Section 600.824 - Circuit judge temporarily serving as probate judge; powers and duties; entry of reason in records.
REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
600.824 Circuit judge temporarily serving as probate judge; powers and duties; entry of reason in records.
Sec. 824.
(1) If the office of probate judge is vacant or the judge is temporarily absent from the county or probate court district, is performing other duties required of him by law, or is incapacitated from executing the duties of his office, a judge of the circuit court serving in that county or probate court district shall serve as a probate judge unless that circuit judge is incapacitated from executing the duties. If a circuit judge within that county or probate court district is not available because of incapacity, then a circuit judge of any circuit or a probate judge of any county or probate court district who is not incapacitated from executing the duties of probate judge may serve as a probate judge in the county or probate court district if a written request is made therefor by the probate judge of that county or probate court district, or if a written request is made therefor by a circuit judge or probate register of that county or probate court district when the probate judge thereof is temporarily absent or is legally disabled from making the request. The probate judge or probate register of the county or probate court district may request the state presiding judge appointed pursuant to section 819 to assign a probate judge of another county or probate court district to serve as a probate judge of that county or probate court district.
(2) A judge serving temporarily under subsection (1) shall have all the powers and perform all the duties of the probate judge in the county or probate court district, until the probate judge returns, the incapacity is removed, or another judge of probate is elected or appointed and qualified.
(3) A judge, who, while serving temporarily as a probate judge pursuant to this section, begins a hearing which is not concluded when the acting judge's temporary service terminates under subsection (2), may hear the matter to its conclusion and give judgment thereon.
(4) When a circuit judge or a probate judge of another county or probate court district performs the duties of probate judge, an entry of the reason for the circuit judge or probate judge so performing the duties shall be made in the records of the probate court in the county in which the judge served.
History: Add. 1978, Act 543, Eff. July 1, 1979