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Chapter 478

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  478.266.  Probate division, commissioner authorized, certain counties, compensation, commissioner's orders, rejection or confirmation — deputy commissioner, certain counties and cities, appointment, term — powers and duties. — 1.  On and after January 2, 1979, each county of the first class having a charter form of government and containing all or part of a city having a population of at least four hundred fifty thousand or more a majority of the circuit and associate circuit judges, meeting en banc, may appoint one person, who shall possess the same qualifications as a circuit judge, to act as commissioner of the probate division of the circuit court.  The commissioner shall be appointed for a term of four years.  The compensation of the commissioner shall be the same as that of a circuit judge, payable in the same manner and from the same source as the compensation of the judge who serves in the probate division of the circuit court.  Subject to approval or rejection by the judge of the probate division, the commissioner shall have all the powers and duties of the judge for matters within the jurisdiction of the judge of the probate division.  A judge shall by order of record reject or confirm all orders, judgments and decrees of the commissioner within the time the judge could set aside such orders, judgments or decrees had the same been made by him.  If so confirmed, the orders, judgments and decrees shall have the same effect as if made by the judge on the date of their confirmation.

  2.  The judge of the probate division of the circuit court of each county of the first class having a charter form of government and containing a population of at least four hundred fifty thousand inhabitants and in any city not within a county and, after January 1, 1991, in each county of the first class having a charter form of government and not containing all or part of a city having a population of at least four hundred fifty thousand or more may appoint a person to be known as deputy commissioner of the probate division of the circuit court, who shall possess the same qualifications and take and subscribe a like oath as such a circuit judge.  The deputy commissioner shall be appointed for a term of four years.  The compensation of the deputy commissioner shall be the same as that of an associate circuit judge, payable in the same manner and from the same source as the compensation of an associate circuit judge.  Subject to approval or rejection by the judge of the probate division, the commissioner shall have all the powers and duties of the clerk of the probate division and the judge; but a judge shall by order of record reject or confirm all orders, judgments, and decrees of the deputy commissioner within the time such judge could set aside such orders, judgments, or decrees, had the same been made by him; and if so confirmed such orders, judgments, and decrees shall have the same effect as if made by the judge on the date of such confirmation.  In any city not within a county, any deputy commissioner of the probate court may be temporarily assigned by the presiding judge of the circuit court to serve as a family court commissioner.

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(L. 1978 H.B. 1634, A.L. 1990 S.B. 596, A.L. 2004 S.B. 1211)


---- end of effective   28 Aug 2004 ----

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