There shall be a Judge of Probate who shall exercise and perform
the powers and duties of a Probate Court for the Town, who shall be
appointed by the Council upon formal applications, upon the basis
of his/her qualifications, and after a merit interview with the Council,
to serve for a term concurrent with that of the Council and until
that person's successor is appointed and qualified.
The Judge of Probate shall be an attorney-at-law in good standing
who has been admitted to the practice of law in this state. At the
time of his appointment and during his term of office, the Judge of
Probate shall not hold any elective or appointive office in the Town,
or state, nor be a member of any Town or state central committee of
any political party, and shall be barred from contributing to any
political candidate or party.
In the absence, disability or disqualification of the Judge
of Probate so that he is unable to perform his duties, the Town Solicitor,
or in his absence or inability, the several assistant solicitors at
the designation of the Town Solicitor, shall serve as Acting Judge
of Probate, and if the Town Solicitor, or the several assistant solicitors
shall be unable to serve, then the Town Council may appoint a member
of the bar of the state to perform the duties of the Judge of Probate
as provided in § 13-2-1. The Acting Judge of Probate when
so serving shall have and exercise all the powers and duties of the
Judge of Probate provided that, if the vacancy caused by the absence
or inability of the Judge of Probate is to be or has been more than
90 days, the Council as provided in § 13-2-1 of this Charter
shall appoint another Judge of Probate to fill out the unexpired term.
The Town Clerk shall be the Clerk of Probate. All fees paid
into the Probate Court shall be transmitted forthwith to the Town
Treasurer and be deposited in the general funds of the Town unless
otherwise directed by the General Laws of the State of Rhode Island.
The Council shall determine and fix the salary of the Judge
of Probate.
