Local Judges Voice Concern on Probate Court Restructuring

A plan to overhaul the probate court system is raising concerns among judges in Darien and New Canaan, whose courts are to be combined.

Starting in January, probate courts in the state of Connecticut will undergo a massive restructuring, combining the 117 probate courts that currently exist into just 54.

"I think it's going to be a very significant challenge," said Darien Probate Court Judge John Rearden, who voted against the redistricting of the probate courts.

"To put these courts together and to get them running smoothly is going to take a lot of time and a lot of effort on the part of the new judge and I think administratively it's going to be very difficult to get that done," he continued. "This is a big deal."

Beginning Jan. 5, the probate courts of New Canaan and Darien will be merged into one. The change has New Canaan's current probate court judge, Russell Kimes, wondering about the motivations behind the redistricting.

"You will have, I think, a handicap beginning in January," Kimes said. "After 350 years, the state has decided to control probate courts centrally… It's a control thing, state government likes to be in control."

According to the state-appointed Probate Court Budget Committee, the restructuring of probate courts will have saved the state $4 million by the end of the 2011-12 fiscal year. Costs for the restructuring are estimated at nearly $1.5 million.

However, despite the saved money, other probate court judges fear redistricting will diminish the court's community appeal.

"You're just not going to get the personal community service you did in the past, at least in many of the communities throughout Connecicut," said Redding Probate Court Judge Richard Emerson, whose district will balloon from 8,000 residents to 80,000 when it combines with Bethel, Newton and Ridgefield.

"I'm concerned the personal and community aspect of the probate court may be lost going forward," Emerson added. "You'll have a much busier court and the clerks aren't going to be able to spend the time they do now, at least in the smaller towns."

Apart from an increased workload, incoming probate judges must also restructure their staffs, which could lead to layoffs.

Still, Probate Court Administrator Judge Paul J. Knierim, who played an active role in the push for redistricting, believes the changes were made with everyone's best interests in mind.

"Our hope is that the best features of the probate courts are preserved and even improved," Knierim said. "I won't say the outcome is perfect—it's hard to achieve perfection in any redistricting scenario—but I think the redistricting process was done with a great deal of sensitivity to establishing courts in communities that have common interests and common goals."

As for New Canaan attorneys who deal with the probate court as part of their job, having the combined court located in Darien may mean more money spent on gas.

"It will be more inconvenient for people in New Canaan," said Attorney Sperry De Cew, who has more than 35 years of experience with the probate court. "It means I have to go further to attend a hearing."