Chapter 14 PROBATE COURT

§ 14-1. Town council to act as court.

§ 14-2. Sessions.

§ 14-3. Clerk of the court.

§ 14-4. Judge.

CHARTER REFERENCES

Town clerk, § 701. Town courts, § 704 Probate court, § 704(A).

Town council as probate court authorized, § 704(A). Appointment of judge, § 704(A).

CROSS REFERENCES

Town council, § 2-16 et seq.

First warden to preside at meetings of probate court, § 2-19

Officers and employees, § 2-141 et seq.

Town clerk to be custodian of records of probate court, § 2-156

Town clerk, § 2-156 et seq. Miscellaneous offenses, ch. 10.

STATE LAW REFERENCES

Authority to establish police court, etc., G.L. 1956, § 45- 2-12

Town council as probate court, G.L. 1956, § 8-9-2.2.

§ 14-1. Town council to act as court. [Rev. Ords. 1989, § 14-1]

The town council may constitute the probate court or annually appoint a member of the bar of the state to sit as judge of the probate court and may fill any vacancy occurring in such office.

§ 14-2. Sessions. [Rev. Ords. 1989, § 14-2; Ord. of 4-19-2000, § 14-2]

The regular sessions of the probate court shall be held at least once each month at the town hall at a time to be set by the probate court.

§ 14-3. Clerk of the court. [Rev. Ords. 1989, § 14-3]

The town clerk shall serve as clerk of the probate court.

§ 14-4. Judge. [Rev. Ords. 1989, § 14-4]

(a) Whenever a party to any contested matter in the probate court of such town shall so request, the town council acting as the probate court of such town shall designate an appointee to sit as judge of the probate court to hear and determine that particular contested probate matter. Such request and designation shall be recorded in the records of the probate court. The appointee shall have the power and be subject to the duties of a probate court with respect to that matter. If the appointee is a party to or interested in such matter or is unable to perform his duties, no such designation shall be made. The probate clerk shall attend all hearings and record all proceedings before such appointee.

(b) Such appointee shall not be entitled to any fees of the probate court. The probate court shall be entitled to the same fees as if the designation had not been made. The appointee shall be entitled to receive from the town such compensation as it may allow.