PROBATE COURTS AND DECEDENTS' ESTATES
JUDGES OF PROBATE AND THEIR JURISDICTION
Disqualifications and Vacancies
547:19-a Retirement Due to Disability.
Notwithstanding any other provisions of law, any judge of probate who shall become unable to perform his duties because of permanent disability shall be retired from regular active service on the bench for the remainder of his term. Any such judge who desires to retire because of inability to perform his duties shall certify to the governor and council his disability to perform his duties. If they find him unable to perform his duties because of permanent disability, the governor and council shall order his retirement from regular active service. If a judge of probate who is permanently disabled to perform his duties shall be unable or unwilling to certify his disability, any three justices of the probate court shall certify in writing his disability to the governor and council, who shall, if they find him after due notice and hearing, unable to perform his duties because of permanent disability, order his retirement from regular active service. The governor and council upon retirement of any such judge of probate as provided herein shall appoint a successor to serve out the remainder of the term. Any judge of probate who has served in such capacity for a period of at least ten years in said office, retired from regular active service because of permanent disability, shall receive during the remainder of his term a salary equal to one-half the salary being paid to him at the time of his retirement, except in case of his election to take other retirement benefits as hereinafter provided. Any judge retired from active regular service under the provisions hereof who is also a member of the state employees' retirement system or the New Hampshire retirement system shall be entitled to retire with disability benefits under either of said systems, upon notification to the retirement board. If, however, said judge elects to take payments under the provisions of this section he shall thereby forfeit all rights to any benefits provided under said employees' or New Hampshire retirement system.
Source. 1969, 346:1, eff. Aug. 29, 1969.