Title 19-Municipal Court
Chapter 19.010-Municipal court established.
Pursuant to Rhode Island General Laws Section 45-2-63, there is established a municipal court in the Town of Richmond.
19.020 Appointment, term and qualifications of judge of the municipal court.
A. The court shall be composed of one Judge, appointed by the Town Council. The Judge shall serve until his or her successor shall be duly appointed.
B. The term of the appointment for the Judge shall be one year, to begin when the Town Council appoints the first Judge. Thereafter, said Judge shall be appointed the first Monday in January of each and every calendar year.
C. The municipal court Judge shall be a lawyer admitted to practice before the Supreme Court of the state of Rhode Island, in good standing, and shall have not less than seven years of experience in the active practice of law.
19.030 Witnesses, attendance and 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. 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 or sureties in such sum as said court shall deem proper, with the 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 Institutions until such recognizance shall be given, or the parties lawfully discharged therefrom.
19.040 Municipal court clerk—Appointment and duties.
A. Appointment, Term, Qualifications of Clerk of the Municipal Court.
1. The Town Council shall appoint the clerk of the Richmond Municipal Court.
2. The term of appointment for the municipal court clerk shall be two years, to begin when the Town Council appoints the first clerk. Thereafter, said clerk shall be appointed the first Monday in January.
B. Selection of the Municipal Court Clerk.
1. The Richmond municipal court clerk shall be appointed by the Richmond Town Council.
C. Powers and Duties of the Richmond Municipal Court Clerk. The Richmond Municipal Court Clerk shall have the following powers and duties:
1. 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 allowed to clerk of the superior court. He or she shall keep his or her office open to the public during such hours as the Town Council shall determine.
2. Said clerk shall have the responsibility for all administrative and operational functions required for support of the judicial functions. Said clerk shall be responsible for all fiscal and budget matters for the court, including adoption of procedural controls for court transactions. Said clerk shall be responsible for supervising, training, evaluating and disciplining subordinate staff, if any. The clerk shall oversee the scheduling and assignment of municipal court personnel, if any. The clerk shall serve as the liaison between the Richmond Municipal Court and the Rhode Island Traffic Tribunal.
D. Severability. If for any reason any provision of this section shall hereafter be declared unconstitutional or unenforceable by any court or proper jurisdiction, all other provisions of this section shall remain in full force and effect.
19.050 Seal—Oaths.
A. The Municipal Court shall have a seal which shall contain such words and device 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.
19.060 Sessions—Time—Place.
The Municipal Court shall be considered to be in session at all times, and at such place or places in the Town as the Town Council shall determine; which schedule shall be created by the Town Council.
19.070 Jurisdiction.
The Town Council confers on the municipal court original jurisdiction to hear and determine causes involving violations of:
A. Any ordinance of the Town;
B. Minimum housing ordinances; and
C. Any other jurisdiction conferred by state law.
Provided, however, that any defendant found guilty of any offense, excluding violations of said minimum housing ordinances, may, within seven days of such conviction, file an appeal from said 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 may, within seven days of such conviction, file an appeal from said conviction to the district court and be entitled to a trial de novo in accordance with §8-8-3(a)(4) and 8-8-3.2.
With respect to violations of municipal ordinances dealing with minimum housing, the Town Council confers upon said municipal court, in furtherance of the aforementioned jurisdiction, the power to proceed according to equity:
A. To restrain, prevent, enjoin, abate, or correct a violation;
B. To order the repair, vacating, or demolition of any dwelling existing in violation; or
C. To otherwise compel compliance with all provisions of said ordinances and statutes.
19.080 Fines—Penalties—Imprisonment.
Said municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500.00) or both, and shall be empowered to punish persons for contempt. In zoning and minimum housing violations, fines shall start to accrue thirty (30) days after the issuance of the first violation notice for each and every day the violation continues unabated, if the violation is not corrected within the thirty (30) days. In cases where the alleged violation constitutes a danger to the public health, safety or welfare, or it is alleged by the city that the violation constitutes an unpermitted use under the Richmond Zoning Ordinances, the court shall be required to impose a fine of not less than one-half of the total accrued fines for said violator.
19.090 Complaints—Warrants—Writs.
It is 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 constables of the Town who are authorized to serve process in civil or criminal cases, including, but not limited to, law enforcement officers of the Town of Richmond.
19.100 Costs.
A. The Municipal Court shall be authorized to impose court costs for each violation in an amount equal to the court costs imposed by the Rhode Island Traffic Tribunal. Further, the municipal court shall be authorized to impose additional court costs in the amount of four dollars for each violation. The payment of said costs, shall be part of the sentence.
The Clerk is authorized to add and assess any credit charge, debit card, and/or eft transfer charges incurred by the Town to the Defendant.
B. All payments shall be deposited in the general treasury of the Town.
19.110 Charter provisions.
The provisions of the Town charter shall apply to the municipal court to the extent that such provisions are not inconsistent with the ordinance codified herein. To the extent that such provision or provisions are inconsistent, the provisions of this chapter shall control.
19.120 Compensation of municipal court judge and municipal court clerk.
A. The compensation of the Judge of the Municipal Court shall be determined annually, by the Town Council, in its sole and absolute discretion.
B. The compensation of the Clerk of the Municipal Court shall be determined annually, by the Town Council, in its sole and absolute discretion.
19.130 Acting judge/acting clerk/auxiliary judge.
In case of sickness, absence, or other disability or ineligibility of the Judge, the Town Council may appoint a temporary Judge to serve as the Judge, with all powers and duties and shall receive the pro rata salary of the Judge. Said pro rata salary shall be deducted from the salary of the Judge who is unavailable to serve as aforesaid.
In case of sickness, absence, or other disability or ineligibility of the municipal court clerk which shall be less than fourteen (14) days, said the Town Council may appoint an acting clerk, at the same compensation, or at such salary as the Town Council may determine, for the term of such sickness, absence, disability, or ineligibility of said clerk. The acting municipal clerk shall perform all duties of the municipal court clerk in his or her absence. In the event of a sickness, absence, or other disability or ineligibility of the municipal court clerk which shall be fourteen (14) or more days, the Town Council may, by resolution, appoint an acting municipal court clerk, at the same compensation, or at such salary as the Town Council may determine. An acting municipal court clerk shall perform all duties of the municipal court clerk, and in the performance of said duties, shall have the same effect as if performed by the municipal court clerk.