Justice

Disability. — (a) During Trial. If by reason of absence, death, sickness, or other disability the justice before whom a jury trial has commenced is unable to proceed with the trial, any other justice assigned thereto by order of the Presiding Justice, upon certifying that justice has familiarized himself or herself with the record of the trial, may proceed with and finish the trial. Page 26 of 47 February 2024 (b) After Verdict or Finding of Guilt. If by reason of absence, death, sickness, or other disability the justice before whom the defendant has been tried is unable to perform the duties to be performed by the court after a verdict or finding of guilty, any other justice assigned thereto by order of the Presiding Justice may perform those duties; but if such other justice is satisfied that the justice cannot perform those duties because the justice did not preside at the trial or for any other reason, such other may in the justice's discretion grant a new trial.