Chapter 076

2012 -- H 7273

Enacted 05/14/12

 

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROBATE COURTS

 

     Introduced By: Representatives Malik, and Morrison

     Date Introduced: January 26, 2012

     

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 town solicitor 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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LC00886

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