Rules of the Commission on Judicial Tenure and Discipline
Rule: 25
Jurisdiction: RI
Bluebook Citation: R.I. Comm. Jud. Ten. Disc. R. 25
The members of the Commission are hereby severally authorized and empowered to administer oaths; and said Commission, in all cases of every nature pending before it, is hereby authorized and empowered to summon and examine witnesses and to compel the production and Page 7 of 11 February 2024 examination of papers, books, accounts, documents, records, certificates, and other legal evidence that may be necessary or proper for the determination and decision of any question before or the discharge of any duty required by law of said Commission. All subpoenas and subpoenas duces tecum shall be signed by the Chairperson or, in the absence or disqualification of the Chairperson, by any other member thereof, and shall be served as subpoenas are now served in civil cases in the Superior Court; witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as are now provided for witnesses in civil cases in the Superior Court. If any person fails to obey the command of any such subpoena without reasonable cause, or if a person in attendance before such Commission shall, without reasonable cause, refuse to be sworn, or to be examined or to answer a legal and pertinent question, the Commission may apply to any justice of the Superior Court, upon proof by affidavit of the fact, for a rule or order, returnable in not fewer than two (2) nor more than five (5) days, directing such person to show cause why he or she should not be adjudged in contempt. Upon the return of such order, the judge before whom the matter is brought for a hearing shall examine under oath such person and such person shall be given an opportunity to be heard, and if the judge shall determine that such person has refused without reasonable cause or legal excuse to be examined, or to answer a legal and pertinent question, or to produce books, accounts, papers, records and documents, material to the issue, that he or she was ordered to bring or produce, he or she may forthwith commit such person to the Adult Correctional Institutions, there to remain until he or she submits to do the act that he or she was so required to do, or is discharged according to law. If an application for contempt pursuant to this section relates to the actions of a witness at a public hearing, then the papers filed with and proceedings before the court shall be open to the public; otherwise, such papers and proceedings shall be confidential.
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