Chapter 225

2003 -- S 0947 AS AMENDED

Enacted 07/15/03

AN ACT

RELATING TO PROBATE -- TOWN OF BRISTOL

Introduced By: Senators Felag, Parella, and Bates

Date Introduced: March 20, 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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LC02802

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