R.I. Comm'n Jud. Tenure & Discipline 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

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.