meeting in January and terminate on
December 31 of the even-numbered years. A judge shall hold office until his or
her successor is appointed and qualified.
(c) The Municipal Judge shall be an
attorney-at-law in good standing who has been admitted to the practice of law in
this State at least five (5) years prior to his/her appointment.
§60-3. Witnesses; attendance; subpoenas.
The court shall have the power to issue writs or
summonses for witnesses, and compel their attendance, and to punish for contempt
by fine or imprisonment. The court may also issue writs of habeas corpus and
testificandum, upon continuance of any complaint or proceeding before it, may
take recognizance to the state, with sureties in such sum as the court shall
deem proper, with the condition to appear before the court and make further
answer to such complaint or proceeding, and in the meantime to keep the peace,
and, in want thereof, may commit the same to the state adult correctional
institutions until such recognizance shall be given, or the parties lawfully
discharged therefrom.
§60-4. Municipal court clerk; appointment and
duties.
(a) The Town Council shall appoint a clerk of the
municipal court.
(b) The term of the appointment for clerk shall
be made in the same manner and shall be concurrent with the term of office of
the judge. The initial term of appointment shall terminate December 31, 2010.
Each subsequent appointment shall terminate on December 31 of the even-numbered
years.
(c) The clerk of court shall keep a regular
docket of all cases disposed of; shall record the judgments, orders, and
sentences of the court; and shall furnish certified copies of such documents
when required, for which copies the clerk shall charge the same fees as are by
law allowed to clerks of the superior court. The clerk shall keep the office
open to the public during such hours as the court shall determine, and shall
also serve as magistrate and bail commissioner, setting bail for defendant until
the court is in session.
(d) Nothing contained in this section shall
prohibit the town administration from providing the secretarial and
administrative assistance necessary for the court to perform its duties and
responsibilities.
(e) Nothing contained in this section shall
prohibit the town clerk from also becoming the municipal court clerk.
§60-5. Seal; oaths.
(a) The municipal court shall have a seal which
shall contain such words and device as the council shall adopt and approve.
(b) The judge and the municipal court clerk shall
have the power to administer oaths and affirmations.
§60-6. Sessions; time; place; and autonomy.
The municipal court shall be considered to be in
session at all times and at such place or places in the town as the municipal
court or judge holding municipal court shall determine subject to the provisions
however that regular court sessions shall be held at such times and places as
determined by the town council. With the exception of designating the regular
location, dates and times of court sessions, the affairs of the municipal court
shall not be subject to supervision by the town council or any other town agency
official.
§60-7. Jurisdiction.
(a) The council hereby confers on the municipal
court original jurisdiction to hear and determine causes involving violations
of:
(1) Any ordinance of the town.
(2) Minimum housing ordinances, including any
violation of G.L. 1956, § 45-24.3-1, the Rhode Island Housing, Maintenance and
Occupancy Code.
(3) Any other jurisdiction conferred by state
law.
(b) Any defendant found guilty of any offense,
excluding violations of the minimum housing ordinances, or G.L. 1956, §
45-24.3-1 et seq., may within seven days of such conviction file an appeal from
such conviction to the superior court and be entitled in the latter court to a
trial de novo; and provided further, however, that any defendant found guilty of
any violation of a minimum housing ordinance, or of G.L. 1956, § 45-24.3-1 et
seq. within seven days of such conviction file an appeal from such conviction to
the Sixth Division of the District Court and be entitled to a trial de novo in
accordance with G.L. 1956, §§ 8-8-3(a)(4) and 8-8-3.2.
(c) With respect to violations of municipal
ordinances dealing with minimum housing, or G.L. 1956, § 45-24.3-1 et seq., the
council hereby confers upon the municipal court, in furtherance of such
jurisdiction, the power to proceed according to equity to:
(1) Restrain, prevent, enjoin, abate, or correct
a violation;
(2) Order the repair, vacating, or demolition of
any dwelling existing in violation; or
(3) Otherwise compel compliance with all
provisions of such ordinances and statutes.
§60-8. Fines; penalties; imprisonment.
The municipal court may impose a sentence not to
exceed 30 days in jail and impose a fine not in excess of $500.00, or both, and
shall be empowered to punish persons for contempt.
§60-9. Complaints; warrants; writs.
It shall be lawful for the judge of the court to
prescribe and vary the form of all complaints, warrants, writs, or other process
as to make the same consistent with the organization, style, and jurisdiction of
the court. Such complaints, warrants, writs, and other process shall have the
same effect, validity, and extent, and be served, obeyed, enforced, and
returned, in the same manner and by the same officers, as if issued from the
district courts. They may be served by any constables of the town who are
authorized to serve process in civil or criminal cases.
§60-10. Costs.
(a) The municipal court shall be authorized to
impose court costs in the amount which shall be set by the council by
resolution, and the payment of such costs shall be a part of the sentence.
(b) All payments shall be deposited in the
general treasury of the town, and the treasurer shall remit to the state those
assessments required by the General Laws.
§60-11. Compensation of municipal court judge and
municipal court clerk.
(a) The compensation of the judge of the
municipal court shall be set by the council.
(b) The compensation of the clerk of the
municipal court shall be set by the council.
§60-12. Acting judge and acting clerk.
(a) In cases of sickness, absence, or other
disability or ineligibility of the municipal court judge or the municipal court
clerk that shall be less than 14 days, the judge may appoint an acting judge,
and the clerk may appoint an acting clerk, at the same compensation, or at such
salary as the council may determine, for the term of such sickness, absence,
disability, or ineligibility of the judge or clerk.
(b) An acting municipal court judge or acting
municipal clerk shall perform all duties of the municipal court judge or
municipal court clerk, respectively.
(c) In case of a prolonged sickness, absence, or
other disability or ineligibility of the municipal court judge or the municipal
court clerk that shall be in excess of 14 days, the council may appoint an
acting municipal court judge or an acting municipal court clerk, respectively,
for the term of such sickness, absence, disability, or ineligibility of the
municipal court judge or municipal court clerk, respectively, at the same
compensation or at such salary as the council may determine. The actions of an
acting municipal court judge or municipal court clerk, respectively, in the
performance of their duties, shall have the same effect as if performed by the
municipal court judge or municipal court clerk, respectively.
