§ 8-10-3.1. Magistrates — Appointment, duties, and powers.
(a) The chief judge of the family court may appoint magistrates, with the advice and consent
of the senate, to assist the court in the conduct of its business. A person appointed
to serve as a magistrate shall be a member of the bar of Rhode Island. The powers
and duties of magistrates shall be prescribed in the order appointing them.
(b) In addition, magistrates may assist the court in:
(1) The enforcement and implementation of chapter 23.1 of title 15;
(2) The determination of matters that come before the court pursuant to § 8-10-4, chapter 1 of title 14, chapters 5, 7, 8, 9, 10, and 16 of title 15, chapter 19 of title 16, chapter 11 of title 40, and chapter 5 of title 40.1.
Magistrates shall be empowered to hear and determine all motions, pretrial conferences,
arraignments of juvenile offenders, probable cause hearings, and review of all such
matters, including but not limited to, the temporary placement, custody, disposition,
and adoption of children, orders of support, final divorce decrees, and the taking
of testimony in conducting all hearings relative thereto subject to the review provided
for in subsection (d).
(c) The magistrates shall serve a term of ten (10) years and until a successor is appointed
and qualified and the magistrate's powers and duties shall be prescribed in the order
appointing them or in the rules of procedure of the family court. Any magistrate in
service as of January 1, 2008, who serves at the pleasure of the chief judge of the
family court may be appointed for a term of ten (10) years with the advice and consent
of the senate and until a successor is appointed and qualified. Nothing herein shall
be construed to prohibit the assignment of a magistrate to more than one such term,
subject to the advice and consent of the senate. The magistrates may be authorized:
(1) To regulate all proceedings before them;
(2) To do all acts and take all measures necessary or proper for the efficient performance
of their duties;
(3) To require the production before them of books, papers, vouchers, documents, and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine
them, and to call parties to the proceeding and examine them upon oath;
(6) To adjudicate a person in contempt and to order the person imprisoned for not more
than seventy-two (72) hours, pending review by a justice of the court, for failure
to appear in response to a summons or for refusal to answer questions or produce evidence
or for behavior disrupting a proceeding;
(7) To adjudicate a party in contempt and to order the party imprisoned for not more than
seventy-two (72) hours, pending review by a justice of the court, for failure to comply
with a pending order to provide support or to perform any other act; and
(8) To issue a capias and/or body attachment upon the failure of a party or witness to
appear after having been properly served and, should the family court not be in session,
the person apprehended may be detained at the adult correctional institution, if an
adult, or at the Rhode Island training school for youth, if a child, until the next
session of the family court.
(d) A party aggrieved by an order entered by a magistrate shall be entitled to a review
of the order by a justice of the family court. Unless otherwise provided in the rules
of procedure of the family court, such review shall be on the record and appellate
in nature. The family court shall by rules of procedure establish procedures for review
of orders entered by a magistrate, and for enforcement of contempt adjudications of
a magistrate.
(e) Final orders of the family court entered in a proceeding to review an order of a magistrate
may be appealed to the supreme court.
(f) The magistrates shall be empowered to hear de novo all applications for income withholding
pursuant to chapter 16 of title 15 and appeals of administrative agency orders of the department of human services to
withhold income under chapter 16 of title 15.
(g) The magistrates shall be empowered to hear all matters relating to the revocation
or nonrenewal of a license of an obligor due to non-compliance with a court order
of support, in accordance with chapter 11.1 of title 15.
(h) The magistrates may be authorized by the chief judge to hear those matters on the
domestic abuse prevention calendar and the nominal and contested divorce trial calendars.
[See §â€‚12-1-15 of the General Laws.]
Notes
Applicability.
P.L. 2024, ch. 417, § 2, provides: "This act shall take effect upon passage [June 28, 2024] and shall apply
retroactively to all actions for divorce pending at the time of or filed after the
effective date of this act.�
P.L. 2024, ch. 439, § 2, provides: "This act shall take effect upon passage [June 29, 2024] and shall apply
retroactively to all actions for divorce pending at the time of or filed after the
effective date of this act.�