Governor M. Jodi Rell today announced she has signed into law House Bill 6385, landmark legislation that reforms the state’s 300-year probate court system, allowing the courts to become self-sustaining and more efficient through consolidation and centralized accounting and new professional standards requiring judges to be experienced attorneys.
“This new law creates a system that is more responsive to the needs of people who need probate court services when they are already going through very difficult periods in their lives,” Governor Rell said. “Too many families have suffered too many abuses at the hands of the old system – compounding their misery at times when they are most vulnerable, while grieving the loss of a loved one.
“We can now offer our citizens a restructured court system that will be responsible and sensitive to their needs -- professional, still locally based, but more efficient and cost-effective,” the Governor said. “Probate reform was one of the key initiatives in my budget proposal and I am pleased that these long-overdue changes are now the law of the land.”
The Governor led a bipartisan effort to reform the near-bankrupt system, largely funded by fees courts collect and approximately $2.5 million in state aid each year. Connecticut probate courts were facing a potential deficit of at least $5 million in 2011, when most of the new reforms take effect and at the end of existing elected judges’ four-year terms.
Probate courts have broad jurisdictions over a number of family matters. In addition to helping survivors settle estates, they decide parental rights and guardianship for the mentally ill or developmentally disabled.
Effective January 5, 2011, the old revenue system will be replaced with one based on population and workload in which the judge’s compensation will be paid directly from a Probation Court Administration Fund, overseen by the State Treasurer’s Office.
The new law requires that the State Treasurer give an annual financial accounting of the Probate Court Administration Fund by October 1 to the Governor and the Legislature’s committees of cognizance.
Other provisions of the bill include:
· Consolidating courts from 117 to 44 to 50. Redistricting will be recommended by a bi-partisan commission if probate judge cannot agree on final number of courts.
· Centralizing accounting and payroll functions in the Office of the Probate Court Administrator
· Courts to operate 40 hours a week
· All new judges will be attorneys, members in good standing with the Connecticut Bar for not less than 10 years and residents of their districts
· Judges would continue to be elected
The Governor said a bipartisan commission, known as the Probate Assembly, will recommend redistricting by September 15, 2009 if probate judges cannot agree on the final number courts. The Probate Assembly will be composed of two gubernatorial appointments, 10 Legislative appointments and the Probate Court Administrator, acting as a nonvoting, ex-officio member. The law requires that the Assembly’s redistricting plan be acted on in a special fall Legislative session.
“This law makes sound, sensible changes to a system that nearly everyone one of us may have to use someday,” Governor Rell said. “The cost-savings to the state will be tremendous, but more important is the just manner in which families should expect to be treated and heard.”
