Chapter 307

2009 -- H 6291

Enacted 11/13/09

 

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- NEWPORT PROBATE COURT

 

     Introduced By: Representatives Martin, and A Rice

     Date Introduced: June 16, 2009

 

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 those 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 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 the 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 municipal court judge, if available, if not then 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 the 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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LC02790

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