The bill amends Chapter 8-2 of the General Laws, which governs the Superior Court, to establish new judicial roles, specifically the positions of "administrator/magistrate," "general magistrate," and "drug court magistrate." The administrator/magistrate will be appointed for a ten-year term by the presiding justice with Senate consent and will have the authority to perform various judicial functions, including hearing motions and imposing sentences. The general magistrate, also appointed for a ten-year term, will assist the court with matters such as the collection of restitution and will have the power to hear motions and modify probation terms. The bill outlines the powers and duties of both magistrate positions, including the ability to regulate proceedings and issue subpoenas, while also establishing a review process for their orders.
Additionally, the bill introduces provisions for the reemployment of retired superior court magistrates, allowing them to perform certain services without losing their retirement benefits. Retired magistrates can be assigned by the chief justice to carry out specific duties while retaining their judicial authority, although they will not be counted among the official judicial officers of the court. The bill also clarifies post-retirement employment rules for retired members of the retirement system, allowing them to engage in various roles without forfeiting benefits, provided they do not earn additional service credits. The amendments include the deletion of the word "and" from a previous provision and the insertion of new sections detailing the reemployment conditions for retired magistrates. The act will take effect upon passage.
Statutes affected: 6138: 36-10-36