Pursuant to Title 45, Chapter 2, Section 29, of the General
Laws of the State of Rhode Island, 1956, as amended (1980 Reenactment),
there is established a Municipal Court for the Town of Westerly. The
Court shall commence on December 1, 1989.
The Municipal Court shall be considered to be in session at
all times and in such place or places in the Town of Westerly as said
Court or Justice holding said sessions shall so appoint and determine,
subject, however, to the provisions that the Court shall hold no less
than two sessions a month in the Westerly Town Hall Building on such
days, times and in such places to be determined by the Municipal Court
Judge.
The Municipal Court is empowered to impose a sentence as provided in Chapter
1, Article
II, General Penalty. The Municipal Court shall also have the power to compel the attendance of witnesses and to punish persons for contempt and to authorize and execute search warrants to the extent that the same could be authorized and executed by a Justice of the District Court.
[Amended 7-9-2018 by Ch.
No. 1926]
A. It shall be lawful for the Judge of the Municipal 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 said 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
officer or official of the Town who is authorized to serve process
in civil or criminal cases.
B. In all cases involving motor vehicle violations, the court shall
operate in a manner consistent with RIGL Title 31, Chapter 41.1, and
with the procedures of the traffic tribunal of the district court.
In all other cases, the court shall operate under the state district
court rules of civil or criminal procedure, as amended; provided,
however, that a case may be charged either by complaint, or by summons
or citation issued by the authorized officer or official of the Town
at the discretion of the Municipal Court Judge.
The Municipal Court shall be authorized to tax costs in the
same manner as those taxed by the District Courts of the State of
Rhode Island. The payment of said costs shall be a part of the sentence
to the extent that the same would be in the District Courts. All payments
of costs shall be deposited in the general fund of the Town of Westerly.
In the event of the temporary disability or disqualification
of the Judge of the Municipal Court so that he or she is unable to
perform his or her duties, the Council may appoint an Acting Judge
to serve during such temporary disability or disqualification and
until such disability or disqualification shall cease. An Acting Municipal
Court Judge must meet the same qualifications and shall perform all
duties of the Municipal Court Judge and, in the performance of said
duties, shall have the same effect as if performed by the Municipal
Court Judge.
The compensation of the Municipal Court Judge shall be set by
the Town Council of the Town from time to time and in the sole discretion
of the Town Council.
The Municipal Court may punish any contempt of its authority by fine or imprisonment as provided in Chapter
1, Article
II, General Penalty.
Subject to any other provisions of law relative to the filing
of complaints for particular crimes, any Judge of the Municipal Court
may place on file any complaint in a criminal case other than a complaint
against a person who has been convicted of a felony or a private complaint.
The Court may, in its discretion, require as a condition of such filing
the performance of services for the public good or may attach such
other conditions thereto as such Court shall determine. If no action
is taken on such complaint for a period not to exceed one year following
such filing, such complaint shall be automatically quashed and destroyed.
Failure to appear in answer to a summons, subpoena or complaint
may be punished by a fine not over $50 or imprisonment for not more
than 15 days, or both.