§301. Terms; vacancies; salary
326 words·~1 min read·
/me/title-4-judiciary/chapter-7-probate-court/301·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Judges of probate are elected or appointed as provided in the Constitution of Maine. Only attorneys at law admitted to the general practice of law in this State and resident in this State may be elected or appointed as judges of probate. Their election is effected and determined as is provided respecting county commissioners; and they enter upon the discharge of their duties on the first day of January following their election; but, when appointed to fill vacancies, their terms commence on their appointment.
Vacancies caused by death, resignation, removal from the county, permanent incapacity as defined in Title 30‑A, section 1, subsection 2‑A or any other reason must be filled as provided in the Constitution of Maine. In the case of a vacancy in the term of a judge of probate who was nominated by primary election before the general election, the judge of probate appointed by the Governor to fill the vacancy until a successor is chosen at election must be enrolled in the same political party as the judge of probate whose term is vacant.
In making the appointment, the Governor shall choose from any recommendations submitted to the Governor by the county committee of the political party from which the appointment is to be made. [PL 1995, c. 683, §1 (AMD).]
Judges of probate in the several counties are entitled to receive annual salaries as set forth in Title 30‑A, section 2 . [PL 1995, c. 245, §1 (AMD).]
The fees to which judges of probate are entitled by law must be taxed and collected and paid over by the registers of probate to the county treasurers by the 15th day of every month following the month in which they were collected for the use of their counties with the exception of the fees provided in section 304 , which must be retained by the judge who collects those fees in addition to the judge's salary. [PL 1995, c. 245, §1 (AMD).]