RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- SUPERIOR COURT
Summary
S3290 would create a dedicated “domestic violence calendar” within the Rhode Island Superior Court for the hearing and disposition of certain felony domestic violence matters. The calendar would cover felony domestic violence offenses, felony violations of no-contact or protective orders arising from domestic violence matters, felony weapons offenses connected to domestic violence, and other related criminal proceedings the court deems appropriate. The bill also authorizes the presiding justice to assign personnel, promote consistent case assignment where practicable, and adopt administrative rules and protocols to implement the new calendar.
The bill further creates a Superior Court magistrate position, appointed by the presiding justice with advice and consent of the Senate, to serve 10-year terms and perform duties authorized under existing law. Cases on the domestic violence calendar would receive priority in scheduling and disposition, while the calendar would have concurrent jurisdiction with other Superior Court calendars over qualifying criminal actions involving domestic violence. The act would take effect immediately upon passage.
Impact
This bill would amend Rhode Island Superior Court law by adding a new section to chapter 8-2 establishing a specialized docket for domestic violence cases. It would affect how certain felony domestic violence-related criminal matters are assigned, scheduled, and managed in Superior Court, while preserving the court’s broader authority over docket control. It also creates a new magistrate position and authorizes administrative coordination with district and family courts, potentially changing internal court operations and case flow for prosecutors, defense counsel, victims, and court personnel.
Sentiment
The available record suggests generally supportive or at least administrative-justice-oriented sentiment, as the bill is framed as a court-management measure intended to improve continuity, priority handling, and coordination of domestic violence cases. No committee transcript or recorded vote is provided, so there is no documented opposition or formal debate in the supplied materials. Based on the text alone, the measure appears designed to streamline handling of serious domestic violence matters rather than to alter substantive criminal penalties.
Contention
The main potential points of contention are procedural rather than substantive: whether creating a separate domestic violence calendar is the best use of court resources, how personnel and magistrate appointments will be funded and staffed, and whether prioritizing these cases could affect scheduling of other Superior Court matters. The bill also gives the presiding justice discretion to include related proceedings and adopt implementation protocols, which could raise questions about scope and administration. No specific opposing viewpoint is documented in the provided materials.
Permits retired superior court magistrates to be assigned to perform service pursuant to §§ 8-2-11.1, 8-2-39, 8-2-39.1 or 8-2-39.2 and be reemployed by the superior court without any forfeiture or reduction of any retirement benefits.
Permits retired superior court magistrates to be assigned to perform service pursuant to §§ 8-2-11.1, 8-2-39, 8-2-39.1 or 8-2-39.2 and be reemployed by the superior court without any forfeiture or reduction of any retirement benefits.
Requires superior court clerk to automatically seal cases/individual counts of a criminal complaint/indictment that were dismissed, upon request of the defendant and serve it upon bureau of criminal identification, police department and counsel of record.
Mandates that the clerk of the district court, upon request of the defendant, automatically seal individual counts of criminal complaints upon dismissal pursuant to rule 48(a) of the rules of criminal procedure for district court.
Mandates that the clerk of the district court, upon request of the defendant, automatically seal individual counts of criminal complaints upon dismissal pursuant to rule 48(a) of the rules of criminal procedure for district court.
Prohibits the courts from setting cash or surety bail on any misdemeanor offense but permits the court to set reasonable non-monetary conditions of bail to assure the defendant's presence in court as required and to protect the community.
Provides that law enforcement officers who appears before the court for prosecution of a violation of a protective order shall self-certify that the officer has successfully completed a specialized domestic violence prosecution training course.
Provides that law enforcement officers who appears before the court for prosecution of a violation of a protective order shall self-certify that the officer has successfully completed a specialized domestic violence prosecution training course.
Sets a mandatory retirement age of 75 for all justices and magistrates of the superior, district, workers’ compensation, family and traffic tribunal courts and provide that no pension or retirement benefits be affected thereby.
Permits retired superior court magistrates to be assigned to perform service pursuant to §§ 8-2-11.1, 8-2-39, 8-2-39.1 or 8-2-39.2 and be reemployed by the superior court without any forfeiture or reduction of any retirement benefits.
Permits retired superior court magistrates to be assigned to perform service pursuant to §§ 8-2-11.1, 8-2-39, 8-2-39.1 or 8-2-39.2 and be reemployed by the superior court without any forfeiture or reduction of any retirement benefits.