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SB 2939

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS-- FAMILY COURT

2026 Regular Session Introduced by Jonathon Acosta and 8 co-sponsors

The bill expands magistrates’ powers in family court to hear and decide on many custody, support, divorce, abuse, and enforcement matters with Senate-confirmed appointments and app

05/28/2026 Committee recommended measure be held for further study
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Bill Summary · SB 2939

Summary of SB 2939 (Rhode Island, 2026)

Purpose and intent

  • This bill amends the Rhode Island Family Court statute (8-10-3.1) to update and clarify the appointment and authority of magistrates who assist the Family Court.
  • It requires that magistrate appointments follow the judicial selection and nomination process outlined in chapter 16.1 of title 8, with advice and consent of the Senate.

Key provisions and changes

  • Magistrate recruitment and qualifications
    • The chief judge may appoint magistrates who must be members of the Rhode Island Bar.
    • Appointments must conform to the judicial selection and nomination process in chapter 16.1, title 8, and require advice and consent of the Senate.
  • Expanded duties and powers of magistrates
    • Magistrates may assist with enforcement and implementation of various statutes (notably chapter 23.1 of title 15) and with matters arising under several specified sections of titles 14, 15, 16, 40, and 40.1.
    • Authorized to hear and determine:
    • Motions, pretrial conferences, and arraignments of juvenile offenders
    • Probable cause hearings
    • Review of matters including temporary placement, custody, disposition, and adoption of children
    • Orders of support and final divorce decrees
    • Taking testimony in hearings related to the above
    • All subject to review as provided in subsection (d).
  • Term length and appointment terms
    • Magistrates serve a 10-year term (or until a successor is appointed and qualified). The bill clarifies terms for current magistrates (as of January 1, 2008) and allows renewal or multiple terms with Senate approval.
  • Specific powers granted to magistrates
    • Regulate proceedings and perform duties necessary for efficient operation.
    • Require production of records and documents.
    • Rule on admissibility of evidence.
    • Issue subpoenas, administer oaths, examine witnesses, and compel appearances.
    • Issue sanctions for contempt (civil or criminal) up to 72 hours’ detention, subject to review by a justice.
    • Issue capiases and/or body attachments for non-appearance, with detention in appropriate facilities if not in session.
  • Review and appeals
    • Parties aggrieved by magistrate orders may obtain review by a Family Court justice on the record, with procedures to be set by the Family Court.
    • Final appellate orders on magistrate review are appealable to the Rhode Island Supreme Court.
    • The Family Court will establish procedures for reviewing magistrate orders and enforcing contempt adjudications.
  • Additional de novo authority
    • Magistrates may hear de novo all applications for income withholding under chapter 16 of title 15 and appeals of DHS orders to withhold income.
  • License revocation/nonrenewal related to support
    • Magistrates may hear matters relating to the revocation or nonrenewal of an obligor’s license for non-compliance with a court support order (per chapter 11.1 of title 15).
  • Domestic abuse and divorce calendars
    • The chief judge may authorize magistrates to hear matters on the domestic abuse prevention calendar and on the nominal and contested divorce trial calendars (subject to existing rules).

Who is affected

  • Family Court procedures and proceedings will be affected through expanded magistrate duties and authority.
  • Magistrates (appointment, term length, powers) and the process for their selection (requiring Senate advice/consent) are central to the bill.
  • Parties in family and domestic relations cases (custody, support, divorce, abuse cases, and related enforcement actions) may experience faster, more specialized hearings and broader magistrate-led decision-making.
  • Agencies (e.g., Department of Human Services) in the context of income withholding and related appeals may interact with magistrates on de novo review.

Procedural and timeline aspects

  • Effective date: Upon passage.
  • The bill aligns magistrate appointments with the established judicial selection process (chapter 16.1, title 8) and Senate confirmation.
  • It creates a framework for review of magistrate orders by Family Court judges and appellate review by the Rhode Island Supreme Court.
  • It potentially expands the scope and speed of certain family court matters by enabling magistrates to handle numerous procedural and substantive tasks, with built-in review to ensure oversight.

Notes

  • The bill includes a broad list of chapters and titles to which magistrates would have authority, indicating a significant potential expansion of magistrate involvement in family law adjudication.
  • Sponsors include a broad bipartisan slate of senators, with multiple co-sponsors.

Compiled from official sources — confirm details with the bill’s official record.

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