§ 8-9-2.3 - Probate judge in town where council sits as probate court.
SECTION 8-9-2.3
§ 8-9-2.3 Probate judge in town wherecouncil sits as probate court. – In any town where the town council regularly sits as the probate court, thetown council may appoint annually a member of the bar of the state of RhodeIsland to be available to sit as judge of the probate court and may fill anyvacancy occurring in the office of that appointee. Whenever a party to anycontested matter in the probate court of the town shall so request, the towncouncil acting as the probate court of the town shall designate the appointeeto sit as a judge of the probate court to hear and determine that particularcontested probate matter and the request and designation shall be recorded inthe records of the probate court, and thereupon the appointee shall have thepower and be subjected to the duties of the probate court with respect to thematter; provided, however, that if the appointee is a party to or interested inthe matter, or is unable to perform his or her duties, no such designationshall be made. The probate clerk shall attend all hearings and record allproceedings before the appointee. The appointee shall not be entitled to anyfees of the probate court, and the probate court shall be entitled to the samefees as if the designation had not been made. The appointee shall be entitledto receive from the town such compensation as it may allow.