[HISTORY: Adopted by the Town Council of
the Town of Smithfield 6-3-2014 by Ord. No. 2014-04.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Juvenile Hearing Board — See Ch. 50.
[1]
This ordinance also superseded former Ch. 60, Municipal Court,
adopted 9-2-2008, as amended.
Pursuant to G.L. § 45-2-58, there is established a Municipal Court in the Town of Smithfield which shall assume jurisdiction of the subject matters set forth in § 60-7 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 Council.
The judge shall serve until his or her successor shall be duly appointed.
B.
The initial appointment shall terminate December 31, 2014. Each subsequent
appointment, if made, shall be for a term of two years and shall be
made by the Town Council at its first meeting in January and terminate
on December 31 of the even-numbered years. A judge shall hold office
until his or her successor is appointed and qualified.
C.
The Municipal Judge shall be an attorney-at-law in good standing
who has been admitted to the practice of law in this state at least
five years prior to his/her appointment.
D.
All the jurisdiction, power and authority of the Municipal Court
shall be vested in the Municipal Judge who need not devote full time
to the duties of the office.
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 execute search warrants
to the extent the warrants could be executed by a judge of the District
Court.
A.
The Town Council may appoint a Clerk of the Municipal Court who shall
serve at the pleasure of the Council.
B.
The Clerk of 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 of such documents 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.
C.
Nothing contained in this section shall prohibit the Town administration
from providing the secretarial and administrative assistance necessary
for the Court to perform its duties and responsibilities.
D.
Nothing contained in this section 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 Municipal
Court or Judge holding Municipal Court shall determine, subject to
the provisions, however, that regular Court sessions shall normally
be held at the Smithfield Town Hall on the third Thursday of each
month at 3:00 p.m. With the exception of designating the regular location,
dates and times of Court sessions, the affairs of the Municipal Court
shall not be subject to supervision by the Town Council or any other
Town agency official.
A.
Effective on the date the Municipal Judge is appointed by the Town
Council, the Council confers on the Municipal Court original jurisdiction
to hear and determine causes involving violations of:
B.
Any defendant found guilty of any offense, excluding violations of
the minimum housing ordinances, or G.L. § 45-24.3-1 et seq.,
may, within seven days of such conviction, file an appeal from such
conviction to the Providence County 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, or of G.L. § 45-24.3-1 et seq., may, within seven
days of such conviction, file an appeal from such conviction to the
Sixth Division of the District Court and be entitled to a trial de
novo in accordance with 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 G.L. § 45-24.3-1 et seq., the Council hereby
confers upon the Municipal Court, in furtherance of such jurisdiction,
the power to proceed according to equity to:
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.
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. 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. 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 impose court costs in
the amount of $75 per 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,
and the Treasurer shall remit to the state those assessments required
by the General Laws.
A.
In case of a temporary sickness, absence, or other disability or
ineligibility of the Municipal Court Judge or the Municipal Court
Clerk, the Council may 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 Council may determine. The actions of an
Acting Municipal Court Judge or Municipal Court Clerk, respectively,
in the performance of their duties, shall have the same effect as
if performed by the Municipal Court Judge or Municipal Court Clerk,
respectively.
B.
If during a term of office a Municipal Court Judge dies, resigns,
or ceases to meet the qualifications of the office, the position shall
thereupon be declared vacant by the Town Council, and the vacancy
shall be filled for the remainder of the term in the same manner as
the original appointment by the Town Council.
