2009 -- H 6291

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LC02790

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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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

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-9-5 of the General Laws in Chapter 8-9 entitled "Probate Courts"

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is hereby amended to read as follows:

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     8-9-5. Disqualification or inability of probate judge. -- Unless otherwise provided,

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whenever the judge of probate in any city or town is a party or is interested in any case arising in

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his or her town, or is absent or unable to perform his or her duties, the town council of the town

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shall perform those duties in the same manner as if no judge of probate had been elected;

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provided, however, that whenever the judge of probate of the town of Warren is a party or is

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interested in any proceeding about to be heard in his or her court, or is absent or unable to

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perform his or her duties, or there is a vacancy in the office, his or her duties shall be temporarily

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performed by the town clerk of the town; and the fact of the interest, absence, inability, or

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vacancy shall be rendered in the records of the court; provided, however, that whenever the judge

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of probate of the city of Newport or the town of Cumberland or Smithfield is a party or is

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interested in any proceeding about to be heard in his or her court, or is absent or unable to

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perform his or her duties, or there is a vacancy in the office, his or her duties shall be temporarily

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performed by the municipal court judge, if available, if not then the city solicitor of the city of

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Newport or by the town solicitor of the towns of Cumberland or Smithfield, respectively; and the

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fact of the interest, absence, inability, or vacancy shall be recorded in the records of the court;

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provided, however, that whenever the judge of probate of the towns of Hopkinton or West

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Greenwich is a party or is interested in any proceeding about to be heard in his or her court, or is

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absent or unable to perform his or her duties, or there is a vacancy in the office, his or her duties

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shall be temporarily performed by one or more deputy probate judges to be elected by the town

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council of the towns of Hopkinton and West Greenwich, in the same manner as prescribed for the

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election of the probate judge in section 8-9-4, the deputy probate judge(s) to have the same

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powers and duties as the probate judge and be entitled to the fees of the court as the towns may

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allow; provided, further, however, that no judge of probate in any city or town shall be permitted

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to practice or enter his or her appearance or act in any capacity as an attorney in any case before

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the probate court in his or her city or town.

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     SECTION 2. This act shall take effect upon passage.

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LC02790

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

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

COURT

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     This act would change the back-up Newport Probate Judge from the city solicitor to the

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city’s municipal court judge.

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     This act would take effect upon passage.

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LC02790

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