The bill amends several sections of Chapter 8-2 of the General Laws, which governs the Superior Court, to clarify the roles and responsibilities of magistrates. It introduces the position of "administrator/magistrate," who will be governed by the commission on judicial tenure and discipline and subject to the canons of judicial ethics, as well as criminal laws applicable to judges. The administrator/magistrate will have duties, responsibilities, powers, and benefits as authorized pursuant to 8-2-39.

The bill also allows retired superior court magistrates to request, at the direction of the chief justice of the supreme court and subject to their physical and mental competence, to be assigned to perform services as a magistrate of the superior court. When assigned, they will have the powers and authority of a magistrate but will not be authorized to perform any judicial duties and will not be counted in the number of judicial officers provided by law for the superior court.

Additionally, the bill creates the positions of "general magistrate," "special magistrate," and "drug court magistrate," each with specific powers and responsibilities, including the authority to regulate proceedings, issue subpoenas, and adjudicate contempt.

The bill modifies the retirement system for magistrates, allowing retired superior court magistrates to be reemployed by the superior court to perform services without any forfeiture or reduction of their retirement benefits. They will receive, in addition to their retirement pension, the difference in pay and fringe benefits between their retirement pension and that of a sitting magistrate with comparable state service time. No additional contributions will be taken, and no additional service credits will be granted for this post-retirement service.

This act will take effect upon passage.

Statutes affected:
3050: 36-10-36
3050  SUB A: 36-10-36