(A) Disability and unavailability after the trial or hearing. The judge who presides at the trial of a cause or a hearing at which evidence is received shall, if available, hear motions and make all decisions and rulings required to be made by the court relating to the evidence and the conduct of the trial or hearing after the trial or hearing is concluded. If the judge before whom the trial or hearing was held is not available by reason of death, sickness, absence or unwillingness to act, then any other judge regularly sitting in the judicial circuit or assigned to the cause may perform any of the duties to be performed by the court after the verdict is returned or the findings or decision of the court is filed; but if he is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial or new hearing, in whole or in part. The unavailability of any such trial or hearing judge shall be determined and shown by a court order made by the successor judge at any time. (B) Judge pro tempore in case of disability, unavailability, or neglect.(1) When a judge of a court submits a verified petition and supporting proof to the Supreme Court stating that the judge is or will be unable to perform the duties of the office because of disability or other basis (e.g., order to military active duty), the Supreme Court shall promptly consider the petition. (2) When a person submits a verified petition to the Supreme Court stating that a judge of a court (a) is unable to perform the duties of the office because of disability or (b) has failed, refused, or neglected to perform these duties, the Supreme Court shall issue an order to the judge, accompanied by the petition, requiring the judge to show cause as to why a judge pro tempore should not be appointed to perform the duties of the office. The order shall set a date for response and indicate that the judge may request a hearing. The order may include a date for such a hearing on or after the date set for response. The order shall be served at least ten (10) days before the date set for response. (3) If the Supreme Court is satisfied that a petition submitted under subsection (1) or (2) should be granted, it shall appoint a full-time judge pro tempore to perform the duties of the office until (a) the term of the office is ended, (b) the office becomes vacant, or (c) the judge’s ability to resume those duties is established. (4) A judge who seeks to resume the duties of the office shall submit a verified petition and supporting proof to the Supreme Court. The judge may request a hearing on the petition. (5) The Supreme Court may order a judge who has submitted a petition under subsection (1) to demonstrate that the judge is or remains unable to perform the duties of the office. (C) Qualifications and authority of a judge pro tempore. Any judge appointed under this or any other rule or law shall be an attorney in good standing at the bar of the Supreme Court of this state. In the event the Supreme Court of the state shall appoint a judge pro tempore under these provisions, a duly certified copy of the order and judgment of appointment of such judge pro tempore, attested by the chief justice, shall be issued to the person so appointed. If the person so appointed consents to serve, he shall be qualified as other judges are qualified. A certified copy of the order and judgment of appointment shall be filed with the clerk of the named court and entered in the appropriate records of said court. The person so appointed and qualified as a judge pro tempore shall perform the duties of the regular judge of the court, but always shall be subject to the continuing jurisdiction of the Supreme Court. In the event any judge pro tempore, appointed under the provisions of this rule shall fail to qualify and assume the duties of the regular judge of such court, or in the event such judge pro tempore fails to conduct the business of the court as provided by law, the clerk of the court shall notify the Supreme Court in writing of this fact. Upon the receipt of such notification, the Supreme Court may take such action in the premises, in order to further the administration of justice, as such court may deem to be necessary and just. (D) Compensation of judge pro tempore. A judge pro tempore appointed by the Supreme Court under this rule shall receive a salary computed at the same rate as the regular judge commencing from the date he qualifies. A judge pro tempore appointed locally shall be paid twenty-five dollars $25.00 for each day or part thereof actually served. The judge pro tempore shall be paid out of the respective county, city or town general fund, without an appropriation therefor, upon allowance by the board of county commissioners of the county or council of the city or town in which the court is located. If he is appointed locally, the judge pro tempore shall present a claim to the board of county commissioners specifying the number of days or parts of days actually served, which claim shall be verified by the clerk of the court and the board shall allow the claim. If he is appointed by the Supreme Court, the judge shall present a claim to the board with a copy of his appointment from the Supreme Court, a statement showing the date of his qualification verified by the clerk and a request that he be paid in the same manner thereafter as a regular judge, and thereafter he shall be paid in the same manner as a regular judge. Nothing herein shall be construed to diminish in any manner the compensation of any regular judge so long as such regular judge continues in office. (E) Judge pro tempore when judge is unable to attend. A judge who is unable to attend and preside at his court for any cause may appoint in writing a judge pro tempore to conduct the business of this court during his absence. The written appointment shall be entered in the records of the court. When duly sworn, or without being sworn if he is a judge of a court of this state, the judge pro tempore shall have the same authority during the period of his appointment as the judge he replaces. A judge appointed under this provision must meet the qualifications prescribed in subdivision (C) of this rule. Such judge shall be allowed the sum of $25.00 for each day or part thereof actually served, per diem as provided in Rule 79(P) and in the manner provided by subdivision (D) of this rule. In his absence or when he shall be unable to make such appointment, the appointment may be made by the clerk of his court, or the deputy clerk assigned to his court or in his absence by any available county officer.
