The bill amends Chapter 8-2 of the General Laws, which governs the Superior Court, to introduce new provisions regarding the roles and responsibilities of magistrates. It establishes the position of "administrator/magistrate," who will be governed by the commission on judicial tenure and discipline and will have duties, responsibilities, powers, and benefits as authorized pursuant to 8-2-39.
The bill also creates the positions of "general magistrate," "special magistrate," and "drug court magistrate," each with specific responsibilities. These magistrates will be subject to the canons of judicial ethics and criminal laws applicable to judges.
Additionally, the bill includes provisions for retired superior court magistrates, allowing them to request reemployment for a period not to exceed ninety (90) days per calendar year, at the direction of the chief justice of the supreme court, without any forfeiture or reduction of retirement benefits. When reemployed, retired magistrates will have the powers and authority of a sitting magistrate, as prescribed by the presiding justice, but will not be authorized to perform any judicial duties.
The legislation also specifies that any retired magistrate assigned to perform services under the new provisions will receive, in addition to their retirement pension, the difference in pay and fringe benefits compared to a sitting magistrate with similar state service time, without additional contributions or service credits being granted for this reemployment.
Overall, the bill aims to clarify the roles of magistrates within the Superior Court and provide a framework for the reemployment of retired magistrates.
Statutes affected: 3050: 36-10-36