§ 8-9-5 Disqualification or inability ofprobate judge. – Unless otherwise provided, whenever the judge of probate in any city or town isa party or is interested in any case arising in his or her town, or is absentor unable to perform his or her duties, the town council of the town shallperform those duties in the same manner as if no judge of probate had beenelected; provided, however, that whenever the judge of probate of the town ofWarren is a party or is interested in any proceeding about to be heard in hisor her court, or is absent or unable to perform his or her duties, or there isa vacancy in the office, his or her duties shall be temporarily performed bythe 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 Newport or the town ofCumberland or Smithfield is a party or is interested in any proceeding about tobe heard in his or her court, or is absent or unable to perform his or herduties, or there is a vacancy in the office, his or her duties shall betemporarily performed by the municipal court judge, if available, if not thenthe city solicitor of the city of Newport or by the town solicitor of the townsof Cumberland or Smithfield, 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 Hopkintonor West Greenwich is a party or is interested in any proceeding about to beheard 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 temporarilyperformed by one or more deputy probate judges to be elected by the towncouncil of the towns of Hopkinton and West Greenwich, in the same manner asprescribed for the election of the probate judge in § 8-9-4, the deputyprobate judge(s) to have the same powers and duties as the probate judge and beentitled 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 topractice or enter his or her appearance or act in any capacity as an attorneyin any case before the probate court in his or her city or town.
§ 8-9-5 Disqualification or inability ofprobate judge. – Unless otherwise provided, whenever the judge of probate in any city or town isa party or is interested in any case arising in his or her town, or is absentor unable to perform his or her duties, the town council of the town shallperform those duties in the same manner as if no judge of probate had beenelected; provided, however, that whenever the judge of probate of the town ofWarren is a party or is interested in any proceeding about to be heard in hisor her court, or is absent or unable to perform his or her duties, or there isa vacancy in the office, his or her duties shall be temporarily performed bythe 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 Newport or the town ofCumberland or Smithfield is a party or is interested in any proceeding about tobe heard in his or her court, or is absent or unable to perform his or herduties, or there is a vacancy in the office, his or her duties shall betemporarily performed by the municipal court judge, if available, if not thenthe city solicitor of the city of Newport or by the town solicitor of the townsof Cumberland or Smithfield, 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 Hopkintonor West Greenwich is a party or is interested in any proceeding about to beheard 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 temporarilyperformed by one or more deputy probate judges to be elected by the towncouncil of the towns of Hopkinton and West Greenwich, in the same manner asprescribed for the election of the probate judge in § 8-9-4, the deputyprobate judge(s) to have the same powers and duties as the probate judge and beentitled 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 topractice or enter his or her appearance or act in any capacity as an attorneyin any case before the probate court in his or her city or town.
§ 8-9-5 Disqualification or inability ofprobate judge. – Unless otherwise provided, whenever the judge of probate in any city or town isa party or is interested in any case arising in his or her town, or is absentor unable to perform his or her duties, the town council of the town shallperform those duties in the same manner as if no judge of probate had beenelected; provided, however, that whenever the judge of probate of the town ofWarren is a party or is interested in any proceeding about to be heard in hisor her court, or is absent or unable to perform his or her duties, or there isa vacancy in the office, his or her duties shall be temporarily performed bythe 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 Newport or the town ofCumberland or Smithfield is a party or is interested in any proceeding about tobe heard in his or her court, or is absent or unable to perform his or herduties, or there is a vacancy in the office, his or her duties shall betemporarily performed by the municipal court judge, if available, if not thenthe city solicitor of the city of Newport or by the town solicitor of the townsof Cumberland or Smithfield, 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 Hopkintonor West Greenwich is a party or is interested in any proceeding about to beheard 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 temporarilyperformed by one or more deputy probate judges to be elected by the towncouncil of the towns of Hopkinton and West Greenwich, in the same manner asprescribed for the election of the probate judge in § 8-9-4, the deputyprobate judge(s) to have the same powers and duties as the probate judge and beentitled 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 topractice or enter his or her appearance or act in any capacity as an attorneyin any case before the probate court in his or her city or town.
