Chapter
356
2003 --
H 5468
Enacted 07/17/03
AN ACT
RELATING
TO PROBATE -- TOWN OF BRISTOL
Introduced
By: Representatives Gallison, and Anguilla
Date
Introduced: February 06, 2003
It is
enacted by the General Assembly as follows:
SECTION
1. Section 8-9-5 of the General Laws in Chapter 8-9 entitled "Probate
Courts"
is
hereby amended to read as follows:
8-9-5.
Disqualification or inability of probate judge. -- Unless otherwise
provided,
whenever
the judge of probate in any city or town is a party or is interested in any
case arising in
his
or her town, or is absent or unable to perform his or her duties, the town
council of the town
shall
perform such duties in the same manner as if no judge of probate had been
elected.
Provided,
however, that whenever the judge of probate of the town of Bristol or of the town of
Warren
is a party or is interested in any proceeding about to be heard in his or her
court, or is
absent
or unable to perform his or her duties, or there is a vacancy in the office,
his or her duties
shall
be temporarily performed by the town clerk of the town; and the fact of such
interest,
absence,
inability, or vacancy shall be rendered in the records of the court; provided,
however,
that
whenever the judge of probate of the city of Newport or the town of Cumberland
or
Smithfield
is a party or is interested in any proceeding about to be heard in his or her
court, or is
absent
or unable to perform his or her duties, or there is a vacancy in the office,
his or her duties
shall
be temporarily performed by the city solicitor of the city of Newport or by the
town solicitor
of
the towns of Cumberland or Smithfield, respectively; and the fact of such interest,
absence,
inability,
or vacancy shall be recorded in the records of the court; provided, however,
that
whenever
the judge of probate of the towns of Hopkinton or West Greenwich is a party or
is
interested
in any proceeding about to be heard in his or her court, or is absent or unable
to
perform
his or her duties, or there is a vacancy in the office, his or her duties shall
be temporarily
performed
by one or more deputy probate judges to be elected by the town council of the
towns
of
Hopkinton and West Greenwich, in the same manner as prescribed for the election
of the
probate
judge in section 8-9-4, the deputy probate judge(s) to have the same powers and
duties as
the
probate judge and be entitled to the fees of the court as the towns may allow;
provided,
further,
however, that no judge of probate in any city or town shall be permitted to
practice or
enter
his or her appearance or act in any capacity as an attorney in any case before
the probate
court
in his or her city or town.
SECTION 2. This act
shall take effect upon passage.
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LC01786
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