[Adopted 2-9-1993 by Ord. No. 590 (Secs.
2-280 to 2-285 of the 1993 Code)]
The Town Council shall appoint a Judge of Probate
to serve at the pleasure of the Town Council and until a successor
is appointed and qualified.
The Judge of Probate, or acting Judge of Probate,
shall be an attorney at law in good standing who has been admitted
to the practice of law in this state and is a practicing attorney.
He need not be a resident of the Town.
Whenever the Judge of Probate Court is a party
or interested in any proceeding about to be heard in his Court, or
is absent or unable to perform his duties, or there is a vacancy in
such office, his duties shall be temporarily performed by the Town
Solicitor or any assistant Town Solicitor or, in the event no such
solicitor is qualified, by such person appointed by the Town Council.
The fact of any such interest, absence, inability or vacancy shall
be recorded in the records of said Court.
The Town Clerk shall be the Clerk of the Probate
Court.
All fees collected by the Clerk of the Probate
Court shall inure to the benefit of the Town and shall be paid over
to the Town Treasurer unless otherwise directed by the laws of the
state.
The Judge of Probate shall receive such compensation,
either on a salary or fee basis, as the Council may determine. The
Judge of Probate need not be required to devote full time to the duties
of his office.
[Adopted 12-14-1999 by Ord. No. 684 (Secs.
2-351 to 2-362 of the 1993 Code)]
The Municipal Court shall be considered to be
in session at such times and at such place or places in the Town as
the Municipal Court Judge holding same shall appoint.
The Municipal Court may impose penalties as specified in Chapter
1, Article
III, of this Code.
The Judge of the Municipal Court may prescribe
and vary the form of all complaints, warrants, writs or other forms
so as to make the same consistent with the organization, style and
jurisdiction of such Court. Such complaints, warrants, writs and other
forms shall have the same effect, validity and extent, and shall be
served, obeyed, enforced and returned in the same manner and by the
same officers, as if issued from the District Courts, and they may
be served by any Constable of the Town who is authorized to serve
process in civil or criminal cases.
In the case of sickness, absence or other disability
or ineligibility of the Municipal Court Judge, the Town Council may,
by resolution, appoint an Acting Municipal Court Judge for the term
of such sickness, absence, disability or ineligibility at such salary
as Council may determine. An Acting Judge shall perform all duties
of the Municipal Court Judge, and in the performance of such duties
shall have the same authority as the Municipal Court Judge.
The Municipal Court shall be administered by
the Town Manager. All matters of administration shall be the sole
responsibility and in the sole jurisdiction of the Town Manager.