As other probate courts show deficits, local court returns a surplus

CORNWALL — Most people think of probate court as the place where wills and other money matters are settled. But there is also a vital people-oriented aspect that deals with conservatorships and family matters. The decisions made by local probate courts can be huge, from deciding where and with whom a child will live to who will make medical decisions for someone who cannot do so for themselves. Children, the elderly, the mentally ill and developmentally challenged rely on careful decisions made by probate judges.

But the system is in its fifth deficit year. The shortfall for the current fiscal year is $3.4 million. The next two years are projected to bring a total shortfall of $9 million.

The good news here is that the Northwest Corner Probate District — North Canaan, Falls Village, Sharon, Salisbury, Cornwall and Norfolk — remains in good shape. The court, located in the North Canaan Town Hall, is not only solvent, it sent a $100,000 surplus to the state last year.

Judge Charlie Vail said the issue, simply put, is that a few courts are a huge drain on the statewide system.

Each court is set up to cover its own costs through fees collected for the work it does. Courts are also assessed for a share of administrative and health benefit costs.

“The state constitution requires an attorney be appointed for any person subject to having their rights curtailed. And anyone who is indigent does not have to pay,� Vail said. “The problem is that the smallest courts, which can’t charge enough to meet their expenses, and the biggest courts, which have so many indigent cases, are a huge drain on the system.�

It is also a very political issue, Vail said.

“Many towns don’t want to give up their autonomy. But our court is like the poster child for how you can make things work. Combining the courts was very successful. We’ve had no complaints.�

The proposed financial restructuring was detailed in a Jan. 13 letter from Probate Court Administrator Judge Paul Knierim to Gov. M. Jodi Rell. He began by stating that without intervention “the probate system will be insolvent and unable to meet its financial obligations by mid-year 2010.�

The probate system is currently 92 percent self-funded. In the current fiscal year, it has had to seek appropriations of $2.5 million for children’s cases and $25,000 for indigent cases. The latter is growing, and expected to continue to do so as the economy worsens.

Key among the proposed changes is a revamped compensation plan more closely based on population and court workload. It is expected to save $530,000 in its initial year, and keep judges pay in line with the amount of work they do. But most changes won’t occur until after January 2011, when the current four-year judicial term expires.

Accounting for the courts would be centralized, a change from the current independent system. A committee would establish system-wide guidelines for staff salaries and office expenses.

Two incentives are offered to promote voluntary court consolidation. Towns would receive a one-time grant to senior centers at $2 per capita, up to $50,000. An enhanced early-retirement incentive would be offered to eligible judges.

Nine regional planning committees would be formed to assist in establishing district courts that mirror the needs of a particular area.

Sharing of courts here actually goes way back to when the town of Canaan split into the two towns of Falls Village and North Canaan. A combined court remained in North Canaan. Even before that, a district court was based in Sharon.

The redistricting in 2005 offered the advantage of having a single full-time court, rather than several offices open only occasionally. That made for better availability for attorneys and clerks, Vail said.

He was one of the more than 80 percent of judges attending a Jan. 6 Probate Assembly who voted in favor of the proposal.

The only thing Vail won’t support is expansion of the Northwest district.

“We serve a population of 14,000, which is very workable. There is talk of expanding district courts to 30,000 or more. It’s a geographical issue for me. Right now, it’s a 40-minute drive from one end of the district to the other. People have to drive far enough around here to get to doctor’s appointments and shopping. We have attorneys and clerks who use the court on a regular basis. No one should have to drive farther than that to conduct their regular business.�

The proposal is expected to come up for a vote during the current legislative session.

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