Chapter 307
2009 -- H 6291
Enacted 11/13/09
A N A C T
RELATING TO
COURTS AND CIVIL PROCEDURE--COURTS --
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
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
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
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
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
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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