AN ACT CONCERNING PROBATE COURT REFORMS.

Effective January 5, 2011, the bill alters the way probate court judges are compensated by eliminating the current system primarily based on court revenue and instead establishing a system based on population and workload.

The bill requires that the compensation of judges in office on January 4, 2011, for a term beginning January 5, 2011 and ending January 6, 2015, be at least 80% of the average annual compensation the judge received for the three-year period from January 1, 2008 to December 31, 2010.

The bill centralizes control over the operation of each probate court by requiring the Probate Court Administrator to establish a Probate Budget Committee that must establish (1) a compensation plan, which includes employee benefits, for probate court employees; (2) staffing levels for each probate court; and (3) a miscellaneous office budget for each court. The bill makes these binding on the probate courts.

The bill requires the Probate Court Administrator to establish a planning committee for each of nine probate regions he establishes. It requires the committees to seek opportunities to consolidate probate courts into regional probate districts, and to submit a report to the Judiciary and Appropriations committees by November 15, 2009 containing their recommendations for creating regional probate districts by January 5, 2011. It also establishes certain retirement incentives for probate judges and probate court employees.

It permits Superior Court judges to refer certain appeals from probate court to special assignment probate judges.

The bill appropriates to the Office of the Probate Court Administrator's Office from the General Fund, $ 4,000,000 for the fiscal year ending June 30, 2010, and $ 8,400,000 for the fiscal year ending June 30, 2011, to cover expenses of people who use the probate court system who are otherwise unable to pay, and for the cost of probate court retirees' health insurance (§ 15).

EFFECTIVE DATE: January 5, 2011 except the provisions dealing with retirement incentives, the authority of the Probate Court Administrator to adopt certain regulations, compensation of judges who leave office or die while serving in office, probate budget committees, probate court planning committees, and the appropriation, which become effective upon passage; the provisions dealing with the Probate Court Administrator's authority to make transfers from the Probate Court Administration Fund to a probate court, and the duty of each probate court to remit all fees, costs, and other income it receives to the state treasurer for the Probate Court Administration Fund, which become effective on January 1, 2011; and the provision eliminating the right of a person who is appealing from a probate court decision to get a correcting amendment from the court appealed from, which becomes effective October 1, 2009.

Effective January 5, 2005, the bill eliminates the current method of compensating probate court judges, which is primarily based on the fees the court collects, and replaces it with a new system based on population and workload in which a judge's compensation will be paid directly from the Probate Court Administration Fund.

The bill requires that each probate court remit all fees, costs, and other income it receives to the state treasurer to be credited to the Probate Court Administration Fund. (§ 8)

Under current law, the funding of the probate courts, including the compensation of judges, is derived from the statutory fees charged to the users of the court. From these fees, the judge must pay the costs of operating the court, including staff salaries, but excluding the judge's compensation. The net income, after payment of those expenses, is applied to a statutory formula that determines the amount of the assessment the judge must pay into the Probate Court Administration Fund, administered by the treasurer. The judge keeps the balance as compensation. Currently, compensation ranges from under $ 10,000 to the maximum of $ 110,085. Under current law the maximum amount a probate judge may receive may not exceed 75% of the compensation of a Superior Court judge.

Under current law if any probate court receives income that is insufficient to meet the court's reasonable and necessary financial needs, including the salaries of the judge and the judge's staff, the probate court administrator must transfer from the probate court administration fund whatever he or she determines to be reasonable and necessary to properly administer that court. Also under current law, each judge asking for financial assistance must file with the probate court administrator a sworn statement showing the actual gross receipts and itemized expenses of the judge's court and the amount requested, together with an explanation.

The bill instead directs the probate court administrator to transfer whatever funds he or she deems reasonable and necessary to meet each court's needs including salaries for the judge and his or her staff.

The bill eliminates the authority of the probate court administrator to advance temporary funding in the form of a loan for the of the operation of a probate court from the Probate Court Administration Fund for certain reasons (§ 16).

The bill establishes 10 classes or “bands” of probate courts. The classification is based on the district's population and its annual weighted workload.

The bill specifies that “population” is the population reported in the State Register and Manual for the immediately preceding calendar year. “Annual weighted-workload” means the annual weighted-workload for the immediately preceding fiscal year as defined by regulations the probate court administrator adopts pursuant to the bill.

The bill defines a “Band 1 probate district” as a probate district that has a population of 4,999 or fewer people.

The bill requires compensation of probate court judges to be determined by applying a certain percentage to the salary of a Superior Court judge. The percentages range from 10% for a band 1 probate district to 75% for a band 10 district. The percentages are specified in Table 1. The salary of a Superior Court judge is $ 146,780.

The bill requires probate judges who serve in a district that consists of at least four towns to be compensated at a band one level higher than the band the judge otherwise would be placed in. Thus, for example, a judge in a band 3 district that consists of four or more towns would receive 35%, instead of 30%, of a Superior Court judge's salary.

Probate judges in office at any time from January 5, 2011 to January 6, 2015, may receive compensation that is greater than the average annual compensation for a judge serving in such a district for the three-year period from January 1, 2008, to December 31, 2010. This does not apply to the compensation of a judge whose district results from a merger that becomes effective on January 5, 2011.

Under the bill, no probate judge in office on January 4, 2011, may, for the term of office beginning January 5, 2011, and ending January 6, 2015, receive compensation that is less than 80% of the average annual compensation for a judge of probate serving in that probate district for the three-year period from January 1, 2008, to December 31, 2010. This does not apply to a judge whose district results from a merger that becomes effective on January 5, 2011, or to a person first elected to serve as a judge for a term beginning on or after January 5, 2011.

The bill requires that for any calendar year, the compensation of any judge who assumes office or ceases to hold office must be determined by multiplying the judge's annual compensation determined in accordance with the bill by a fraction with the number of days served during the calendar year as the numerator and 365 as the denominator.

Under current law, if a probate judge leaves office or dies while in office, the judge's successor must pay to such judge or the personal representative of a deceased judge an amount representing the accounts receivable for payments due the court as of the date of separation or death. Determination of the basis for such accounts receivable including computation for work in process must be made in accordance with regulations issued by the probate court administrator.

Under current law, deductions may be made for costs to collect the amount due the court, and any expenses directly attributable to the outgoing judge's or deceased judge's term of office paid by the successor judge.

The bill limits these requirements to any judge in office on or before January 4, 2011. The bill specifies that these requirements do not apply to a judge who is first elected on or after January 5, 2011, or who resumes office after a break in service on or after January 5, 2011.

On and after January 5, 2011, any payments due a judge who leaves office or dies in office must be paid from the Probate Court Administration Fund.

The bill requires the probate court administrator to establish a Probate Budget Committee consisting of the probate court administrator and two probate judges appointed by the Probate Assembly. The probate court administrator must serve as chairperson.

The bill makes the plan, staffing level, and budget binding on each court of probate and requires the probate court administrator to administer it.

The law authorizes the probate court administrator to issue and enforce regulations binding on probate courts concerning the following matters for the administration of the probate court system: (1) auditing, accounting, statistical, billing, recording, filing, and other court procedures; (2) reassigning and transferring cases; (3) training of court personnel and continuing education programs for judges of probate and court personnel; and (4) enforcing the provisions of the law dealing with the probate court administrator's powers and duties and the regulations issued pursuant to law, including, but not limited to, recovery of expenses associated with any such enforcement, as permitted by such regulations.

This bill expands the probate court administrator's authority to include adopting regulations concerning:

1. remitting funds received by the probate courts under the bill to the Probate Court Administration Fund;

2. administering the compensation plan the bill establishes;

3. establishing staffing levels for the courts;

4. developing and approving miscellaneous office budgets for the probate courts; and

5. expending funds from the Probate Court Administration Fund for these four additional areas of authority. (see BACKGROUND)

The bill requires the probate court administrator to establish a Probate Court Planning Committee for each of the nine probate regions the administrator establishes.

1. each judge from the probate region;

2. three clerks of probate from among the probate districts within the probate region, each of whom must be appointed by the Connecticut Association of Probate Clerks;

3. the chief executive officer of each municipality in the probate region, or his or her designee;

4. two attorneys residing in the probate region, one appointed by the Connecticut Bar Association's executive committee of the Estates and Probate Section, and one appointed by the executive committee of the Elder Law Section;

5. one member appointed by the Connecticut Council of Small Towns;

6. one member appointed by the Connecticut Conference of Municipalities; and

7. five members of the public, one each appointed by the Governor, the president pro tempore of the Senate, the House speaker, and the minority leaders of the Senate and House.

The probate court administrator or the administrator's designee must be an ex-officio member of each committee without the right to vote. The regional coordinator for each probate region must chair each committee. The probate court administrator must coordinate the activities of, and provide administrative support to, the planning committees.

Each planning committee must look for opportunities to establish local regional probate districts to increase public access to the courts, considering, among other things,

1. the availability of municipal facilities for a court in a regional probate district,

2. communities of interest among the municipalities that might join or form a regional probate district, and

3. populations served.

Each probate court planning committee must submit a report to the Judiciary and Appropriations committees by November 15, 2009 that contains the planning committee's recommendations for creating local regional probate districts by January 5, 2011.

Under current law, a probate judge in office on or after October 1, 1997, whose district is merged with another probate district and who has not been elected to a term which begins at the time of, or after the consolidation, may choose to receive up to

The bill increases the incentive option from up to four years to up to six years credited service or a reduction in retirement age, or a combination of both that does not exceed a total of six years for a probate judge in office on or after the bill's passage, but before January 5, 2011, whose probate district is merged with another district or eliminated on or after the bill's passage but before January 5, 2011, and who is not subsequently elected as a probate judge. The bill maintains the incentive back at four years for a judge in office on or after January 5, 2011, whose probate district is merged or eliminated on or after January 5, 2011, and who is not subsequently elected as a probate judge.

The bill allows a judge to elect to receive retirement benefits at any time once the judge becomes eligible to retire and receive the benefits. It specifies that a judge (1) entitled to receive benefits does not have to elect to retire at the time of a merger or elimination affecting the judge's probate district, and a judge (2) is not disqualified from receiving benefits because of his or her employment, after the district merger or elimination, in a probate court in a capacity other than as a judge.

1. up to six years credited service or a reduction of retirement age or both, for employees of a probate court who are employed on or after the bill's passage with a probate court that is merged or eliminated before January 5, 2011 and who is not subsequently employed by another probate court; and

2. up to four years for employees who are employed on or after January 5, 2011 with a court that is merged or eliminated on or after January 5, 2011 and who are not subsequently employed by another probate court.

The law allows anyone aggrieved by a probate court decision to appeal to the Superior Court.

With certain exceptions the bill establishes, the bill allows the Superior Court to refer appeals from a probate court decision to a special assignment probate judge assigned by the probate court administrator for the purposes of such appeals, except that any party may file a demand in writing with the Superior Court that such appeal be heard by the Superior Court. (see BACKGROUND) Any demand must be filed within 20 days after the return date. (A return date in a civil legal proceeding is the date from which all other dates and deadlines for that proceeding are calculated. )

The bill requires that an appeal referred to a special assignment probate judge must proceed in accordance with the rules for referrals set forth in the rules of the judges of the Superior Court, except that the appeal must be de novo and be heard on the record. “De novo” generally means the judge hearing the appeal takes an independent look at the evidence.

The bill specifies that appeals from the following matters may not be referred to a special assignment probate judge:

1. commitment of mentally ill children (CGS §§ 17a-75 to 17a-83);

2. placement of any person found to be mentally retarded with the Department of Developmental Services for placement in any appropriate setting (CGS § 17a-274);

3. commitment of people with psychiatric disabilities (CGS §§ 17a-495 to 17a-528);

4. procedures governing medication, treatment, psychosurgery, and shock therapy (CGS §17a-543);

5. administration of medication to criminal defendants placed in the custody of the commissioner of mental health and addiction services (CGS § 17a-543a);

6. application for involuntary commitment (CGS § 17a-685 to 17a-688);

7. guardianship matters, termination of parental rights, adoptions, claims for paternity, emancipation, and voluntary admission to the Department of Children and Families of any child or youth who could benefit from any of the services offered by or administered by or available to the department (CGS § 45a-8a);

8. conservators (CGS §§ 45a-644 to 45a-684);

9. guardians of persons with mental retardation (CGS § 45a-688 to 45a-684):

10. sterilization (CGS § 45a-690 to 45a-700); and

11. any matter in a probate court heard on the record (CGS §§ 51-72 and 51-73).

The bill requires that in an appeal heard by a special assignment probate judge, a fee of $ 250 is payable at the time of filing to the probate court from which the appeal is taken.

Under current law, if there is any defect in the form of an appeal taken to the Superior Court from a probate court decision, the person who is appealing may obtain from the Probate Court an amendment to the appeal correcting the defect, as long as the order for amendment is granted within 90 days after the date of the order, denial, or decree of the probate court from which the appeal was taken. The bill eliminates this right to get a correcting amendment.

By law, either the probate court administrator or the executive committee of the Connecticut Probate Assembly may propose regulations the law authorizes the probate court administrator to adopt. Any regulation proposed by the probate court administrator must be submitted to the executive committee of the Connecticut Probate Assembly for approval. Any regulation proposed by the executive committee of the Connecticut Probate Assembly must be submitted to the probate court administrator for approval. If either the probate court administrator or the executive committee of the Connecticut Probate Assembly fails to approve a proposed regulation, it may be submitted to a panel of three Superior Court judges appointed by the Chief Justice of the Supreme Court. The panel must either approve or reject the proposed regulation (CGS § 45a-77(c)(1)).

The law also requires that any proposed new regulation and any change in an existing regulation be submitted to the Judiciary Committee for approval or disapproval in its entirety. If more than one proposed new regulation or change in an existing regulation is submitted at the same time, the committee must approve or disapprove all such proposed new regulations and changes in existing regulations in their entirety (CGS § 45a-77(c)(2)).

Effective January 1, 2007, each judge of the Superior Court, receives $ 146,780 per year in compensation (CGS § 51-57(4)(G)).

The law requires that special assignment probate judges be appointed by the Chief Justice of the Supreme Court, on nomination by the probate court administrator, from among the judges of probate. A nominee must have demonstrated the special skill, experience, or expertise necessary to serve as a special assignment probate judge. The law requires the probate court administrator to issue regulations to establish requirements concerning the responsibilities of special assignment probate judges and the number, geographic distribution, and expertise of such judges. A special assignment probate judge serves at the Chief Justice's pleasure (CGS § 45a-79b).

HB 6385, which the Judiciary Committee favorably reported out, changes the way in which probate court judges are compensated, replaces the 117 probate court districts with 36, and makes other significant to the probate court systems.

HB 6625, which was favorably reported out by the Judiciary Committee, changes the way a probate judge's minimum salary can be computed.

*Band*	*Percentage of Superior Court Judge's Salary*	*Probate Judge's Salary under the Bill based on Current Superior Judge's Salary*
1	10%	14,678
2	20%	29,356
3	30%	44,034
4	35%	51,373
5	40%	58,712
6	45%	66,051
7	50%	73,390
8	55%	80,729
9	65%	95,407
10	75%	110,085