Rhode Island law protects court attendees from certain civil arrests

Covered court attendees have protection from civil arrest unless a qualifying court warrant or order authorizes it. The protection covers parties, potential witnesses, and attending family or household members. Covered proceedings include court-ordered or scheduled appearances and filing papers to start such an appearance. The person must attend properly and in good faith. The warrant or order must come from a judicial officer in the court that will hear the case following the arrest. Civil arrest excludes arrests mainly for criminal prosecution when the alleged crime allows imprisonment and requires a court appearance. It also excludes arrests for contempt of the court holding the proceeding. The law takes effect upon passage. Protection applies while going to court, remaining there, and returning.

Protected people and Rhode Island’s attorney general may ask a court to stop or prevent violations and declare their rights. State courts may issue protective orders. People who intentionally carry out or assist a prohibited arrest may face consequences for contempt of court or false imprisonment. A lawsuit requires reasonable cause to believe a violation has happened or may happen; a contempt case is not required. Successful claims under the arrest protection may recover court costs and reasonable lawyer fees. Officers acting under lawful authority keep their rights and defenses. Claims under this chapter cannot target the judicial branch or court staff lawfully maintaining court safety and order.

The Rhode Island Supreme Court’s chief justice, or the court administrator acting under that authority, may issue rules for courthouse arrests. The rules cover official law enforcement activity inside Rhode Island courthouses. The authorized rules would require officers entering to observe or take someone into custody to identify themselves and explain their purpose and planned action to court security. The rules would require prompt court review of arrest warrants or orders, a qualifying court warrant or order for civil arrests inside courthouses, and reports for each enforcement action there. The rules would require court permission for courtroom arrests except in extraordinary circumstances.