§ 8-9-2.3 — Probate judge in town where council sits as probate court.
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In any town where the town council regularly sits as the probate court, the
town council may appoint annually a member of the bar of the state of Rhode
Island to be available to sit as judge of the probate court and may fill any
vacancy occurring in the office of that appointee. Whenever a party to any
contested matter in the probate court of the town shall so request, the town
council acting as the probate court of the town shall designate the appointee
to sit as a judge of the probate court to hear and determine that particular
contested probate matter and the request and designation shall be recorded in
the records of the probate court, and thereupon the appointee shall have the
power and be subjected to the duties of the probate court with respect to the
matter; provided, however, that if the appointee is a party to or interested in
the matter, or is unable to perform his or her duties, no such designation
shall be made. The probate clerk shall attend all hearings and record all
proceedings before the appointee. The appointee shall not be entitled to any
fees of the probate court, and 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.