[HISTORY: Adopted by the Town Council of the Town of Charlestown 2-8-2010 by Ord. No.
322. Amendments noted where applicable.]
Pursuant to Title 45, Chapter 2, Section 32 of the General Laws
of the State of Rhode Island, 1956, as amended, there is established
a Municipal Court for the Town of Charlestown.[1] The Court shall commence on April 1, 2010.
[1]
Editor's Note: See R.I.G.L. § 45-2-32, Town
of Charlestown—Municipal Court.
A.
The Court shall be composed of one Judge, assigned by the Town Council.
The Judge shall serve until his or her successor shall be duly assigned
as aforesaid.
B.
Except for the initial appointment, the term of the assignment for
Judge shall be concurrent with the term of the Town Council. The initial
term of assignment shall begin when the Town Council assigns the first
Judge, and the assignment shall be for a term to run concurrent with
the term of the Town Council making the appointment.
C.
The Judge shall be a lawyer admitted to practice before the Supreme
Court of the state, in good standing, and shall have not less than
five years experience in the active practice of law.
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 surety or 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.
A.
The Town Administrator shall assign the Clerk of the Court to serve
for an indefinite term beginning April 1, 2010.
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 allowed by law
to be charged by Clerks of the District Court of the State of Rhode
Island. The Clerk's office shall be open to the public during
such hours as the Court shall determine from time to time.
C.
The Town Administrator may assign an Acting Municipal Court Clerk
when it is deemed necessary during the absence of the Municipal Court
Clerk who shall meet the same qualifications and 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.
D.
In addition to the duties of Municipal Court Clerk, the Town Administrator
may assign additional duties to the Clerk, but in no way shall the
additional duties interfere with the primary duties of the Municipal
Court Clerk.
A.
The Municipal Court shall be considered to be in session at all times
and in such place or places in the Town of as said Court or Justice
holding said sessions shall so appoint and determine, subject, however,
to the provisions that the Court shall be in session on the 1st Monday
in the Town Hall Building, and shall be held on such days, times and
places to be determined by the Municipal Court Judge.
B.
In all cases involving motor vehicle violations, the Court shall
operate under the Rules of Procedure of the Rhode Island Traffic Tribunal,
as amended. In all other cases, the Court shall operate under the
Rhode Island District Court Civil Rules, as amended; provided, however,
that a case may be charged by complaint, or by summons or citation
issued by an authorized officer or official of the Town.
[Amended 8-20-2012 by Ord. No. 352]
C.
In all cases, the Court shall have the power to issue orders to make
any additional rules for regulating practice, procedure, and business
therein. Such rules, when effective, shall supersede any default rules
of the Rhode Island District Court or Traffic Tribunal in conflict
therewith.
[Added 8-20-2012 by Ord. No. 352]
A.
The Municipal Court shall have original jurisdiction to hear and
determine cases involving violations of any ordinance of the Town
of Charlestown, Minimum Housing Ordinances of the Town of Charlestown,
and any violations of Chapter 24.3 of the Rhode Island General Laws
entitled, the "Rhode Island Housing Maintenance and Occupation Code,"[1] and any other jurisdiction conferred upon the Court by
state law.
[1]
Editor's Note: See R.I.G.L. § 45-24.3-1 et
seq.
B.
Any defendant found guilty of any offense, excluding violations of
said minimum housing ordinances or Chapter 24.3 within the jurisdiction
of the Court, may within seven days of such conviction, file an appeal
from said conviction to the Washington County Superior Court and be
entitled in that 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 said Chapter 24.3 may, within seven days of
such conviction, file an appeal from said conviction to the Fourth
Division District Court and be entitled to a trial de novo in accordance
with RIGL §§ 8-8-3(a)(4) and 8-8-3.2.
C.
With respect to violations of either municipal ordinances dealing
with minimum housing or § 45-24.3 et seq. of the Rhode Island
General Laws 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:
A.
The Municipal Court may impose a sentence not to exceed 30 days in
jail and impose a fine not in excess of $500, or both, and shall be
empowered to punish persons for contempt.
[Amended 8-20-2012 by Ord. No. 352]
B.
The Municipal Court shall also have the power to compel the attendance
of witnesses and to punish persons for contempt and to authorize and
execute search warrants to the extent that the same could be authorized
and executed by a Justice of the District Court.
It shall be lawful for the Judge of the Municipal 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.
A.
In all cases involving offenses over which the Municipal Court has
jurisdiction pursuant to R.I. Gen. Laws § 8-18-3, Court
costs shall be assessed as set forth in R.I. Gen. Laws § 8-18-4.
In all other cases, costs shall be $35 for each offense charged. The
payment of such costs shall be a part of the sentence.
B.
The Municipal Court shall be authorized to tax costs in the same
manner as those taxed by the District Courts of the State of Rhode
Island. The payment of said costs shall be a part of the sentence
to the extent that the same would be in the District Courts.
C.
All payments of costs shall be deposited in the general fund of the
Town of Charlestown.
D.
The costs incurred by the Town in securing a policeman's presence,
upon the request of the defendant, shall be charged to the defendant
in the event he or she should fail to appear.
A.
In cases of sickness, absence, or other disability or ineligibility
of the Municipal Court Judge or Clerk, 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 Town Council may determine, for the term
of such sickness, absence, disability, or ineligibility of the Judge
or Clerk. An Acting Municipal Court Judge or Acting Municipal Court
Clerk shall perform all duties of the Municipal Court Judge or Municipal
Court Clerk, respectively.
B.
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 30 days, the Town Council may, by
resolution, 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 Town Council may determine. An Acting Municipal Court Judge
or Acting Municipal Court Clerk shall perform all duties of the Municipal
Court Judge or Municipal Court Clerk, respectively, and in the performance
of those duties, shall have the same effect as if performed by the
Municipal Court Judge or Municipal Court Clerk, respectively.
A.
The compensation of the Municipal Court Judge shall be set by the
Town Council of the Town from time to time and in the sole discretion
of the Town Council.
B.
An Acting Municipal Court Judge must meet the same qualifications
and shall perform all duties of the Municipal Court Judge and in the
performance of said duties shall have the same effect as if performed
by the Municipal Court Judge.
A Town Sergeant shall be the bailiff for the Municipal Court
and shall be present during all Court sessions to maintain order and
supervise the orderly business of the Court.
[Amended 8-20-2012 by Ord. No. 352]
Subject to any other provisions of law relative to the filing
of complaints for particular violations, any Judge of the Municipal
Court may place on file any complaint in a case other than a complaint
against a person who has been convicted of a felony or a private complaint.
The Court may, in its discretion, require as a condition of such filing
the performance of services for the public good or may attach such
other conditions thereto as such Court shall determine. If no action
is taken on such complaint for a period not to exceed one year following
such filing, such complaint shall be automatically quashed and destroyed.
Failure to appear in answer to a summons, subpoena or complaint
may be punished by a fine not over $50 or imprisonment for not more
than 15 days, or both.
A.
Bail Commissioners. The Judge of the Municipal Court shall from time
to time appoint, with power to revoke such appointments, Bail Commissioners
who shall be authorized to set and take bail, in all complaints bailable
before the Municipal Court, from all respondents arrested on such
complaints, and such Municipal Court Judge shall authorize the Bail
Commissioners, as appointed by him or her, to issue warrants and complaints
to the Municipal Court for any offense for which, by law, the Municipal
Court Judge may issue a warrant and complaint, and all warrants as
issued, and all complaints upon which bail is taken as aforesaid shall
be forthwith returned to the Municipal Court, provided that such Bail
Commissioners shall not in any case or for any purpose have the power
to issue search warrants.
B.
Qualifications. A Bail Commissioner shall be an attorney at law in
good standing who has been admitted to the practice of law in this
state.
