Chapter 11.5 - COURTS—MUNICIPAL AND PROBATE

Sec. 11.5-1. - Established.#

Pursuant to G.L. 1956, § 45-2-26, there is established a municipal court in the town.

(Code 1970, § 11.5-1; Res. of 6-7-1988, § 1)

Sec. 11.5-2. - Appointment, term, qualifications of municipal court judge.#

(a)

Said court shall be composed of one judge appointed by the town council. Said judge shall serve until his/her successor shall be duly appointed, as aforesaid.

(b)

The term of appointment for the judge shall be five (5) years, commencing upon appointment.

(c)

The judge shall be a lawyer in good standing admitted to practice before the state supreme court, shall have not less than five (5) years' experience in the active practice of law.

(d)

The judge is required to have legal malpractice insurance.

(Code 1970, § 11.5-2; Res. of 6-7-1988, § 1; Ord. No. 2023-24, 10-17-2023)

Sec. 11.5-3. - Assistant municipal court judge.#

(a)

The appointed municipal court judge is authorized to select a specific member of his/her law firm to act as an assistant municipal court judge, subject to the approval of the town council and meeting all qualifications as provided below:

(1)

The candidate shall be an attorney, in good standing, licensed in the state for a period of at least five (5) years.

(2)

The candidate must be a member of the municipal court judge's law firm.

(3

The candidate shall not be compensated in any form for the services performed as the assistant municipal court judge.

(4)

The candidate shall not be considered an employee nor independent contractor of the town.

(5)

The candidate can only serve in the position of assistant municipal court judge for the term of the appointed sitting municipal court judge.

(6)

The selection of the candidate to this position shall terminate immediately upon the conclusion of the appointed, sitting municipal court judge's term.

(7)

The candidate is required to have legal malpractice insurance.

(b)

The assistant municipal court judge shall be able to preside when the appointed municipal court judge is incapacitated or cannot preside over any municipal court docket.

(Code 1970, § 11.5-2.2; Ord. No. 2016-1, 3-15-2016; Ord. No. 2023-24, 10-17-2023)

Sec. 11.5-4. - Acting judge.#

The judge of the probate court shall perform the duties of the municipal court judge in case of sickness, absence from the state, or other disability or ineligibility of said municipal court judge. The acts of said probate judge in the performance of said duties shall have the same effect as if performed by said municipal court judge.

(Code 1970, § 11.5-2.5; Res. of 6-7-1988, § 1)

Sec. 11.5-5. - Witnesses; attendance; subpoenas.#

Said 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. Said court may also issue writs of habeas corpus ad testificandum upon continuance of any complaint or proceeding before it; may take recognizance to the state with surety in such sum as said court shall think proper with condition to appear before said 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 institution until such recognizance shall be given or the parties lawfully discharged therefrom.

(Code 1970, § 11.5-3; Res. of 6-7-1988, § 1)

Sec. 11.5-5.1. - Service of process.#

Service of process on any person or business entity of any kind for any summons, complaint or other court related document shall be made by delivering a copy to the person or business entity to be served by: (1)

Handing it to the person or registered agent of any business entity, or

(2)

Leaving it at the person's place of work with a clerk or other person in charge, or

(3)

Leaving it at the person's dwelling house or usual place of abode, or

(4)

Mailing a copy to the last known address of the person to be served. Service to be complete upon mailing, or

(5)

Mailing a copy to the registered agent of a business entity at the address of the registered agent on file with the Rhode Island Secretary of State. Service to be complete upon mailing.

An affidavit of service indicating which service method was utilized shall be completed by the building official or his/her designee and filed with the municipal court.

(Ord. No. 2024-23, 12-17-2024)

Editor's note— Ord. No. 2024-23, adopted Dec. 17, 2024, set out provisions intended for use as 11.5-5.5.1. For purposes of clarity and at the editor's discretion, these provisions have been included as 11.5-5.1.

Sec. 11.5-6. - Municipal court clerk; appointment and duties.#

(a)

The town clerk or his designee shall act as clerk of the municipal court.

(b)

The clerk of the court shall keep a regular docket of all cases disposed of, shall record the judgments, orders and sentences of said court, and shall furnish certified copies thereof when required, for which copies said clerk shall charge the same fees as are by law allowed to clerks of the superior court. The court clerk's office shall be open to the public during such hours as the court shall determine.

(c)

Nothing contained herein shall prohibit the police department or the town council from providing the secretarial and administrative assistance necessary for the court to perform its duties and responsibilities.

(d)

In the event the town clerk and/or his designee are unable to perform the duties of clerk of the court, the town council may, in the absence of a duly appointed clerk of said court, appoint a clerk pro tem who shall be a qualified elector of the town.

(Code 1970, § 11.5-4; Res. of 6-7-1988, § 1; Res. of 9-13-1988; Ord. No. 96-06, 6-3-1997)

Sec. 11.5-7. - Seal; oaths.#

(a)

The municipal court shall have a seal which shall contain such words and devices as the town council shall adopt and approve.

(b)

The judge and the municipal court clerk shall have the power to administer oaths and affirmations.

(Code 1970, § 11.5-5; Res. of 6-7-1988, § 1)

Sec. 11.5-8. - Sessions; time; place.#

The municipal court shall be considered to be in session at all times and at such places in the town as the said court or justice holding the same shall appoint.

(Code 1970, § 11.5-6; Res. of 6-7-1988, § 1)

Sec. 11.5-9. - Jurisdiction.#

(a)

The town 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 et seq., entitled "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 said minimum housing ordinances or G.L. 1956, ch. 45-24.3, within the jurisdiction of the court, may, within seven days of such conviction, file an appeal from said conviction to the county superior court and be entitled in the latter court to a trial de novo; provided, however, that any defendant found guilty of any violation of a minimum housing ordinance or of said G.L. 1956, § 45-24.3-1 et seq. may, within seven days of such conviction, file an appeal from said conviction to the third division of the district court and be entitled to 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 either municipal ordinances dealing with minimum housing or G.L. 1956, § 45-24.3-1 et seq. dealing with housing maintenance and occupancy, the town council hereby confers upon said municipal court, in furtherance of the aforementioned jurisdiction, the power to proceed according to equity:

(1)

To restrain, prevent, enjoin, abate or correct a violation;

(2)

To order the repair, vacation or demolition of any dwelling existing in violation;

(3)

To otherwise compel compliance with all provisions of said ordinances and statutes;

(4)

To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property which shall be binding upon all those claiming by, through, under, or by virtue of any inferior liens or encumbrances pursuant to G.L. 1956, § 34-44-1 et seq.

(Code 1970, § 11.5-7; Res. of 6-7-1988, § 1; Ord. No. 2015-18, 1-19-2016)

Sec. 11.5-10. - State and municipal court compact.#

The jurisdictional responsibility of the municipal court shall be in accordance with the provisions of G.L. 1956, ch. 8-18, State and Municipal Court Compact.

Sec. 11.5-11. - Fines, penalties, imprisonment.#

(a)

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.

(b)

All fines and penalties imposed by the municipal court may be paid to the clerk of the court, the town clerk or the police department by mail or in person.

(Code 1970, § 11.5-8; Res. of 6-7-1988, § 1; Ord. of 12-5-1989; Ord. No. 96-06, 6-3-1997)

Sec. 11.5-12. - Complaints; warrants; writs.#

It shall be lawful for the judge of said 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 said court; and 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; and they may be served by any police officer or other authorized process server of the town who is authorized to serve process in civil or criminal cases.

(Code 1970, § 11.5-9; Res. of 6-7-1988, § 1)

Sec. 11.5-13. - Costs.#

Costs taxed by the municipal court shall be in accordance with the provisions of G.L. 1956, § 8-18-4(g) and the payment of said costs shall be a part of the sentence to the extent that they would be in district courts. All payments shall be deposited in the general treasury of the town.

(Code 1970, § 11.5-10; Res. of 6-7-1988, § 1)

Sec. 11.5-14. - Charter provisions.#

The provisions of the town Charter shall apply to the municipal court to the extent that such provisions are not inconsistent with this chapter. To the extent that such provisions are inconsistent, the provisions of this chapter shall control.

(Code 1970, § 11.5-11; Res. of 6-7-1988, § 1)

Sec. 11.5-15. - Compensation of municipal judge and clerk.#

(a)

The compensation and/or benefits of the judge of the municipal court and/or the clerk of the municipal court shall be set by the town council, through ordinances of the town council, as it shall deem appropriate and necessary.

(b)

The compensation and/or benefits of the judge of the municipal court and/or the clerk of the municipal court may be increased and/or otherwise adjusted by ordinance of the town council as it shall deem appropriate and necessary.

(Code 1970, § 11.5-12; Res. of 6-7-1988, § 1; Ord. of 10-5-1993; Res. No. 97-49, 2-18-1997)

Sec. 11.5-16. - Compensation of probate judge.#

(a)

The compensation for the judge of the probate court shall be set by the town council through ordinances.

(b)

The judge of the probate court for the town shall receive an annual salary in the sum of $5,000.00, without benefits.

(c)

The compensation of the judge of the probate court may be increased and/or otherwise adjusted by the town council as from time to time it shall deem appropriate and necessary.

(Code 1970, § 2-201; Res. No. 97-86, § 1, 4-1-1997)