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September 24, 2009

Senate Approves Historic Change In Probate Court; Consolidating from 117 to 54 Local Courts
By: Christopher Keating
Reprinted from The Hartford Courant

In a historic move, the Senate voted Thursday afternoon for the first sweeping realignment of the state's probate court system in more than 300 years.

The Colonial-era system, which dates back to the late 1600s, was starting to run out of money because of the salaries and benefits being paid to judges and their staffs around the state. The current 117 courts will be reduced to 54.

The changes were approved, 33 to 2, on a bipartisan basis. Senate Republican leader John McKinney of Fairfield and Sen. Tony Guglielmo of Stafford Springs voted against the bill, and Sen. John Kissel of Enfield was absent for the vote.

"Our goal is to make the probate court system more effective and more efficient,'' said Sen. Andrew McDonald, a Stamford Democrat. "This was no easy task, but it was certainly a necessary one.''

The Senate began its debate on the day after the House of Representatives approved the changes in an overwhelming vote on a bipartisan basis. The bill was immediately transmitted to Republican Gov. M. Jodi Rell, who is expected to sign it.

"I really do think this is a historic day in the state of Connecticut,'' said Sen. Paul Doyle, a Wethersfield Democrat. "I think it made a good bill better. ... This bill would not be before us except for these difficult times. It was time to correct this system. The financial bleeding was too much.''

Currently, probate judges do not have to be attorneys - and many of them are not. Going forward, the non-attorney judges will be grandfathered in, but incoming judges must be attorneys.

"I really don't think we would be here but for our new probate court administrator, Paul Knierim,'' Doyle said.

A former legislator, Knierim is known for his low-key manner that helped lead to a bipartisan compromises.

Sen. Andrew Roraback, a Goshen Republican, said that several probate judges in his district were aghast that some of the new probate districts would be far beyond the minimum of 40,000 residents. For example, seven towns that stretch from Roraback's hometown of Goshen to Hartland would be combined in one district.

Roraback then asked all 36 senators to raise their hand if they had ever been to Hartland, which Roraback said was "a long ways from anywhere.'' Only one senator - Sen. Kevin Witkos - raised his hand, and he represents that town in the Senate. Hartland residents would need to drive 25 miles to Torrington in order to reach the new probate court, Roraback said.

Saying that the drive to Torrington would be a hardship, Roraback offered an amendment to create one more district - meaning 55 courts, instead of 54 courts.

But Doyle responded that many legislators would like to add additional courts.

"Not everyone is happy with this proposal,'' Doyle said in opposing Roraback's amendment. "A lot of the consolidations are tough on a lot of us. However, a lot of effort went into this 54-district map.''



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