[HISTORY: Adopted by the Town Council of the Town of Portsmouth 8-26-2013 by Ord. No.
2013-08-26B. Amendments noted where applicable.]
Pursuant to R.I.G.L. § 45-2-62, there is established a Municipal Court in the Town of Portsmouth which shall assume jurisdiction of the subject matters set forth in § 12-7 hereof on the date the Municipal Court Judge is appointed by the Town Council.
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 initial appointment, if made, shall terminate on December 31,
2014. Each subsequent appointment, if made, shall be for a term of
two years commencing on January 1 and ending on December 31 of the
even-numbered years. A Judge shall hold office until his or her successor
is appointed and qualified.
C.
The Judge shall be a lawyer admitted to practice law in this state
by the Rhode Island Supreme Court, shall be 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 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 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 Council shall appoint a Clerk of the Court who shall serve
at the pleasure of the Council.
B.
The Clerk of the 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 thereof 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 be responsible for the administration of the Court.
C.
Nothing contained herein shall prohibit the Police Department or
the Town administration from providing the secretarial and administrative
assistance necessary for the Court to perform its duties and responsibilities.
D.
Nothing contained herein shall prohibit the Town Clerk from also
becoming the Municipal Court Clerk.
The Municipal Court shall be considered to be in session at
all times and at such place or places in the Town as the Court, or
Judge holding same, shall appoint.
A.
The Town Council hereby confers on the Municipal Court original jurisdiction
to hear and determine causes involving violation of:
B.
Provided, however, that:
(1)
Any defendant found guilty of any offense, excluding violations of
minimum housing ordinances or R.I.G.L. Chapter 45-24.3,[1] may, within seven days of such conviction, file an appeal
from the conviction to the Superior Court and be entitled in the latter
Court to a trial de novo; and
[1]
Editor's Note: See Title 45, Chapter 24.3, of the Rhode
Island General Laws.
(2)
Any defendant found guilty of any violation of a minimum housing
ordinance, or of R.I.G.L. Chapter 45-24.3, within seven days of such
conviction, file an appeal from the conviction to the First Division
of the District Court and be entitled to a trial de novo in accordance
with R.I.G.L. §§ 8-8-3(a)(4) and 8-8-3.2.
C.
With respect to violations of municipal ordinances dealing with minimum
housing, or R.I.G.L. Chapter 45-24.3, the Town Council hereby confers
upon the Municipal Court, in furtherance of the aforementioned jurisdiction,
the power to proceed, according to equity:
The Municipal Court may impose a sentence not to exceed 30 days
in jail and impose a fine not in excess of $1,000 per violation, or
both, and shall be empowered to punish persons for contempt.
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, 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.
The Municipal Court shall be authorized to assess court costs in
the amount of $50 for each offense charged, 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.
C.
The costs incurred by the Town in securing a police officer'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 which shall be less than 45
days, the Town Council may appoint an Acting Judge or an Acting Clerk,
respectively, 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 14 days, the Town Council may, by
resolution, appoint an Acting Municipal Judge or an Acting Municipal
Court Clerk, respectively, for the term of such sickness, absence,
disability or ineligibility of the Municipal Court Judge or the 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.
C.
In case the Municipal Court Judge must recuse due to a conflict in
a specific case, the Portsmouth Probate Court Judge shall sit as the
Municipal Court Judge.