Chapter 051
2012 -- S 2254
Enacted 05/01/12
A N A C T
RELATING TO
COURTS AND CIVIL PROCEDURE - PROBATE COURTS
Introduced By: Senator Walter S. Felag
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
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
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
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
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
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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LC00885
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