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Bill

SB 3050

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

2026 Regular Session Introduced by Matt LaMountain

Creates a dedicated drug court magistrate and expands magistrate roles with 10-year terms, clear powers, post-retirement assignments, and streamlined review.

06/05/2026 Referred to House Finance
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Bill Summary · SB 3050

Summary of SB 3050 (Rhode Island, 2026)

Purpose and intent

  • This act focuses on the structure, appointment, powers, and post-retirement employment rules for various magistrate positions within the Rhode Island Superior Court, including general magistrates, special magistrates, and a new drug court magistrate.
  • Aims to clarify and expand the roles and duties of magistrates, provide specific authority to handle motions, hearings, admonitions, and certain court-ordered payments, and create a specialized drug court magistrate to oversee adult drug court proceedings.

Key provisions and changes

  • Administrator/Magistrate (8-2-11.1)

    • Creates a term structure for an administrator/magistrate who may be appointed for 10-year terms by the presiding justice with Senate advice and consent; may be reappointed for additional terms.
    • Grants the administrator/magistrate broad powers to hear and determine matters assigned by the presiding justice, including civil and criminal motions, arraignments, bail, pleas, and sentencing for guilty/nolo contendere pleas.
    • Authorizes the administrator/magistrate to regulate proceedings, compel production of documents, rule on evidence, issue subpoenas, administer oaths, and adjudicate contempt (up to 72 hours imprisonment pending review).
    • Provides for review by a superior court justice (on the record) and potential appeal to the Rhode Island Supreme Court for final orders.
    • Subjects the administrator/magistrate to judicial tenure rules, ethics canons, and criminal laws applicable to judges.
    • Allows retired administrators/magistrates to be assigned for up to 90 days per year with full powers during assignment but not counted toward the court’s total judicial officers.
  • General Magistrate (8-2-39)

    • Establishes a general magistrate position with a 10-year term (renewable with Senate consent) and requires the appointee to be a Rhode Island attorney.
    • Tasks include assisting with restitution/ fines/fees, handling claims from certain indemnity and royalty funds, and other duties as designated by the presiding justice.
    • Authorizes cross-court assignment to unified system courts.
    • Grants the general magistrate powers similar to administrator/magistrate: presiding over motions, pretrial conferences, bail hearings, testimony, contempt, and subpoenas; authority to regulate proceedings and compel attendance.
    • Provides for review procedures for orders, appeals to the Supreme Court, and retirement-related provisions comparable to other magistrates.
    • Sets compensation at a level equal to a district court judge and places the general magistrate under the Commission on Judicial Tenure and Discipline and ethics rules.
    • Allows retired general magistrates to be assigned to serve up to 90 days per year in a magistrate capacity, with the same implications as other retired judges.
  • Special Magistrate (8-2-39.1)

    • Creates a separate special magistrate position with a 10-year term (renewable with Senate consent) for Rhode Island attorneys.
    • The special magistrate bears duties, powers, and benefits similar to those of the general magistrate.
    • Provides retirement-assignment provisions for retirees (up to 90 days per year) and applies liberal construction guidance.
    • Appointments and authorities align with the general magistrate structure.
  • Drug Court Magistrate (8-2-39.2)

    • Establishes a drug court magistrate to preside over the adult drug court, appointed for 10 years with Senate consent; reappointment possible.
    • The role includes presiding over all matters related to adults in the drug court program, including admission decisions, and the power to impose incarceration for agreed-upon violations.
    • Defines eligibility criteria for admission: non-violent offenses (with a list of violent offenses outlined), no pending violent felony charges, no pending drug delivery charges, and a finding of drug addiction.
    • Requires drug court contracts outlining expectations, responsibilities, and treatment plans; allows termination from the program for noncompliance.
    • Enables the drug court magistrate to handle related sexual offender registration and community notification matters, and, at the presiding justice’s discretion, to assume duties under 8-2-39(b), (c), and (d).
    • Subject to judicial tenure, ethics, canons, and criminal-law provisions applicable to judges.
    • Provides a formal review and appeal process for orders issued by the drug court magistrate, with appellate options to the superior court and ultimately the Supreme Court.
    • Retirement provisions mirror those for other magistrates, including potential 90-day per-year post-retirement service.
  • Post-retirement employment (Section 2, 36-10-36)

    • The bill references post-retirement employment rules (existing law) but the explanatory notes indicate the act would allow retired superior court magistrates to request permissive assignments for up to 90 days per year without losing retirement benefits.
    • Other post-retirement employment scenarios for municipal or state roles are described, with caps on hours and pay to avoid reducing retirement benefits.

Who would be affected

  • Superior Court: presiding justices, the administrator/magistrate, general magistrate, special magistrate, and the drug court magistrate.
  • Retired magistrates: those who might be assigned to temporary duties under the new framework (up to 90 days per year) while preserving retirement benefits.
  • Attorneys who may be appointed to magistrate positions.
  • Parties appearing in the integrated drug court program and those involved in restitution, fines, fees, and related court-ordered obligations.
  • The public, by potentially increasing the speed and efficiency of certain court processes and specialized drug court functions.

Procedural and timeline aspects

  • The act would take effect upon passage.
  • Terms for magistrates are 10 years, with potential reappointment subject to Senate advice and consent.
  • Appeals and review processes are outlined for orders issued by administrator/magistrate, general magistrate, special magistrate, and drug court magistrate, including possible escalation to the Supreme Court.
  • Retirement-works provisions exist to govern post-retirement employment, with explicit caps and reporting requirements.

Bottom-line impact

  • The bill expands and clarifies the magistrate framework within Rhode Island’s Superior Court, creating explicit authority for several magistrate roles, including a dedicated drug court magistrate.
  • It introduces structured term lengths and appointment processes, formalizes review and appeal pathways, and accommodates post-retirement service under controlled conditions.
  • The changes are designed to improve efficiency in civil/criminal proceedings, restitution and fee collection, and drug court operations while maintaining ethical, tenure, and disciplinary standards.

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

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