AG U97-02.

• Case Date: December 18, 1997
• Court: Rhode Island

Rhode Island Attorney General Opinions 1997. AG U97-02. UNOFFICIAL OPINION U97-02December 18, 1997Rene M. LafayetteHigh Sheriff Providence County Sheriff's Office Licht Judicial Complex 250 Benefit Street Suite 205 Providence, Rhode Island 02903 Dear Sheriff Lafayette: I write in response to your letter of October 30, 1997 requesting an advisory opinion concerning R.I. Gen. Laws § 42-29-31. That statute, entitled "Credit for service of legal process", provides as follows:

The sheriffs of the five (5) counties shall extend to each Rhode Island attorney who is a member in good standing of the Rhode Island bar association, credit up to the sum of three hundred dollars ($300) for the service of legal process; provided, however, that no further credit need be extended to any said attorney who fails to make payment within sixty (60) days of receipt of any bill for services rendered. The sheriffs of the five (5) counties shall accept funds from any attorney, who so desires, for the purpose of establishing an escrow account, which escrow funds shall be applied on account for future service of legal process.

You first question the proper interpretation of the phrase "... provided, however, that no further credit need be extended to any said attorney who fails to make payment within sixty (60) days of receipt of any bill for services rendered." R.I. Gen. Laws § 42-29-31 (emphasis added). You question whether "it is a subjective decision to be made by each county sheriff for each attorney who is essentially in arrears for services rendered for a period of 60 or more days". The rules of statutory interpretation provide that where a statute is clear on its face, the plain meaning of the statute must be given effect. Gilbane Co. v. Poulas, 576 A.2d 1195 (R.I. 1990); Krupa v. Murray, 557 A.2d 868 (R.I. 1989). However, where a statute is ambiguous a court will seek to effectuate the legislature's intent in enacting the statute and will do so by attributing to the statute the meaning most consistent with its policies or obvious purposes. F.H. Buffington Co. v. Hanrahan, 622 A.2d 470 (R.I. 1993); Brennan v. Kirby, 529 A.2d 633 (R.I. 1987) In enacting § 42-29-31. the legislature has provided for the sheriff to extend $300.00 of credit to a Rhode Island attorney. If the attorney does not make payments within sixty days, however, the sheriff "need"...