Rhode Island court trips get civil-arrest protection

In Rhode Island, people heading to court would get a new shield against civil arrest under the Protect Our Courts Act. The proposal would add a fresh chapter to Title 12, the state’s criminal procedure code, and it would protect a person attending a court proceeding as a party, a potential witness, or a family or household member from being taken into civil custody while going to court, while there, and on the way home.

The measure draws a line between civil arrest and arrests tied to criminal prosecution or contempt of court. It also says the protection does not block an arrest covered by a judicial warrant or other judicial order, and it would take effect upon passage.

What happens inside the courthouse

The bill also sets ground rules for arrests made in or around a courthouse. An officer entering a courthouse to watch someone or take that person into custody would have to identify themselves to court security and explain the purpose of the visit. Except in extraordinary circumstances, no arrest could be made in a courtroom without leave of the court.

If the privilege is violated, or looks like it is about to be, the affected person, and the attorney general, could ask a court for equitable and declaratory relief. Successful plaintiffs could recover costs and reasonable attorneys’ fees, and the bill says it does not cut back any other existing rights.