Pursuant to RIGL 1956, § 45-2-24, there is established
a Municipal Court in the town (Code 1972, § 12 1/2-1).
The provisions of the Charter shall apply to the Municipal Court
to the extent that such provisions are not inconsistent with § 45-2-24
RIGL. To the extent that such provisions are inconsistent with RIGL
§ 45-2-24, the provisions of § 45-2-24 shall control
(Code 1974, § 12 1/2-1).
In case of sickness, absence or other disability or ineligibility
of the Municipal Court Judge, the Town Council may, by resolution,
appoint an acting Municipal Court Judge for the term of such sickness,
absence, disability, or ineligibility of the Municipal Court Judge,
at such salary as the Town Council may determine. An acting Municipal
Court Judge shall perform all duties of the Municipal Court Judge,
and in the performance of such duties shall have the same effect as
if the duties were performed by the Municipal Court Judge. The acting
Municipal Court Judge's service shall automatically terminate upon
the return of the sitting Municipal Court Judge.
The Municipal Court shall have a seal which shall contain such
words and device as the Town Council shall adopt and approve.
The Municipal Court shall be considered to be in session at
all times, at such place in the Town as the court or the justice holding
the sessions shall appoint. There shall be a police officer present
at all sessions of the court for protection, bailiff duties, and keeping
the peace under the authority of the Court during said session to
be compensated by the court as a detail.
The Municipal Court Judge or Clerk shall have the power to administer
oaths and affirmations.
It shall be lawful for the Municipal Court Judge to prescribe
and vary the form of all complaints, warrants, writs, or other process
so as to make such process consistent with the organization, style
and jurisdiction of the Municipal Court. Such complaints, warrants,
writs and other process shall have the same effect, validity and extent
and shall 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. Further, motor vehicle violations
shall utilize summons, warrants, writs, and complaints as proscribed
by the State and Municipal Court Compact.
The Municipal 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 issue writs of habeas corpus
ad testificandum upon continuance of any complaint or proceeding before
it, and it may take recognizance to the state with surety in such
sum as the court shall think proper, with condition to appear before
the court and make further answer to such complaint or proceeding.
To keep the peace, and in want thereof, it may commit the party to
the state Adult Corrections Institution until such recognizance is
given or the parties lawfully discharged therefrom.
The Court shall have authority to issue warrants for arrest
and such further powers and authority as established by the State
of Rhode Island from time-to-time.
The Municipal Court may impose a sentence not to exceed thirty
(30) days in jail and impose a fine not in excess of three hundred
dollars ($300.00) or both. It shall be empowered to punish persons
for contempt. The Court shall have authority to issue warrants for
arrest.
The Town Council shall have authority to enact ordinances raising
fines and jail sentences not inconsistent with 45-2-24 of the RI General
Laws.
All judges of Municipal Court which exercise jurisdiction under the provisions of Chapter
18 of the R.I. General Laws shall be subject to and governed by the canons of judicial ethics or code of judicial conduct in effect at the time, as prescribed by the Rhode Island Supreme Court, and the provisions of Chapter 16 of the RI General Laws.