Sec. 12. (a) If the judge of the probate court is unable to attend and preside at any term of the court, or during any part of a term, the judge may appoint, in writing, an attorney eligible to the office of the judge, at the term or part of the term.

     (b) A written appointment shall be entered of record in the court.

Terms Used In Indiana Code 33-31-1-12

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Continuance: Putting off of a hearing ot trial until a later time.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Probate: Proving a will
     (c) If the appointee is not a judge of a court of record, the appointee shall take the same oath required by law of judges of the probate court.

     (d) The appointee has the same power and authority during the continuance of the appointment of the judge as a regularly elected judge of the court.

[Pre-2004 Recodification Citation: 33-8-2-13.]

As added by P.L.98-2004, SEC.10.