been elected; provided, however, that whenever the judge of probate of the town of Warren is a party or is interested in any proceeding about to be heard in his or her court, or is absent or unable to perform his or her duties, or there is a vacancy in the office, his or her duties shall be temporarily performed by the town solicitor of the town; and the fact of the interest, absence, inability, or vacancy shall be rendered in the records of the court; provided, however, that whenever the judge of probate of the city of Newport or the town of Cumberland or Smithfield is a party or is interested in any proceeding about to be heard in his or her court, or is absent or unable to perform his or her duties, or there is a vacancy in the office, his or her duties shall be temporarily performed by the municipal court judge, if available, if not then the city solicitor of the city of Newport or by the town solicitor of the towns of Cumberland or Smithfield, respectively; and the fact of the interest, absence, inability, or vacancy shall be recorded in the records of the court; provided, however, that whenever the judge of probate of the towns of Hopkinton or West Greenwich is a party or is interested in any proceeding about to be heard in his or her court, or is absent or unable to perform his or her duties, or there is a vacancy in the office, his or her duties shall be temporarily performed by one or more deputy probate judges to be elected by the town council of the towns of Hopkinton and West Greenwich, in the same manner as prescribed for the election of the probate judge in § 8-9-4 , the deputy probate judge(s) to have the same powers and duties as the probate judge and be entitled to the fees of the court as the towns may allow; provided, further, however, that no judge of probate in any city or town shall be permitted to practice or enter his or her appearance or act in any capacity as an attorney in any case before the probate court in his or her city or town.

History of Section. C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 3; G.L. 1923, ch. 357, § 3; P.L. 1928, ch. 1233, § 1; G.L. 1938, ch. 568, § 3; P.L. 1948, ch. 2002, § 1; G.L. 1956, § 8-9-5 ; P.L. 1961, ch. 96, § 1; P.L. 1972, ch. 233, § 1; P.L. 1977, ch. 53, § 1; P.L. 1978, ch. 78, § 1; P.L. 1978, ch. 82, § 1; P.L. 1988, ch. 613, § 1; P.L. 2003, ch. 225, § 1; P.L. 2003, ch. 356, § 1; P.L. 2009, ch. 306, § 1; P.L. 2009, ch. 307, § 1; P.L. 2012, ch. 51, § 1; P.L. 2012, ch. 76, § 1.

8-9-6. Town or city clerk as clerk of court.

The town or city clerk of each town and city, unless special provision is made by law or charter to the contrary, shall be the clerk of the probate court of the town or city.

History of Section. C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 4; G.L. 1923, ch. 357, § 4; G.L. 1938, ch. 568, § 4; G.L. 1956, § 8-9-6 .

8-9-7. Duties of probate clerk.

The probate clerk shall attend the meetings of the probate court and shall record its proceedings and also all wills, administrations, inventories, accounts, decrees, orders, determinations, and other writings, which shall be made, granted, or decreed upon by the probate court of the town or city, and shall have the custody and safekeeping of the seal of the court and of all the books and papers belonging to the probate office, and of any stenographic or electronic recording of any probate court proceedings made by the probate clerk, and shall not act as attorney before the court of which he or she is clerk. Provided, that the probate clerk shall be required to retain stenographic and electronic recordings of any probate court proceedings only for one year from the date of the hearing.

History of Section. C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 5; G.L. 1923, ch. 357, § 5; G.L. 1938, ch. 568, § 5; G.L. 1956, § 8-9-7 ; P.L. 1996, ch. 110, § 3.

8-9-8. Clerk pro tempore in absence of probate clerk.

Whenever the clerk of any probate court shall not appear at the time and place appointed for the meeting of the court, the court may appoint a clerk for the time being, who, after being duly sworn, shall perform all the duties, exercise all the powers, enjoy all the emoluments, and be subject to all the requirements granted to or conferred on or required of clerks of probate courts.

History of Section. C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 6; G.L. 1923, ch. 357, § 6; G.L. 1938, ch. 568, § 6; G.L. 1956, § 8-9-8 .

8-9-9. General probate jurisdiction.

Every probate court shall have jurisdiction in the town or city in which it is established of the probate of wills; the granting of administration, the appointment of custodians, of administrators, of guardians of persons and estates, or of persons only or of estates only, and of conservators; the accepting and allowing of bonds, inventories, and accounts of executors, administrators, and guardians; the granting of leave to sell at public or private sale, or to mortgage property, as hereinafter provided; of the making of partition of the real estate of deceased persons; of the adoption of persons eighteen (18) years of age or older; of change of names of persons; of the removal or filling of a vacancy of a trustee of any trust established under a will, or the termination of such trust; of setting off and allowing real estate and personal property to widows and surviving husbands; and of all other matters now within the jurisdiction of probate courts. The court shall have power to accept the resignation of, or to remove, any custodian, executor, administrator, or guardian, or any other person appointed by the court, and also power to do and transact all matters and things incidental to the jurisdiction and powers vested in probate courts by law. Every probate court shall have the power to follow the course of equity insofar as necessary to fulfill the mandates of title 33 of the General Laws, specifically: the replacement, removal, or filling of any vacancy of any trustee under a trust established under a will; or tax minimization or estate planning under § 33-15-37.1 . The jurisdiction assumed in any case by the court, so far as it depends on the place of residence of a person, shall not be contested in any suit or proceedings except in the original case or on appeal therein or when the want of jurisdiction appears on the record.

History of Section. C.P.A. 1905, § 721; G.L. 1909, ch. 307, § 1; P.L. 1919, ch. 1787, § 1; G.L. 1923, ch. 358, § 1; G.L. 1938, ch. 569, § 1; impl. am. P.L. 1944, ch. 1441, § 36; G.L. 1956, § 8-9-9 ; P.L. 1996, ch. 110, § 3.

8-9-10. Appointment and supervision of temporary custodians of decedents’ estates.

Every probate court may appoint any suitable person or persons as custodian or custodians to have the charge and care of the real and personal property of deceased persons, the settlement of whose estates is within the jurisdiction of the court, until letters testamentary or of administration are granted; the court may require the custodians to give bond to the court, with or without surety or sureties, in its discretion; the court may also, in its discretion, authorize the custodians to sell any property that may come to their possession by virtue of the appointment, and to take any other action that the court may direct. The custodians shall in all things be subject to the control of the court and act under its direction, and shall receive a reasonable compensation out of the estate.

History of Section. C.P.A. 1905, § 722; G.L. 1909, ch. 307, § 2; G.L. 1923, ch. 358, § 2; GL. 1938, ch. 569, § 2; G.L. 1956, § 8-9-10 ; P.L. 2000, ch. 353, § 1; P.L. 2006, ch. 105, § 1; P.L. 2006, ch. 136, § 1.

8-9-11. Power to take probate and grant administration of decedents’ estates.

The probate court of any town or city shall take the probate of wills and grant administration on the estate of deceased persons who, at the time of their decease, were inhabitants of or residents in the town or city, and of other persons, not having any residence in this state, who die leaving rights, credits, or estates, real or personal, within the town or city; provided, that the first probate of the will, and the first grant of administration on the estate, of any deceased person who, at the time of his decease, was not an inhabitant of or resident within this state, shall bar any other probate or grant of administration, although the deceased person may have left rights, credits, or estates, real or personal, in any other town or city in this state.

History of Section. C.P.A. 1905, § 723; G.L. 1909, ch. 307, § 3; G.L. 1923, ch. 358, § 3; G.L. 1938, ch. 569, § 3; G.L. 1956, § 8-9-11 .

8-9-12. Payment of legacies.

Probate courts may determine all questions as to the payments of legacies by executors and administrators with the will annexed and may allow such payments in the accounts of executors and administrators.

History of Section. C.P.A. 1905, § 724; G.L. 1909, ch. 307, § 4; G.L. 1923, ch. 358, § 4; G.L. 1938, ch. 569, § 4; G.L. 1956, § 8-9-12 .

8-9-13. Revocation or modification of warrants and commissions.

Any warrant or commission for the appraisement of an estate, for examining claims against the estate of a deceased person, for the partition of real estate, or for the assignment of dower or other interest in real estate may be revoked by the court for sufficient cause; and the court may thereupon issue a new warrant or commission, or proceed otherwise, as the circumstances of the case shall require, or in the case of death, disability, or resignation of one or more of the appointees may supply vacancies occasioned thereby in such manner as the court shall deem best.

History of Section. C.P.A. 1905, § 725; G.L. 1909, ch. 307, § 5; G.L. 1923, ch. 358, § 5; G.L. 1938, ch. 569, § 5; G.L. 1956, § 8-9-13 .

8-9-14. Revocation or modification of orders or decrees.

Any probate court may modify or revoke any order or decree made by it on an uncontested application before appeal therefrom, or, if no appeal is taken, before the time for taking an appeal has expired, and, if made in reference to the settlement of any estate, also before the final settlement thereof, upon the written application of any person interested therein, and after notice of the time and place of hearing thereon appointed by the court, given in the manner prescribed by it, to the person having charge of the estate and to all other interested parties; and upon any modification or revocation, there shall be the same right of and time for appeal as in case of any other order or decree.

History of Section. C.P.A. 1905, § 726; G.L. 1909, ch. 307, § 6; G.L. 1923, ch. 358, § 6; G.L. 1938, ch. 569, § 6; G.L. 1956, § 8-9-14 .

8-9-15. Annulment of probate of will.

When it shall appear to a probate court, pending proceedings before it for the settlement of an estate as a testate estate, that the will under which the proceedings were had has been revoked by the testator, the court shall have power to annul any order or decree proving the will so revoked and any other order or decree made by the court in the settlement of the estate under the will. The court shall have power to proceed with the settlement of the estate under a subsequent will, if there is one; or, if there is none, to grant administration on the estate and proceed with the settlement thereof as an intestate estate, after such notice to all parties in interest as the court shall order; but the preceding executor or administrator shall not be personally liable for any thing done by him or her in good faith and in the line of his or her duties before the decree of annulment.

History of Section. C.P.A. 1905, § 727; G.L. 1909, ch. 307, § 7; G.L. 1923, ch. 358, § 7; G.L. 1938, ch. 569, § 7; G.L. 1956, § 8-9-15 .

8-9-16. Confirmation of prior acts and proceedings.

When the validity of an act or proceeding of a probate court, or of a person acting as executor, administrator, or guardian, is called in question by reason of an alleged irregularity, defective notice, or want or improper exercise of authority, any party interested in or affected by the act or proceeding may apply to the probate court having jurisdiction of the subject matter in respect to which the act or proceeding has been had; and the court, after such notice as it may order to all parties interested, may hear and determine the matter and confirm the act or proceeding, in whole or in part, and may authorize and empower the executor, administrator, guardian, or any successor, or other person who may be legally appointed to act in the same capacity, to confirm the act or proceeding and to execute and deliver such deeds, releases, conveyances, and other instruments as may be found necessary for that purpose; but no act or proceeding shall be confirmed which the court might not have authorized in the first instance upon due proceedings.

History of Section. C.P.A. 1905, § 728; G.L. 1909, ch. 307, § 8; G.L. 1923, ch. 358, § 8; G.L. 1938, ch. 569, § 8; G.L. 1956, § 8-9-16 .

8-9-17. Power to summon and receive evidence.

Any probate court may require the attendance of any party or person, whom it may see fit to examine or cause to be examined in any proceeding pending in the court, and may examine or cause to be examined on oath parties and witnesses, either orally or on written interrogatories or both, or may receive their affidavits and may require any writings or other evidence pertinent in such proceedings to be produced before itself or otherwise, and may issue writs of subpoena ad testificandum, and of subpoena duces tecum.

History of Section. C.P.A. 1905, § 729; G.L. 1909, ch. 307, § 9; G.L. 1923, ch. 358, § 9; G.L. 1938, ch. 569, § 9; G.L. 1956, § 8-9-17 .

8-9-17.1. Subpoenas issued by other officials.

Justices of the peace and notaries public may issue subpoenas to witnesses and subpoenas duces tecum in any case pending before any probate court.

History of Section. P.L. 1990, ch. 71, § 1; P.L. 1992, ch. 316, § 1.

8-9-18. Judicial aid in taking possession of property of estates.

If any person has or is suspected of having under his or her control any property or documents belonging to the estate of a deceased person or person under guardianship, or any thing which may tend to disclose the condition of the estate, and on demand therefor by the executor, administrator, guardian, conservator, or custodian refuses to deliver them to him or her without legal justification for the refusal; or if the person claims to have a lien thereon and refuses to disclose the amount and particulars of his or her claim; or if any person is suspected of having concealed, embezzled, or conveyed away any of the personal estate of the deceased person or ward, the probate court may, upon the written application of the executor, administrator, guardian, conservator, or custodian or any other party in interest, cite the person to appear before the court, and may examine him or her on oath concerning the matters complained of; and if he or she refuses to appear or to answer the interrogatories put to him or her by the court, it may adjudge him or her in contempt and may commit him or her therefor to the adult correctional institutions until he or she shall submit to the order of the court or be legally discharged. The person so examined shall not be excused from answering any question on the ground that his or her answer will tend to criminate him or her, but his or her answer shall not be used as evidence against him or her in any criminal prosecution except for perjury.

History of Section. C.P.A. 1905, § 730; G.L. 1909, ch. 307, § 10; G.L. 1923, ch. 358, § 10; G.L. 1938, ch. 569, § 10; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 8-9-18 .

8-9-19. Expense of commitment for failure to deliver property of estate.

The probate court shall ascertain the expenses occasioned by commitment as provided in § 8-9-18 , and the executor, administrator, guardian, conservator, or custodian of the estate shall pay the expenses; and if the party paying the expenses shall afterwards recover judgment against the person committed, for any property withheld by him or her belonging to the estate, those expenses, as ascertained by the probate court, shall be taxed as part of the costs of the suit; or if the person after being imprisoned shall, without suit, surrender any effects belonging to the estate withheld by him or her, the executor, administrator, guardian, conservator, or custodian may recover from him or her the amount of the expenses.

History of Section. C.P.A. 1905, § 731; G.L. 1909, ch. 307, § 11; G.L. 1923, ch. 358, § 11; G.L. 1938, ch. 569, § 11; G.L. 1956, § 8-9-19 .

8-9-20. Right to counsel of person suspected of withholding property.

Upon the examination as provided in § 8-9-18 , the person suspected may have counsel, who may examine and cross-examine him or her as to any matter deemed material arising in the course of the investigation.

History of Section. C.P.A. 1905, § 732; G.L. 1909, ch. 307, § 12; G.L. 1923, ch. 358, § 12; G.L. 1938, ch. 569, § 12; G.L. 1956, § 8-9-20 .

8-9-21. Contempt of court — Habeas corpus.

Every probate court may punish any contempt of its authority by fine or imprisonment or both. Every probate court may issue writs of habeas corpus to bring before it any person in jail to be examined as a witness in any suit or proceeding pending in the court, that the ends of justice may be attained, and for no other purpose.

History of Section. C.P.A. 1905, § 733; G.L. 1909, ch. 307, § 13; P.L. 1910, ch. 585, § 1; G.L. 1923, ch. 358, § 13; G.L. 1938, ch. 569, § 13; G.L. 1956, § 8-9-21 .

8-9-22. Presumption of death from sea disaster.

If a person shall be lost in a sea disaster, the subject of which has been investigated by the United States Navy, the United States Coast Guard, or a similar agency in a foreign country, and after due and diligent search there was a finding by the Navy, Coast Guard, or similar agency that the person was lost in a sea disaster which finding is supported by testimony given by an eyewitness to the disaster, then any heir of the person may, after six (6) months of the date of the finding by the Navy, Coast Guard, or similar agency, produce the finding in the appropriate probate court and it shall be deemed prima facie evidence of the death of the person so as to allow for administration of his estate. Should more than one person be lost in the sea disaster, the Navy or Coast Guard or similar agency’s finding shall be prima facie evidence of death even if not supported by eyewitness testimony.

History of Section. P.L. 1980, ch. 139, § 1.

8-9-23. Missing person — Presumption of death.

If a resident of this state has disappeared and has been absent from his or her usual place of residence and his or her whereabouts has been unknown for more than four (4) years, it shall be prima facie evidence that the person is dead so as to allow for the administration of his or her estate.

History of Section. P.L. 1980, ch. 139, § 1.

8-10-1. Short title.

This chapter shall be known and may be cited as “The Family Court Act.”

History of Section. P.L. 1961, ch. 73, § 1.

8-10-2. Purpose of chapter.

This chapter shall be liberally construed to the end that families whose unity or well-being is threatened shall be assisted and protected, and restored, if possible, as secure units of law-abiding members; that each child coming within the jurisdiction of the family court shall receive the care, guidance and control which will conduce to his or her welfare and the best interests of the state; and that when a child is removed from the control of his or her parents, the family court shall secure for him or her care as nearly as possible equivalent to that which his or her parents should have given him or her.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-3. Establishment of court — Jurisdiction — Seal — Oaths.

1. There is hereby established a family court, consisting of a chief judge and eleven (11) associate justices, to hear and determine all petitions for divorce from the bond of marriage and from bed and board; all motions for allowance, alimony, support and custody of children, allowance of counsel and witness fees, and other matters arising out of petitions and motions relative to real and personal property in aid thereof, including, but not limited to, partitions, accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the court by the filing of petitions for divorce, bed and board and separate maintenance; all motions for allowance for support and educational costs of children attending high school at the time of their eighteenth (18th) birthday and up to ninety (90) days after high school graduation, but in no case beyond their nineteenth (19th) birthday; enforcement of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state; modification of any order or decree granting alimony and/or custody and/or visitation of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances; modification of any order or decree granting child support of any court of competent jurisdiction of another state provided: (1) the order has been registered in Rhode Island for the purposes of modification pursuant to § 15-23.1-611 , or (2) Rhode Island issued the order and has continuing exclusive jurisdiction over the parties; antenuptial agreements, property settlement agreements and all other contracts between persons, who at the time of execution of the contracts, were husband and wife or planned to enter into that relationship; complaints for support of parents and children; those matters relating to delinquent, wayward, dependent, neglected, or children with disabilities who by reason of any disability requires special education or treatment and other related services; to hear and determine all petitions for guardianship of any child who has been placed in the care, custody, and control of the department for children, youth, and families pursuant to the provisions of chapter 1 of title 14 and chapter 11 of title 40; adoption of children under eighteen (18) years of age; change of names of children under the age of eighteen (18) years; paternity of children born out of wedlock and provision for the support and disposition of such children or their mothers; child marriages; those matters referred to the court in accordance with the provisions of § 14-1-28 ; those matters relating to adults who shall be involved with paternity of children born out of wedlock; responsibility for or contributing to the delinquency, waywardness, or neglect of children under sixteen (16) years of age; desertion, abandonment, or failure to provide subsistence for any children dependent upon such adults for support; neglect to send any child to school as required by law; bastardy proceedings and custody to children in proceedings, whether or not supported by petitions for divorce or separate maintenance or for relief without commencement of divorce proceedings; and appeals of administrative decisions concerning setoff of income tax refunds for past due child support in accordance with §§ 44-30.1-5 and 40-6-21 . The holding of real estate as tenants by the entirety shall not in and of itself preclude the family court from partitioning real estate so held for a period of six (6) months after the entry of final decree of divorce.
2. The family court shall be a court of record and shall have a seal which shall contain such words and devices as the court shall adopt.
3. The judges and clerk of the family court shall have power to administer oaths and affirmations.
4. The family court shall have exclusive initial jurisdiction of all appeals from any administrative agency or board affecting or concerning children under the age of eighteen (18) years and appeals of administrative decisions concerning setoff of income tax refunds, lottery set offs, insurance intercept, and lien enforcement provisions for past due child support, in accordance with §§ 44-30.1-5 and 40-6-21 , and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15.
5. The family court shall have jurisdiction over those civil matters relating to the enforcement of laws regulating child care providers and child placing agencies.
6. The family court shall have exclusive jurisdiction of matters relating to the revocation or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in accordance with chapter 11.1 of title 15. [See § 12-1-15 of the General Laws.]
7. Notwithstanding any general or public law to the contrary, the family court shall have jurisdiction over all protective orders provided pursuant to the Rhode Island general laws, when either party is a juvenile.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 1972, ch. 30, § 1; P.L. 1973, ch. 125, § 1; P.L. 1974, ch. 85, § 1; P.L. 1975, ch. 3, § 1; P.L. 1976, ch. 252, § 1; P.L. 1977, ch. 89, § 1; P.L. 1980, ch. 54, § 1; P.L. 1981, ch. 319, § 1; P.L. 1984, ch. 167, § 3; P.L. 1984, ch. 281, § 1; P.L. 1987, ch. 163, § 2; P.L. 1988, ch. 84, § 7; P.L. 1992, ch. 326, § 1; P.L. 1994, ch. 158, § 2, P.L. 1994, ch. 195, § 3; P.L. 1994, ch. 244, § 1; P.L. 1994, ch. 263, § 3; P.L. 1995, ch. 370, art. 29, § 10; P.L. 1995, ch. 374, § 10; P.L. 1996, ch. 129, § 1; P.L. 1996, ch. 131, § 1; P.L. 1996, ch. 132, § 1; P.L. 1996, ch. 133, § 1; P.L. 1997, ch. 170, § 23; P.L. 1999, ch. 83, § 6; P.L. 1999, ch. 130, § 6; P.L. 2007, ch. 73, art. 3, § 9; P.L. 2010, ch. 216, § 1; P.L. 2010, ch. 236, § 1.

8-10-3.1. Magistrates — Appointment, duties, and powers.

1. The chief judge of the family court may appoint magistrates, with the advice and consent of the senate, to assist the court in the conduct of its business. A person appointed to serve as a magistrate shall be a member of the bar of Rhode Island. The powers and duties of magistrates shall be prescribed in the order appointing them.
2. In addition, magistrates may assist the court in:
   1. the enforcement and implementation of chapter 23.1 of title 15,
   2. the determination of matters that come before the court pursuant to § 8-10-4 , chapter 1 of title 14, chapters 5, 7, 8, 9, 10 and 16 of title 15, chapter 19 of title 16, chapter 11 of title 40, and chapter 5 of title 40.1. Magistrates shall be empowered to hear and determine all motions, pretrial conferences, arraignments of juvenile offenders, probable cause hearings, and review of all such matters, including but not limited to, the temporary placement, custody, disposition and adoption of children, orders of support, final divorce decrees, and the taking of testimony in conducting all hearings relative thereto subject to the review provided for in subsection (d).
3. The magistrates shall serve a term of ten (10) years and until a successor is appointed and qualified and his or her powers and duties shall be prescribed in the order appointing him or her or in the rules of procedure of the family court. Any magistrate in service as of January 1, 2008 who serves at the pleasure of the chief judge of the family court may be appointed for a term of ten (10) years with the advice and consent of the senate and until a successor is appointed and qualified. Nothing herein shall be construed to prohibit the assignment of a magistrate to more than one such term, subject to the advice and consent of the senate. The magistrates may be authorized:
   1. To regulate all proceedings before him or her;
   2. To do all acts and take all measures 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 imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;
   7. To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to comply with a pending order to provide support or to perform any other act; and
   8. To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the family court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the family court.
4. A party aggrieved by an order entered by a magistrate shall be entitled to a review of the order by a justice of the family court. Unless otherwise provided in the rules of procedure of the family court, such review shall be on the record and appellate in nature. The family court shall by rules of procedure establish procedures for review of orders entered by a magistrate, and for enforcement of contempt adjudications of a magistrate.
5. Final orders of the family court entered in a proceeding to review an order of a magistrate may be appealed to the supreme court.
6. The magistrates shall be empowered to hear de novo all applications for income withholding pursuant to chapter 16 of title 15 and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15.
7. The magistrates shall be empowered to hear all matters relating to the revocation or nonrenewal of a license of an obligor due to non-compliance with a court order of support, in accordance with chapter 11.1 of title 15.
8. The magistrates may be authorized by the chief judge to hear those matters on the domestic abuse prevention calendar and the nominal calendar. [See § 12-1-15 of the General Laws.]

History of Section. P.L. 1977, ch. 68, § 1; P.L. 1979, ch. 187, § 1; P.L. 1981, ch. 319, § 1; P.L. 1984, ch. 133, § 1; P.L. 1987, ch. 163, § 2; P.L. 1990, ch. 492, § 6; P.L. 1995, ch. 370, art. 29, § 10; P.L. 1995, ch. 374, § 10; P.L. 1996, ch. 267, § 1; P.L. 1997, ch. 170, § 22; P.L. 1998, ch. 442, § 2; P.L. 2007, ch. 73, art. 3, § 9; P.L. 2008, ch. 1, § 5.

8-10-3.2. General magistrate of the family court.

1. There is hereby created within the family court the position of general magistrate of the family court who shall be appointed by the chief judge of the family court with the advice and consent of the senate 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 general magistrate to more than one such term, subject to the advice and consent of the senate.
2. The general magistrate shall be an attorney at law and a member in good standing of the Rhode Island bar.
3. The primary function of the general magistrate shall be the enforcement of child support decrees, orders, and law relative to child support. The general magistrate shall have all the authority and powers vested in magistrates by virtue of §§ 8-10-3 , 8-10-3.1 , 9-15-19 , 9-15-21 , 9-14-26 , 9-18-8 , 9-18-9 , and 36-2-3 , and any other authority conferred upon magistrates by any general or public law or by any rule of procedure or practice of any court within the state.
4. The chief justice of the supreme court with the agreement of the chief judge of the family court may specially assign the general magistrate to any court of the unified judicial system; provided, however, that the general magistrate may be assigned to the superior court subject to the prior approval of the presiding justice of the superior court. When the general magistrate is so assigned he or she shall be vested, authorized, and empowered with all the powers belonging to the magistrates of the court to which he or she is specially assigned.
5. The general magistrate shall:
   1. Receive all credits and retirement allowances as afforded justices under chapter 3 of this title and any other applicable law;
   2. Be governed by the commission on judicial tenure and discipline, chapter 16 of this title, in the same manner as justices and workers’ compensation judges;
   3. Be entitled to a special license plate under § 31-3-47 ;
   4. Receive a salary equivalent to that of a district court judge;
   5. Be subject to all the provisions of the canons of judicial ethics; and
   6. Be subject to all criminal laws relative to judges by virtue of §§ 11-7-1 and 11-7-2 .
6. The general magistrate of the family court who shall at the time of passage of this section hold the position of general magistrate, shall upon retirement, at his or her own request and at the direction of the chief justice of the supreme court, subject to the retiree’s physical and mental competence, be assigned to perform such services as general magistrate of the family court, as the chief judge of the family court shall prescribe. When so assigned and performing such service, the general magistrate shall have all the powers and authority of general magistrate of the family court, but otherwise shall have no powers nor be authorized to perform any judicial duties. For any such service or assignments performed after retirement, the general magistrate shall receive no compensation whatsoever, either monetary or in kind. Such a retired general magistrate shall not be counted in the number of judicial officers provided by law for the family court.
7. The provisions of this section shall be afforded liberal construction.

History of Section. P.L. 1987, ch. 52, § 1; P.L. 1998, ch. 442, § 2; P.L. 2003, ch. 198, § 1; P.L. 2003, ch. 201, § 1; P.L. 2007, ch. 73, art. 3, § 9; P.L. 2012, ch. 207, § 1; P.L. 2012, ch. 236, § 1.

8-10-4. Criminal cases referred to family court.

To the family court shall also be referred for hearing, adjustment, reconciliation, decision, and sentence all causes properly brought in the court or appealed from other courts in which the defendant is accused, as provided by the statutes, of abandonment of his wife or her husband or children, or both, leaving them in danger of becoming public charges; of neglect to provide according to their means for his wife or her husband or children, or both; of neglect or refusal of an habitual drunkard to aid in the support of his or her family; of neglect or refusal by a child over eighteen (18) years of age to provide for the support and maintenance of his or her father or mother; or of threat to commit a crime or offense against the person or property of the defendant’s husband, wife, children, father, or mother.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 1994, ch. 88, § 1; P.L. 1994, ch. 316, § 1.

8-10-5. Attempts at reconciliation by family court.

In all the causes in § 8-10-4 , the family court shall seek to reconcile the parties and to re-establish friendly family relations, and to this end may suggest and hold conferences in chambers with the parties interested, and with their counsel, if they are represented by counsel and may have the children of the parties brought before it for examination.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 1997, ch. 326, § 8.

8-10-6. Notice to department of human services.

The clerk of the family court shall notify the director of the department of human services of the names and addresses, if known to him or her, of the parties to any proceeding in the court, so that the director, if the parties or any of them are recipients of public assistance, shall make known the interest of his or her department in the proceedings and shall enter an appearance.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-7. Family counselling service.

Within the family court there shall be a family counselling service, consisting of such personnel as the court shall deem necessary to assist the court in advising and counselling the parties and whose qualifications shall be established by the court. The justices of the family court or a majority of them shall be the appointing authority of the family counselling personnel. The court is specifically authorized to make use of existing private and public family and other service agencies in the functioning of the family counselling service. The family counselling service shall, where desirable, possible, and practicable, make use of the counsel and advice of a member of the clergy of the faith of each or all of the parties and shall, where desirable, possible, and practicable, consult the clergy of the parish or congregation of each of the respective parties.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 2007, ch. 309, § 1; P.L. 2007, ch. 415, § 1.

8-10-8. Medical, psychological, and other expert assistance.

The department of human services shall provide for the family court the services of such physicians, psychiatrists, experts, and consultants approved by the court as shall be necessary to accomplish the purposes for which the court is established.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-9. Assistance of services of department of corrections.

1. The facilities of the department of corrections shall be available at all times to the court. The director of the department of corrections shall assign to service in the court a supervisor of probation counsellors, probation counsellors, and other workers to carry out the purposes of the court. The supervisor, counsellors, and workers, when so assigned, shall be responsible to the court and shall serve in the court at the pleasure of the chief judge in his or her capacity as administrative judge.
2. At the request of the court, the director of the department of corrections, his or her assistants, and the bureau of mental hygiene shall make such investigation or examination, or both, as the court or any justice thereof may request of any party within its jurisdiction, and shall file with the court a written report of the investigation or examination, or both, within the time fixed by the court. Any party in interest or his or her counsel shall be entitled to examine the report, and shall be given the opportunity to cross-examine under oath the person who submits the report, and to introduce evidence in support of or in opposition to it before a decision is rendered by the court. The written report of investigation or examination shall not be used as evidence in any criminal matter heard by the court.
3. At the direction of the court, the supervisor of probation counsellors, probation counsellors, and other workers shall assume responsibility for the enforcement of all preliminary, interlocutory, and decretal orders in cases referred to them by the court. The court may order payments of temporary or permanent alimony for the support of a wife or children, or both, to the supervisor, counsellors, or workers for the account of the wife or children, or both.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-10. Family court registry.

Within the family court there shall be a registry, to be administered by the clerk of the court, which shall receive and disburse all payments made payable to the registry by direction of the court or by voluntary payment.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 1997, ch. 170, § 22.

8-10-11. Repealed.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 1977, ch. 263, § 3; Repealed by P.L. 1994, ch. 42, § 5, effective June 2, 1994. For present comparable provisions, see § 8-16.1-1 et seq.

8-10-12. Vacancy in office or inability of chief judge of family court.

Whenever there is a vacancy in the office of chief judge of the family court, or whenever the chief judge shall be unable, by reason of illness or absence, to perform the duties of his or her office, the vacancy shall be filled in the same manner as provided in § 8-3-4 for filling a vacancy in the office of presiding justice of the superior court.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-13. Repealed.

History of Section. P.L. 1961, ch. 73, § 1; Repealed by P.L. 2010, ch. 231, § 2, and by P.L. 2010, ch. 238, § 2, effective July 25, 2010.

8-10-14. Administration of operation of family court.

The chief judge of the family court shall be the administrative judge of the court. He or she shall be the head of the court and have supervision and control of the calendars and of the assignment of the justices. All court stenographers, secretaries, and masters shall be under his or her supervision. It shall be his or her duty to gather such statistics as shall reflect accurately the work of the court, for the information of the court and such other use as he or she may deem expedient. He or she shall also be charged with general responsibility for any recommendations he or she may believe important for the work of the court or any officers in any way connected therewith.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 1973, ch. 126, § 1.

8-10-14.1. Powers of justices of the peace.

1. The chief judge of the family court shall from time to time appoint, with power to revoke such appointments, from those qualified justices of the peace who shall be members of the bar of the state of Rhode Island as many such justices of the peace as he or she may deem necessary who shall be authorized to set and take bail in all complaints bailable before the family court except those offenses punishable by life imprisonment, and, if unable to post bail, to commit to the adult correctional institutions all respondents arrested on such complaints, and the chief judge shall authorize the justices of the peace so appointed by him or her to issue warrants and complaints returnable to the family court, for any offense for which by law a judge of the family court may issue a warrant and complaint, and all warrants so issued, and all warrants and complaints upon which bail is taken or commitments are made shall be forthwith returned to family court; provided, that the justices of the peace shall not in any case or for any purpose have the power to issue search warrants.
2. In the event that session of family court is not held in any of the counties on the next weekday (Monday thru Friday) after appearance by a respondent before a justice of the peace, then the justice of the peace may schedule the arraignment of the respondent in the closest county (if in session on the next day following) or in Providence county as he or she shall be directed by the administrative orders of the chief judge of the family court.

History of Section. P.L. 1985, ch. 97, § 1.

8-10-14.2. Recording and certification of appointments and revocations — Signature of warrants.

The appointments and revocations of justices of the peace shall be recorded in the records of the court and certified, by the chief judge making the appointment and revocation, to the secretary of state, and the judge shall also issue to the justice or justices of the peace his or her warrant under the seal of the court, by which the justice or justices shall be authorized to perform the duties herein specified, and shall also, whenever he or she shall revoke the appointment, notify the justice of the peace in writing of the revocation. Justices of the peace appointed to issue warrants shall sign all warrants by them issued as “justice of the peace authorized to issue warrants.”

History of Section. P.L. 1985, ch. 97, § 1.

8-10-15. Family court administrator.

1. There shall be a family court administrator who shall be appointed by the chief judge of the family court in his or her capacity as administrative judge of the court, with the advice and consent of the senate, and who shall hold office for a term of five (5) years.
2. Under the general supervision of the chief judge of the family court, within the policies established by the court, the administrator shall:
   1. Prepare an annual budget for the court;
   2. Formulate procedures governing the administration of court services;
   3. Make recommendations to the court for improvement in court services;
   4. Collect necessary statistics and prepare the annual report of the work of the court;
   5. Provide supervision and consultation to the staff of the court concerning administration of court services, training and supervision of personnel, and fiscal management;
   6. Perform such other duties as the chief judge shall specify;
   7. And further to assume and perform, in addition to any other duties provided by this chapter, the powers, authority, and the duties of the family court clerk, pursuant to the provisions of the general laws, and shall do and perform all other things which by law or the rules of the court shall appertain to the office of clerk.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 1972, ch. 52, § 1; P.L. 2005, ch. 10, § 4; P.L. 2005, ch. 21, § 4; P.L. 2008, ch. 119, § 3.

8-10-16. Quarters.

The director of administration shall provide the family court with proper quarters and facilities necessary for the performance of the duties of the court. He or she shall also provide the clerk of said court with adequate quarters and facilities necessary for the performance of his or her duties.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-17. Repealed.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 1985, ch. 144, § 1; Repealed by P.L. 1991, ch. 6, art. 12, § 1 and P.L. 1991, ch. 44, art. 71, § 1, effective February 15, 1991 and June 7, 1991, respectively.

8-10-18. Repealed.

History of Section. P.L. 1961, ch. 73, § 1; Repealed by P.L. 2008, ch. 9, art. 12, § 1, effective May 1, 2008.

8-10-19. Limitation on transfer or parole of juveniles.

During the period when a juvenile shall be placed in the receiving and screening unit or in the youth correctional center, no transfer or parole of the juvenile shall be made except with the consent of the chief judge of the family court, or, in his or her absence, with the consent of the justice who initially heard, or has pending before him or her, the matter involving such juvenile.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-20. Repealed.

History of Section. G.L., § 8-10-20 , as enacted by P.L. 1961, ch. 73, § 1; Repealed by P.L. 1975, ch. 247, § 2. For present law, see § 8-15-7 .

8-10-21. Records of court.

The records of the family court shall be public records, except that records of hearings in matters set forth in § 14-1-5 , together with stenographic notes and transcripts of those hearings, shall not be available for public inspection unless the court shall otherwise order. Notwithstanding the foregoing provisions, the records of the family court in criminal matters involving adults shall be public records. The record of delinquent or wayward adjudications of juveniles may be accessed by law enforcement personnel to be used for law enforcement purposes only and shall remain otherwise confidential. The Attorney General shall promulgate rules and regulations necessary to facilitate the purposes of this section.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 1999, ch. 220, § 1; P.L. 1999, ch. 223, § 1.

8-10-22. Intake department — Duties.

Within the family court there shall be established an intake department. Its duties shall be to receive applications and complaints relative to juvenile matters presented to the court, to provide for a thorough investigation of the applications and complaints, and to report thereon to the court before formal petition is filed. The intake department shall perform such other duties as shall be assigned to it by the court.

History of Section. P.L. 1944, ch. 1441, § 9; G.L. 1956, § 8-10-11 ; P.L. 1961, ch. 73, § 1.

8-10-23. Intake supervisors.

The justices of the family court, or a majority of them, shall appoint a chief intake supervisor and two (2) assistant intake supervisors who are qualified by education, training, previous experience in professional social welfare, personality, character, and special aptitude for the work, to serve at the pleasure of the court.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-23.1. Statewide juvenile hearing board.

1. The chief judge of the family court shall appoint a statewide juvenile hearing board coordinator who is qualified by education, training, previous experience in professional social welfare, personality, character, and special aptitude for the work, to serve at the pleasure of the chief judge. The juvenile hearing board coordinator shall provide education, training, data collection and analysis, coordination, and assistance to cities and towns in the establishment and maintenance of juvenile hearing boards and teen courts. Juvenile hearing boards and/or teen courts shall report any data deemed necessary by the family court to perform the functions of the juvenile hearing board coordinator. No juvenile hearing board or teen court in the State of Rhode Island shall hear, or dispose of offenses that constitute felony offenses if committed by an adult, except by the express written consent of the chief justice of the family court; nor shall any juvenile hearing board or teen court hear or dispose of any offense which has been amended from a felony offense to a misdemeanor offense, except by the express written consent of the chief justice of the family court. Juveniles, wherever they may live, upon a decision to refer the juvenile to the juvenile hearing board or teen court, shall be referred to the hearing board or teen court in the city or town where the offense was committed; provided, however, if the city or town does not have a hearing board or teen court, the juvenile shall be referred to the hearing board or teen court where the juvenile resides. The Statewide hearing board coordinator is responsible for setting up a statewide community service program which may be utilized by any hearing board or teen court.
2. The position of statewide juvenile hearing board coordinator is a pilot program which shall commence on July 1, 1998 and terminate on June 30, 2001, unless extended by the general assembly.

History of Section. P.L. 1998, ch. 397, § 1; P.L. 1998, ch. 418, § 1; P.L. 2000, ch. 192, § 1.

8-10-23.2. Creating a juvenile hearing board.

The town of North Kingstown shall have the authority to create a juvenile hearing board subject to the provisions of § 8-10-23.1 , notwithstanding the requirements of the town’s regulations, charter, or ordinances.

History of Section. P.L. 2003, ch. 295, § 1; P.L. 2003, ch. 352, § 1.

8-10-23.3. Jamestown juvenile hearing board.

The town of Jamestown shall have the authority to create a juvenile hearing board subject to the provisions of § 8-10-23.1 , and the requirements of the town’s regulations, charter or ordinances.

History of Section. P.L. 2009, ch. 36, § 1; P.L. 2009, ch. 166, § 1; P.L. 2010, ch. 239, § 15.

8-10-23.4. North Providence juvenile hearing board.

The town of North Providence shall use the authority to create a juvenile hearing board subject to the provisions of § 8-10-23.1 , notwithstanding the requirements of the town’s regulations, charter or ordinances.

History of Section. P.L. 2009, ch. 280, § 1; P.L. 2010, ch. 239, § 15.

8-10-24. Sessions, motions, assignments, etc.

The provisions of chapter 7 of this title, relating to the superior court, shall apply to the family court, except as the family court may otherwise by rule provide.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-25 — 8-10-27. Repealed.

History of Section. P.L. 1961, ch. 73, § 1; Repealed by P.L. 1972, ch. 52, § 2.

8-10-28. Authority and duties of clerk.

In addition to any other authority or duties provided by this chapter, the clerk of the family court shall have the authority and carry out the duties with respect to the family court that are exercised or performed by the clerks of the superior court for that court pursuant to the provisions of §§ 8-4-8 , 8-4-9 , and 8-4-10 .

History of Section. P.L. 1961, ch. 73, § 1.

8-10-29. Report of divorce proceedings to director of health.

The clerk of the family court shall make returns to the director of health, on or before the first day of March in each and every year, for the year ending on the thirty-first day of December preceding, of all the applications for divorce, showing the number of applications, the number thereof continued, the number granted, and the causes for which they are granted, but without the names of the parties, in accordance with the blanks which shall be furnished him or her by the director of health.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-30. Appointment of clerk pro tempore.

In case of the death, resignation, absence, inability, or refusal to serve of the clerk, the chief judge of the family court may appoint a clerk pro tempore who shall hold his or her office until the clerk shall have returned or the inability shall have been removed or another clerk shall have been appointed to fill the vacancy and shall have qualified. The clerk so appointed shall be sworn and give bond before he or she enters upon his or her duties and shall, during the term of service, be entitled to the compensation of the office.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-31. Appointment of deputies.

The clerk of the family court, with the approval of the chief judge of the court, may appoint one or more deputy clerks who, being sworn, may discharge all the duties of the clerk until removed by the clerk or the court. The clerk shall fix the compensation of his or her deputies within the amount appropriated therefor and shall be liable for his or her misconduct or neglect of duty.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-32. Employment of clerical assistance by clerk.

1. The clerk of the family court, with the approval of the chief judge thereof, shall appoint as many assistant clerks as may be necessary, who shall hold office until removal by the clerk or by a majority of the justices.
2. The clerk is hereby authorized and empowered to employ such clerical assistants, in addition to the assistant clerks, as he or she may require in his or her office in copying, recording, indexing, and attending upon the files of the court.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-33. Powers of assistant clerks of family court.

Each of the assistant clerks of the family court shall aid his or her principal in the discharge of his or her duties, and any act done by him or her, under direction of the clerk, in the line of duty of the clerk shall have the same force and effect as though done by the clerk; he or she shall have authority to administer oaths to parties, witnesses, and others as required in the conduct of the proceedings of the court.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-34. Court secretary and assistant.

The justices of the family court, or a majority of them, may appoint a secretary and an assistant secretary who shall hold office during the pleasure of the court and shall perform such duties as may be required by the court.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-35. Appointment of stenographers.

The justices of the family court, or a majority of them, shall appoint competent shorthand writers or stenotypists for regular service in the court and one or more such writers for occasional service therein in the absence of other appointees, who shall be known as court stenographers. They shall serve during the pleasure of the court and where designated by the chief judge.

History of Section. P.L. 1961, ch. 73, § 1.

8-10-36. Court reporters and court recording clerks — Supplies and preservation of notes and other materials.

All books, papers, recording media, and supplies necessary for the use of the court reporters and court recording clerks or similar recording personnel shall be furnished by the state, and the notebooks used and notes and recordings taken by them shall be the property of the state and be deposited with the clerk of the family court, provided, that the clerks shall not be required to preserve the notebooks and notes and recordings beyond the period of fifteen (15) years.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 1990, ch. 206, § 3.

8-10-37. Report of trials — Transcripts.

Subject to the provisions of § 8-10-21 , court reporters shall report stenographically, or court recording clerks or similar recording personnel shall report electronically, the proceedings in the trial of every action or proceeding, civil or criminal, in the family court. Each court reporter or court recording clerk or similar recording personnel shall also, upon the order of any justice of the court, transcribe or otherwise reproduce his or her report to be filed with the papers in the case. He or she shall also make a transcript or otherwise reproduce the whole or any part of the report upon the written request, filed with the clerk, by either party to the action or proceeding, and when completed and within the time limited by the court for filing the transcript, shall immediately deliver the same to the party ordering it, or to the attorney of record of the party, and in the case of transcription by court reporters for such service shall be paid a reasonable compensation, not less than five dollars ($5.00) and not exceeding three dollars ($3.00) per page for originals and one dollar and fifty cents ($1.50) per page for copies thereof to be allowed by the court; and, in case the transcript is used in subsequent proceedings in the cause, the cost of the transcript may be allowed as part of the costs. In the case of electronic court recordings the person making the recordings or another person so designated by the court may be requested or ordered, in lieu of making a transcript, to reproduce the recording and certify its authenticity, and in such case each party requesting the reproduction shall pay to the court the sum of ten dollars ($10.00) per cassette.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 1979, ch. 373, § 1; P.L. 1981, ch. 129, § 1; P.L. 1990, ch. 206, § 3; P.L. 1995, ch. 95, § 2; P.L. 1999, ch. 473, § 1.

8-10-38. Judgments, decrees, and orders — Punishment for contempt.

1. Like powers are hereby conferred upon the family court as are conferred upon the superior court by the provisions of § 8-6-1 .
2. Provided, however, a justice of the family court shall notify the principal of a school that the court is ordering the placement of a juvenile in the principal’s school. The principal of the school shall have a right to be heard prior to the placement.

History of Section. P.L. 1961, ch. 73, § 1; P.L. 1992, ch. 358, § 2.

8-10-38.1. Imprisonment for contempt.

The justices of the family court or its magistrate(s) are hereby empowered, when ordering a noncomplying parent to the adult correctional institution or the women’s reformatory for contempt, to order immediate work release status for him or her.

History of Section. P.L. 1984, ch. 406, § 2; P.L. 1998, ch. 442, § 2.

8-10-39. Repealed.

History of Section. G.L., § 8-10-39 , as enacted by P.L. 1961, ch. 73, § 1; Repealed by P.L. 1969, ch. 239, § 5.

8-10-40, 8-10-41. Repealed.

History of Section. P.L. 1961, ch. 73, § 1; Repealed by P.L. 1990, ch. 203, § 2, effective July 9, 1990. For present similar provisions see chapter 14 of this title.

8-10-42. Engagement — Precedence — Retirement and powers of justices.

Those provisions of chapter 3 of this title, which relate to superior court justices, shall apply to the chief judge and associate justices of the family court and, for purposes of eligibility for retirement under § 8-3-7 as amended by chapter 2 of the public laws, 1959, service as a chief judge or associate judge of the juvenile court prior to September 1, 1961 shall be included as if the service had been on the family court.

History of Section. P.L. 1961, ch. 73, § 3.

8-10-42.1. Service after retirement.

Any justice of the family court who shall resign in accordance with the provisions of § 8-3-9 may, at his or her own consent and on request of the chief judge of the court, be assigned to perform service as an associate justice thereof. When so assigned and performing such service, he or she shall have all the powers and authority of an associate justice of the family court, but otherwise he or she shall have no such powers nor be authorized to perform any judicial duties. Such a retired justice shall not be counted in the number of judges provided by law for the family court.

History of Section. P.L. 1969, ch. 162, § 2.

8-10-43. References to family court — Powers and duties.

Wherever in any general or public law the words “juvenile court,” “judge of juvenile court,” or “chief judge of the juvenile court” shall appear, the terms shall mean and include “family court,” “justice of family court,” or “chief judge of the family court.” Wherever in any general or public law the words “domestic relations court,” “court of domestic relations,” or “judge of domestic relations court” shall appear, the terms shall mean and include “family court” or “chief judge or any associate justice of family court.” Wherever in title 15 reference is made to the superior court or the court of domestic relations, that reference shall mean and include the family court. In addition to the powers and authority specifically granted in this chapter, the justices of the family court shall have, insofar as they are applicable, the same obligations and duties as superior court justices, and in all matters within the jurisdiction of the court shall be vested with all of the prerogatives and authority of associate justices of the superior court.

History of Section. P.L. 1961, ch. 73, § 14.

8-10-43.1. Venue of criminal offenses.

The chief judge of the family court or his or her designee shall fix the venue for trial of any person accused of any criminal offense which is subject to the jurisdiction of the family court.

History of Section. P.L. 1981, ch. 345, § 1.

8-10-44. Annual appropriations.

The general assembly shall annually appropriate such sums as shall be necessary to carry out the purposes of this chapter; and the state controller is hereby authorized and directed to draw his or her order on the general treasurer for the payment of such sum, or so much thereof as may be required from time to time, upon receipt by him or her of duly authenticated vouchers approved by the chief judge of the family court.

History of Section. P.L. 1961, ch. 73, § 15.

8-10-45. Severability.

The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining provisions.

History of Section. P.L. 1961, ch. 73, § 19.

8-11-1. Assignment or motion day falling on holiday.

If any assignment day or any motion day occurs on a legal holiday, the assignment day or motion day shall be the following week day.

History of Section. C.P.A. 1905, § 265; G.L. 1909, ch. 285, § 8; G.L. 1923, ch. 335, § 8; G.L. 1938, ch. 504, § 1; G.L. 1956, § 8-11-1 .

8-11-2. Number of sessions on motion days.

The superior court shall hold so many sessions upon motion days as may be necessary for the purpose of hearing motions for new trial and other motions and for hearing interlocutory matters in equity.

History of Section. C.P.A. 1905, § 342; G.L. 1909, ch. 290, § 1; G.L. 1923, ch. 340, § 1; G.L. 1938, ch. 504, § 2; G.L. 1956, § 8-11-2 ; P.L. 1972, ch. 169, § 4.

8-11-3. Filing and notice of motions in supreme and superior courts.

All motions in the supreme or superior court shall be in writing and, except ex parte motions, shall be filed at least sixty (60) hours, exclusive of Sundays and legal holidays, before being called for hearing; and, except in ex parte motions, notice in writing shall be served upon the attorney or solicitor of record of the opposite side, or, if there is no such attorney or solicitor of record, upon the adverse party, at least forty-eight (48) hours, exclusive of Sundays and legal holidays, before being called for hearing, unless a different time for the filing and service is fixed ex parte by a justice of the court.

History of Section. C.P.A 1905, § 343; G.L. 1909, ch. 290, § 2; G.L. 1923, ch. 340, § 2; G.L. 1938, ch. 504, § 3; G.L. 1956, § 8-11-3 .

8-11-4. Docketing and calling of motions — Calendar.

All motions shall be docketed as filed, and shall be called in the order of filing, and, if not disposed of on motion day, shall be continued. A calendar shall be made up for each motion day.

History of Section. C.P.A. 1905, § 344; G.L. 1909, ch. 290, § 3; G.L. 1923, ch. 340, § 3; G.L. 1938, ch. 504, § 4; G.L. 1956, § 8-11-4 .

8-11-5. Business continued by adjournment.

All writs, actions, pleas, processes, precepts, recognizances, and other things whatsoever, returnable or having day in any court, shall stand, abide, and continue unto any adjournment made according to law and be held, deemed, and adjudged to be as effectual and available in law to all intents and purposes as if the court had been held on the day appointed for holding the court and no adjournment of the court had been made.

History of Section. C.P.A. 1905, § 263; G.L. 1909, ch. 285, § 6; G.L. 1923, ch. 335, § 6; G.L. 1938, ch. 505, § 1; G.L. 1956, § 8-11-5 .

8-11-6. Continuance of business when court fails to meet.

If from any cause any court in this state shall not be held at the time appointed by law, or to which it may have been adjourned, all business pending therein shall be proceeded with when the court next meets.

History of Section. C.P.A. 1905, § 264; G.L. 1909, ch. 285, § 7; G.L. 1923, ch. 335, § 7; G.L. 1938, ch. 505, § 2; G.L. 1956, § 8-11-6 .

8-11-7. Postponement of hearing.

Whenever provision is made for the hearing of a matter on a day certain, it may be heard then or on some future day to which the court may assign the hearing, or on which all the parties in writing may agree and to which the court may assent.

History of Section. C.P.A. 1905, § 346; G.L. 1909, ch. 290, § 5; G.L. 1923, ch. 340, § 5; G.L. 1938, ch. 505, § 3; G.L. 1956, § 8-11-7 .

8-12-1. Report of unclaimed funds in court registries.

1. The clerks of the supreme, superior, family, district, workers’ compensation courts and the traffic tribunal shall, every year during the month of July, return to the state court administrator those funds which have been on deposit in the registry of the respective court for a period of five (5) years or more as of the last business day of June of that year. A sworn statement listing all money or funds shall also be submitted.
2. The statement shall contain as to each deposit or fund:
   1. The number and title of the case and the date of the order entered on the case in accordance with which the money was paid into the registry of the court;
   2. The name and address of the person, persons, firm, or corporation who paid the money into the registry of the court so far as the name and address appears of record;
   3. The name and address of the person, persons, firm, or corporation entitled to the money in the registry so far as the name and address appear of record in the case or are otherwise known to the clerk;
   4. The amount and date of the deposit in the registry of the court and the amount including accretions from interest or otherwise at the date of the statement; and
   5. An assertion as to whether or not any claim to the deposit or fund or portion thereof is being actively prosecuted by any person and/or whether such claim has been made during the five (5) years prior to the last business day of June of that year.

History of Section. P.L. 1977, ch. 126, § 1; P.L. 1981, ch. 130, § 1; P.L. 1992, ch. 133, art. 100, § 1; P.L. 2000, ch. 452, § 1; P.L. 2010, ch. 231, § 1; P.L. 2010, ch. 238, § 1.

8-12-2. Deposit of unclaimed funds.

If, upon examination of the sworn statement required to be filed by the several clerks under the provisions of § 8-12-1 , it appears to the state court administrator that there are deposits in the registry of the supreme court, the superior court, the family court, the district court, the workers’ compensation court and/or the traffic tribunal that have been unclaimed by any person prima facie entitled to the deposits, or his or her or its representative, for a period of five (5) years preceding the last business day of June of the then current year, then all of those unclaimed deposits in the registry of the applicable court, together with any interest on the deposit, shall be paid to the general fund to be held and used by the administrator of the state courts as approved by the chief justice of the supreme court subject to being repaid to the person(s), firm(s) or corporation(s) who may subsequently establish a lawful right to the deposit as provided in § 8-12-3 .

History of Section. P.L. 1977, ch. 126, § 1; P.L. 1981, ch. 130, § 1; P.L. 1992, ch. 133, art. 100, § 1; P.L. 1997, ch. 326, §§ 9, 10; P.L. 2000, ch. 452, § 1; P.L. 2010, ch. 231, § 1; P.L. 2010, ch. 238, § 1.

8-12-3. Claim for escheated funds.

1. Any person who claims a right to money or funds paid to the general fund by the supreme court, the superior court, the family court, the district court, the workers’ compensation court and/or the traffic tribunal pursuant to § 8-12-2 , may file a complaint in the superior court within and for the county of Providence within three (3) years after the funds are deposited in the general fund. The complaint shall be subject to the superior court rules of civil procedure and shall follow the course of equity. The complaint shall be filed against the state, and service of process shall be made upon the administrator of the state courts in person or at his or her respective office with someone in charge of the office. The attorney general shall appear and represent the state in the action. The superior court shall hear the complaint, and in case the final determination of the complaint is in favor of the plaintiff, the court shall enter its judgment directing the administrator of the state courts to repay to the plaintiff so much of the fund as the plaintiff has shown himself or herself entitled to receive, together with interest at a rate not to exceed six percent (6%) per annum on that amount, together with the costs of the action as taxed, in accordance with the rules of civil procedure. The interest shall begin to accumulate on the date the sum is received by the general fund and shall cease on the earlier of fifteen (15) years following receipt or the date on which payment is made to the owner. Upon issuance of the order, the clerk shall immediately forward to the administrator of the state courts the execution based upon the judgment and including costs as taxed. The general fund will pay the amount named in the execution to the party entitled to the amount.
2. In case the action is determined in favor of the state, the determination shall operate as a final bar against the claimant or his or her or its representatives. In the event the action is decided in favor of the claimant, review may be had by the supreme court in its discretion on petition for writ of certiorari, which must be filed within twenty (20) days by the attorney general following the judgment of the superior court.

History of Section. P.L. 1977, ch. 126, § 1; P.L. 1981, ch. 130, § 1; P.L. 1992, ch. 133, art. 100, § 1; P.L. 2000, ch. 452, § 1; P.L. 2010, ch. 231, § 1; P.L. 2010, ch. 238, § 1.

8-13-1. Creation — Composition.

A judicial council is hereby created for the study of the organization of the judicial system of the state and all matters relating to the administration of the system and its several departments of service. The judicial council shall consist of six (6) members of the bar of this state, who shall be appointed by the governor.

History of Section. P.L. 1939, ch. 699, § 1; G.L. 1956, § 8-13-1 .

8-13-2. Appointment of members — Vacancies.

In the month of January in each year, the governor shall appoint two (2) persons, qualified as provided in § 8-13-1 , to succeed the members of the council whose offices shall next expire, to hold office for three (3) years and until their respective successors shall be appointed and qualified. Any vacancy that shall occur in the membership of the council shall be filled by another appointment by the governor for the remainder of the term.

History of Section. P.L. 1939, ch. 699, § 1; G.L. 1956, § 8-13-2 ; P.L. 1997, ch. 326, § 11.

8-13-3. Officers of council.

The members of the council shall annually choose from their own membership a chairperson and a secretary.

History of Section. P.L. 1939, ch. 699, § 1; G.L. 1956, § 8-13-3 .

8-13-4. Powers and duties.

The judicial council may from time to time submit for the consideration of the justices of the various courts such suggestions in regard to the judicial system of the state as it may deem advisable, and it shall report annually to the governor on or before December the fifteenth upon such matters as it desires to bring to his or her attention or to the attention of the general assembly.

History of Section. P.L. 1939, ch. 699, § 2; G.L. 1956, § 8-13-4 .

8-13-5. Compensation of secretary — Expenses of council.

The secretary of the council shall receive annually the sum of one thousand dollars ($1,000) as compensation for his or her services and the other members of the council shall serve without compensation but shall be allowed their necessary travel, clerical, and other expenses, and the general assembly shall annually appropriate such sum as it may deem necessary in carrying out the provisions of this chapter; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum, or so much thereof as may from time to time be required, upon the receipt by him or her of proper vouchers approved by the chairperson of the council.

History of Section. P.L. 1939, ch. 699, § 3; P.L. 1952, ch. 2993, § 1; G.L. 1956, § 8-13-5 .

8-14-1. Management, storage, and disposition of state court records.

There shall be created a committee within the state court system with responsibility for the management, storage, and disposition of all state court records, including inactive records. The committee shall be composed of the following members: the chief justice of the supreme court or his or her designee, the presiding justice of the superior court or his or her designee, the chief judge of the family court or his or her designee, the chief judge of the district court or his or her designee, the chief judge of the workers’ compensation court or his or her designee, the chief magistrate of the traffic tribunal or his or her designee, one clerk from each of the respective state courts as designated by the chief or presiding justice or chief judge of each state court, and the head of the state court record center or his or her designee. The committee shall meet as required to revise the state courts’ records retention policy or at the request of the state court administrator.

History of Section. P.L. 1990, ch. 203, § 4; P.L. 1997, ch. 311, § 2; P.L. 1997, ch. 313, § 1; P.L. 1998, ch. 473, § 1; P.L. 1999, ch. 218, art. 5, § 6; P.L. 2008, ch. 1, § 6.

8-14-2. Attorney records.

After a period of seven (7) years or more has lapsed since the disposition of a civil case or matter, an attorney may destroy his or her records relative to the case.

History of Section. P.L. 1990, ch. 203, § 4.

8-14-3 — 8-14-5. Repealed.

History of Section. P.L. 1957, ch. 21, §§ 3, 4; P.L. 1969, ch. 239, § 6; P.L. 1985, ch. 338, §§ 1, 2; Repealed by P.L. 1990, ch. 203, § 3, effective July 9, 1990. For present similar provisions see this chapter.

8-15-1. Unified system.

The supreme court, the superior court, the family court, the district court, the workers’ compensation court, and the traffic tribunal shall constitute a unified judicial system for purposes of administration.

History of Section. P.L. 1969, ch. 239, § 1; P.L. 1991, ch. 132, § 1; P.L. 1991, ch. 205, § 1; P.L. 1992, ch. 453, § 13; P.L. 1999, ch. 218, art. 5, § 8.

8-15-2. Executive head of system.

The chief justice of the supreme court shall be the executive head of the judicial system.

History of Section. P.L. 1969, ch. 239, § 1.

8-15-2.1. Powers of the chief justice to ensure court operations.

1. The chief justice of the supreme court may, by order, take any action necessary to ensure the continued and efficient operation of the courts of the unified judicial system. Such necessary actions may include, but are not limited to:
   1. Establishing alternative locations to conduct judicial business in the event that one or more court locations cannot be utilized;
   2. Enlarging, extending, tolling, or suspending any filing, appeal, or other applicable deadline or statute of limitation in the event of the closure or curtailment of court operations or other circumstances as is necessary, in the opinion of the chief justice, to ensure the fair administration of justice;
   3. In the event of a court closure or curtailment of court operations, suspending any judicial business that is deemed not essential by the chief justice; and
   4. Taking any other appropriate action necessary to ensure that judicial business is effectively conducted by the courts of the unified judicial system for the duration of the order.
2. Any order of the chief justice closing or curtailing the operation of any court within the unified judicial system and setting forth the necessary response(s) thereto shall specify:
   1. The nature, time period, and duration of the circumstances giving rise to the order;
   2. The court(s) and court location(s) affected by the order;
   3. The action(s) to be undertaken to redress the circumstances giving rise to the order; and
   4. Any other relevant information needed to effectively respond to the circumstances giving rise to the order and ensure the continued and efficient operation of the unified judicial system for the duration of the order.
3. The order closing or curtailing the operation of any court within the unified judicial system shall be limited to an initial duration of not more than thirty (30) days; provided, however, that the order may be modified or extended for additional periods of thirty (30) days each at the discretion of the chief justice. Any modification or extension of the initial order shall contain the same information required for the issuance of the initial order pursuant to subsection (b) of this section.
4. In the event that the office of the chief justice is vacant, or the chief justice is unable, by reason of illness or absence, to perform his or her duties, the associate justice of the supreme court having precedence who is present and qualified, as determined by §§ 8-3-2 and 8-3-3 , shall have the power to issue an order under this chapter.

History of Section. P.L. 2021, ch. 139, § 1, effective July 3, 2021; P.L. 2021, ch. 140, § 1, effective July 3, 2021.

8-15-3. Power to assign judges.

In order to aid in the prompt disposition of judicial business, the chief justice shall have power to assign a judge of any trial court to sit in any other trial courts, subject to the approval of the presiding justice or the chief judge of both the sending and the receiving courts and with the consent of the judge to be assigned; the assignment to be for a designated period which designated period shall be determined by the chief justice subject to the approval of the presiding justice or the chief judge of both the sending and receiving courts and with the consent of the judge to be assigned; provided however, that if the designated period shall expire during a trial the justice may sit until the trial is completed; and, provided further, that the justice shall have the power to sit and exercise the function of a justice of the receiving court for the purpose of rendering a decision or completing any matter pending before him or her as a justice of the receiving court at the expiration of the period. Included in these matters shall be the hearing of motions for new trials, sentencing, and any and all other functions necessary to the conclusion of cases heard before him or her as a justice of the receiving court. The provisions of this section shall be interpreted and construed liberally for the purpose of accomplishing the purpose of this section. No other judge may be assigned to another court other than as provided in this section. The chief justice may terminate the temporary assignment sooner than as agreed upon if he or she determines that the need for the assignment no longer exists.

History of Section. P.L. 1969, ch. 239, § 1; P. L. 1970, ch. 212, § 1; P.L. 2002, ch. 43, § 1; P.L. 2002, ch. 216, § 1.

8-15-3.1. Chief justice — Power to assign magistrates.

The Chief justice of the supreme court has the power to assign any magistrate of the superior court, family court, district court, or traffic tribunal to any court or tribunal of the unified judicial system with the consent of the presiding justice, chief judge, and/or chief magistrate of the relevant courts. When a magistrate is so assigned, he or she shall be vested, authorized, and empowered with all the powers belonging to the magistrates of the court to which he or she is specially assigned.

History of Section. P.L. 2000, ch. 415, § 1; P.L. 2003, ch. 197, § 1; P.L. 2003, ch. 200, § 1; P.L. 2007, ch. 73, art. 3, § 10; P.L. 2011, ch. 292, § 2.

8-15-4. Appointment of court administrator and assistants.

1. The chief justice shall appoint a court administrator and such assistants as he or she deems necessary to aid in the administration of the judicial system. The administrator and his or her assistants shall serve at the pleasure of the chief justice.
2. The court administrator shall, under the direction of the chief justice, prepare an annual budget for the judicial system and submit the budget to the department of administration and perform all other necessary functions relating to the administration of the courts thereof.
3. It shall be the responsibility of the court administrator, under the direction of the chief justice, to act upon all administrative matters affecting the operation of the judiciary, including, but not limited to:
   1. The preparation of the judicial payrolls;
   2. The control of judicial appropriations for all state courts, except those as provided otherwise by law;
   3. The procuring of office space, supplies, equipment, and professional and technical assistants for the judiciary; and
4. The court administrator, with the written approval of the chief justice, is authorized and empowered to adopt any rules and regulations that are deemed necessary to accomplish the purposes of this section, a copy of which rules and regulations shall be filed with the secretary of state and available for public inspection. In the formation of these rules and regulations, the judiciary shall take into consideration and conform to, where practicable, existing policies governing financial and personnel practices within the executive branch of government.
5. The court administrator shall, under the direction of the chief justice, assume control of and supervise the maintenance and repair of all buildings housing the supreme and several inferior courts of justice throughout the state of Rhode Island. The general assembly shall appropriate sufficient amounts in the court budget to enable the court administrator to implement the provisions of this section.
6. The preparation of the annual budget for the judiciary and all state courts including salaries.

History of Section. P.L. 1969, ch. 239, § 1; P.L. 1995, ch. 178, § 1; P.L. 2004, ch. 125, § 1; P.L. 2004, ch. 362, § 1; P.L. 2004, ch. 595, art. 45, § 1.

8-15-4.1. Deposit of proceeds.

The state court administrator may receive the proceeds of any contract entered into by him or her for the sale, lease, or transfer of any computer hardware, software, or related services produced, maintained, or developed by the administrative office of state courts. Such proceeds shall be deposited as general revenues.

History of Section. P.L. 1983, ch. 270, § 1; P.L. 1995, ch. 370, art. 40, § 39.

8-15-5. Advisory board.

The chief justice shall appoint an advisory board to consult with him or her on administrative matters. The board shall include the four (4) associate justices of the supreme court, the presiding justice of the superior court, the chief judge of the family court, the chief judge of the district court, and the chief judge of the workers’ compensation court.

History of Section. P.L. 1969, ch. 239, § 1; P.L. 1991, ch. 132, § 1; P.L. 1991, ch. 205, § 1; P.L. 1992, ch. 453, § 13; P.L. 1995, ch. 176, § 1; P.L. 1999, ch. 218, art. 5, § 8.

8-15-6. Internal administration of courts not affected.

The presiding judge of the superior court, the chief judge of the family court, the chief judge of the district court, the chief judge of the workers’ compensation court, and the chief magistrate of the traffic tribunal shall have the power to administer the affairs of their respective courts; to establish calendars and to assign magistrates and judges to those calendars; to appoint administrative and clerical personnel for their courts; to act as authorized agent for their court; and to make rules for the conduct of their business, not inconsistent with the rules promulgated for the courts pursuant to § 8-6-2 .

History of Section. P.L. 1969, ch. 239, § 1; P.L. 1995, ch. 176, § 1; P.L. 1999, ch. 218, art. 5, § 8; P.L. 2004, ch. 595, art. 45, § 5; P.L. 2008, ch. 1, § 7.

8-15-7. Annual report of the judiciary.

Under the direction of the chief justice, the court administrator appointed pursuant to § 8-15-4 shall prepare annually a report to the legislature, which report shall contain appropriate statistics bearing on the condition of the dockets of state courts and such other information as may reflect the administration of the state court system. This information shall be furnished on forms provided by the state court administrator.

History of Section. P.L. 1975, ch. 247, § 1.

8-15-8. Repealed.

History of Section. P.L. 1978, ch. 191, § 1; P.L. 1980, ch. 250, § 1; P.L. 1987, ch. 293, § 4; Repealed by P.L. 2006, ch. 366, § 2; P.L. 2006, ch. 476, § 2. The repeal was contingent on approval of an amendment to Article 2, § 1 of the Rhode Island Constitution, which was approved at the general election on November 7, 2006.

8-15-9. Supervision of court imposed and court related costs, fines, restitution, and other payments, deposits, and receipts.

Within the administrative office of the state courts there shall be a finance section. The director of the finance section shall be appointed by the chief justice of the supreme court, and approved by a majority vote of the advisory board. The director of the finance section shall monitor the handling, collection, receipt, and disbursement of all court imposed or court related fees, fines, costs, assessments, charges, and other monetary payments, deposits, and receipts, including, but not limited to, filing fees, court costs and fees, bail, fines, judgments, awards, restitution payments, registry of court accounts, restricted receipts accounts, child support and other support orders, and court stenographers’ accounts. The director shall be responsible for all bookkeeping and accounting of money collected or received by the clerks of the various state courts including, but not limited to, §§ 8-4-8 , 8-8-16 , 8-8-17 , 8-8.2-3 and 8-10-10 . The director shall formulate and publish a policy which shall standardize the procedures for the handling, collection, receipt, and disbursement of court imposed or court related monetary payments, deposits, and receipts. The court may require all persons who enter into a payment plan for the payment of court imposed or court related fees, fines, court costs, assessments, charges and/or any other monetary obligations to provide a valid social security number, valid driver’s license number, and date of birth at the time they enter into said payment plan. Provided, however, social security numbers and driver’s license numbers shall not be part of the public record and shall be used for collection purposes only.

History of Section. P.L. 1988, ch. 129, art. 25, § 6; P.L. 1995, ch. 176, § 1; P.L. 1999, ch. 218, art. 5, § 8; P.L. 2005, ch. 117, art. 25, § 2; P.L. 2007, ch. 154, § 2; P.L. 2007, ch. 160, § 2; P.L. 2009, ch. 294, § 4.

8-15-9.1. Payment by credit card.

1. The director of the finance section of the state courts shall establish procedures, in conjunction with the state controller and general treasurer, by which court imposed fines and costs may be paid by credit card presented at the offices of the court clerks. These procedures may include the imposition of a surcharge on the credit card user for each transaction. This surcharge shall not exceed the amount charged to the state by the credit card contractor for the corresponding transaction. Nothing contained in this section shall require justices of the peace acting as bail commissioners to accept credit cards during the hours when the clerk’s offices are closed.
2. No person making any payment by credit card shall be relieved from liability for the underlying obligation except to the extent that the state realizes final payment of the underlying obligation in cash or the equivalent. If final payment is not made by the credit card issuer or other guarantor of payment in the credit card transaction, then the underlying obligation shall survive and the state shall retain all remedies for enforcement which would have applied if the credit card transaction had not occurred. No contract may modify the provisions of this subsection.
3. Credit card account numbers in the possession of a state or local government are confidential and shall not be deemed public records.

History of Section. P.L. 2002, ch. 65, art. 13, § 28.

8-15-9.2. Information to be provided to State Controller.

Each quarter the director of finance shall remit to the state controller within the department of administration data that would be necessary to enhance efforts to collect unpaid court imposed or court related fees, fines, court costs, assessments, charges and/or any other monetary obligations due and owing to the state which have been outstanding for a period of at least ninety (90) days from the date the amount was due and are not the subject of a court-ordered payment plan in good standing, or are not the subject of an appeal. This data shall include the social security numbers, valid driver’s license number, and date of birth, of the persons owing the outstanding amounts, if available. Provided, however, social security numbers and driver’s license numbers shall not be part of the public record and shall be used for collection purposes only.

History of Section. P.L. 2005, ch. 117, art. 25, § 3; P.L. 2007, ch. 154, § 2; P.L. 2007, ch. 160, § 2.

8-15-9.3. Public inspection of court payments owed.

1. Notwithstanding any other provision of law, the director of the finance section on a quarterly basis shall prepare a list of the one hundred (100) delinquent persons who owe the largest amount of court-imposed or court-related fees, fines, court costs, assessments, charges, and/or any other monetary obligations due and owing to the state that have been unpaid for a period in excess of ninety (90) days from the date that any such amounts were due and are not the subject of a court-ordered payment plan in good standing. (The above fees are hereinafter referred to as “overdue court fees.”) The list shall contain the name, city or town, and state of each person who owes overdue court fees as of the end of the quarter, together with the total amount owed, and the date of disposition. No person owing overdue court fees shall be included on such list if the underlying matter in which overdue court fees were imposed, or the amount of the fees, is the subject of an appeal.
2. [Deleted by P.L. 2016, ch. 35, § 1 and P.L. 2016, ch. 36, § 1].
3. Any such list prepared by the director of finance shall be available to the public for inspection and shall be published on the website that is maintained by the courts; provided, however, that any such list prepared by the director shall not include any individual’s social security number or driver’s license number.

History of Section. P.L. 2005, ch. 117, art. 25, § 3; P.L. 2007, ch. 154, § 2; P.L. 2007, ch. 160, § 2; P.L. 2016, ch. 35, § 1; P.L. 2016, ch. 36, § 1; P.L. 2017, ch. 65, § 1; P.L. 2017, ch. 70, § 1.

8-15-10. Receipt and use of funds.

There is hereby established in the judicial department a restricted receipt account referred to as “Third Party Grants.” The judicial department shall have the authority to receive and expend monies from gifts, devises, grants, bequests, or donations. The judicial department is authorized to enter into any contracts necessary to obtain and expend those funds.

History of Section. P.L. 2013, ch. 144, art. 16, § 2.

8-15-11. Electronic filing and online payments.

1. In addition to any other filing fees or court costs required by law or court rule, parties to any court matter may be required to pay a technology surcharge or fee not to exceed twenty-five dollars ($25.00) at the inception or the conclusion of any case, or upon making any electronic payment online to any of the courts within the unified judicial system. Such surcharges or fees shall be determined by the state court administrator with the approval of the chief justice.
2. The collection of technology surcharges shall be monitored and supervised by the judiciary’s director of finance and shall be deposited into a restricted receipt account designated as “Rhode Island judiciary technology surcharge account,” the proceeds of which shall be solely for use by the judiciary in support of its technology infrastructure and case management system. On or before January 15, 2015, and annually thereafter on or before January 15, the judiciary’s director of finance shall file a report with the governor, the speaker of the house, and the president of the senate detailing: (1) The total amount of funds collected and deposited into the judiciary technology surcharge account for the most recently completed fiscal year; (2) The fund balance as of the date of the report; (3) An itemization of all expenditures and other uses of said funds from said account for the most recently completed fiscal year; and (4) An annual evaluation as to the appropriateness of the amount of the technology surcharge or fee.
3. The implementation of electronic court records shall not alter the application of § 38-2-5 to any judicial records, whether in paper or electronic format.

History of Section. P.L. 2014, ch. 34, § 1; P.L. 2014, ch. 42, § 1.

8-16-1. Composition — Appointment.

1. There is hereby created a commission to be known as the commission on judicial tenure and discipline, hereinafter referred to as the commission. The commission shall consist of sixteen (16) members: three (3) of whom shall be appointed by the governor with the advice and consent of the senate, none of whom need be attorneys; three (3) of whom shall be appointed by the governor from a list of attorneys provided by the Rhode Island bar association with the advice and consent of the senate, that list of attorneys to include five (5) names for each member to be appointed by the governor; one attorney or public member to be appointed by the speaker of the house of representatives, one attorney or public member who shall be appointed by the house minority leader, one attorney or public member to be appointed by the president of the senate; and one attorney or public member to be appointed by the senate minority leader; six (6) members of the judiciary appointed by the supreme court, one each from the superior, family, district, workers’ compensation courts, traffic tribunal and one at large member from any of the aforementioned courts shall be chairperson.
2. No member of the commission, except the appointed members of the judiciary, shall, while serving as a member thereof, hold any public office, or be in the employ of the state of Rhode Island.
3. The chairperson of the commission shall direct the performance of such administrative duties as may be required for the effective discharge of the obligations herein made incumbent upon the commission.

History of Section. P.L. 1974, ch. 136, § 1; P.L. 1983, c. 26, § 1; P.L. 1990, ch. 332, art. 1, § 13; P.L. 1991, ch. 132, § 2; P.L. 1991, ch. 205, § 2; P.L. 2001, ch. 180, § 5; P.L. 2007, ch. 124, § 1; P.L. 2007, ch. 178, § 1; P.L. 2011, ch. 115, § 1; P.L. 2011, ch. 121, § 1.

8-16-2. Terms of the commissioners.

Except as otherwise provided, the members of the commission shall serve for terms of three (3) years; provided, however, that the initial appointments shall be so staggered that one of each class of members so appointed shall serve for a term of one year, one for two (2) years, and one for three (3) years. The appointment by the supreme court of the member of the judiciary at large shall be for a term of three (3) years. No member shall be eligible for reappointment to another term if he or she has served more than six (6) consecutive years. Vacancies other than those arising through the expiration of a term shall be filled for the unexpired portion of the term in the same manner as vacancies due to the expiration of the term.

History of Section. P.L. 1974, ch. 136, § 1; P.L. 2011, ch. 62, § 1; P.L. 2011, ch. 94, § 1.

8-16-3. Meetings of the commission — Compensation.

1. The commission shall meet at such times and places as are necessary to discharge the duties made incumbent upon it under the provisions of this chapter. It shall meet at least once a year in the month of May and shall make an annual report of expenditures to the governor. Nine (9) members shall constitute a quorum of the commission and determinations shall be made by a majority vote of those present, except that recommendations to the supreme court shall be made by an affirmative vote of at least nine (9) members of the commission.
2. All commissioners shall serve without compensation; provided, however, that while away from their homes or regular places of employment and engaged in carrying out their duties as members of the commission, they shall be allowed travel expenses, including meals and lodging, that are authorized by law for persons in the service of this state.

History of Section. P.L. 1974, ch. 136, § 1; P.L. 1983, ch. 319, § 1; P.L. 2012, ch. 63, § 1; P.L. 2012, ch. 171, § 1.

8-16-4. Employment of personnel — Investigation of unfitness.

1. The commission is empowered hereby to engage the services of legal, secretarial, clerical, and investigative employees and to make such other expenditures as are necessary for the effective performance of its functions.
2. The commission, upon receiving from any person a verified statement, not unfounded or frivolous, alleging facts indicating that a justice of the supreme court, the superior court, the family court, the district court, the workers’ compensation court, or the traffic tribunal, or a probate judge in any city or town in the state is guilty of a violation of the canons of judicial ethics, or of willful or persistent failure to perform his or her duties, disabling addiction to alcoholic beverages, drugs, or narcotics, or conduct that brings the judicial office into serious disrepute, or that such a judge has a physical or mental disability that seriously interferes and will continue to interfere with the performance of his or her duties, shall make a preliminary investigation to determine whether formal proceedings shall be instituted and a hearing held. The commission may, on its initiative, make a preliminary investigation, without receiving a verified statement, to determine whether formal proceedings shall be instituted and a public hearing held.
3. If the preliminary investigation discloses that a charge of judicial unfitness of the kind mentioned in this section is supported by substantial evidence, it shall direct that a public hearing thereon be held, and the judge shall be notified of the investigation, the nature of the charge, and the time and place set for a hearing thereon. The judge shall have the right to counsel and to confront witnesses against him or her and shall be afforded a reasonable opportunity to present such matters in defense as he or she may choose. The notice shall be given by prepaid registered or certified mail addressed to the judge at his or her chambers or his or her last known place of residence. The judge shall file a written answer to the charges within twenty (20) days after the notice has been served upon him or her. Allegations contained in the notice that are not denied in the answer shall be deemed admitted. The notice and the answer shall be public documents. The judge shall attend the public hearing without the necessity of a subpoena being served upon him or her; and, if he or she is called as a witness by the commission at the public hearing, he or she shall take the witness stand and shall testify in the same manner as if under subpoena.
4. If the preliminary investigation discloses that there exists a violation of the canons of judicial ethics and that violation is not one of a serious nature, the commission may in its discretion issue a private reprimand to the judge. The private reprimand shall caution the judge that the conduct complained of, if continued, may be the cause for discipline. The private reprimand shall include a statement of the facts found by the commission, as a result of the preliminary investigation, and may issue confidential suggestions and recommendations with respect to the judge. Any judge issued a private reprimand shall have the right to appeal the private reprimand within ten (10) days and request a hearing before the commission with the same rights accorded by this section; provided, however, that the hearing shall not be open to the public, and all evidence and proceedings relating to the private reprimand shall be kept confidential.
5. Upon completion of the hearings, the commission may dismiss the case on the ground of insufficiency of proof or may recommend to the supreme court the censure, suspension, immediate temporary suspension, reprimand, retirement, or removal from office of the judge under investigation; provided, however, that the recommendation for the removal of a justice of the supreme court shall be subject to the provisions of § 8-16-7(b) . For the purposes of this chapter, wherever the word “judge” appears, it shall be construed to include probate judges in the cities and towns of this state.
6. The commission shall have the same authority to temporarily exclude all spectators from the public hearing as is possessed by justices of the superior court in criminal cases.

History of Section. P.L. 1974, ch. 136, § 1; P.L. 1976, ch. 312, § 1; P.L. 1981, ch. 257, § 1; P.L. 1982, ch. 32, art. 2, § 2; P.L. 1987, ch. 99, § 2; P.L. 1987, ch. 492, § 1; P.L. 1990, ch. 332, art. 1, § 13; P.L. 1991, ch. 132, § 2; P.L. 1991, ch. 205, § 2; P.L. 1996, ch. 312, § 1; P.L. 2007, ch. 334, § 1; P.L. 2007, ch. 402, § 1.