2012 -- S 2254

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LC00885

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROBATE COURTS

     Introduced By: Senator Walter S. Felag

     Date Introduced: January 26, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-9-5 of the General Laws in Chapter 8-9 entitled "Probate Courts"

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is hereby amended to read as follows:

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     8-9-5. Disqualification or inability of probate judge. -- Unless otherwise provided,

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whenever the judge of probate in any city or town is a party or is interested in any case arising in

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his or her town, or is absent or unable to perform his or her duties, the town council of the town

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shall perform those duties in the same manner as if no judge of probate had been elected;

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provided, however, that whenever the judge of probate of the town of Warren is a party or is

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interested in any proceeding about to be heard in his or her court, or is absent or unable to

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perform his or her duties, or there is a vacancy in the office, his or her duties shall be temporarily

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performed by the town clerk town solicitor of the town; and the fact of the interest, absence,

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inability, or vacancy shall be rendered in the records of the court; provided, however, that

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whenever the judge of probate of the city of Newport or the town of Cumberland or Smithfield is

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a party or is interested in any proceeding about to be heard in his or her court, or is absent or

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unable to perform his or her duties, or there is a vacancy in the office, his or her duties shall be

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temporarily performed by the municipal court judge, if available, if not then the city solicitor of

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the city of Newport or by the town solicitor of the towns of Cumberland or Smithfield,

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respectively; and the fact of the interest, absence, inability, or vacancy shall be recorded in the

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records of the court; provided, however, that whenever the judge of probate of the towns of

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Hopkinton or West Greenwich is a party or is interested in any proceeding about to be heard in

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his or her court, or is absent or unable to perform his or her duties, or there is a vacancy in the

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office, his or her duties shall be temporarily performed by one or more deputy probate judges to

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be elected by the town council of the towns of Hopkinton and West Greenwich, in the same

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manner as prescribed for the election of the probate judge in section 8-9-4, the deputy probate

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judge(s) to have the same powers and duties as the probate judge and be entitled to the fees of the

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court as the towns may allow; provided, further, however, that no judge of probate in any city or

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town shall be permitted to practice or enter his or her appearance or act in any capacity as an

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attorney in any case before the probate court in his or her city or town.

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     SECTION 2. This act shall take effect upon passage.

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LC00885

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROBATE COURTS

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     This act would permit the town solicitor in the town of Warren to temporarily serve as the

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town’s probate court judge in proceedings where the designated probate judge is unable to serve.

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     This act would take effect upon passage.

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LC00885

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