Sec. 45a-79a. Probate Court Administrator's powers re deficiencies in court conduct or facilities. Hearings. Regulations. Appeals.
Sec. 45a-79a. Probate Court Administrator's powers re deficiencies in court
conduct or facilities. Hearings. Regulations. Appeals. (a) If the Probate Court Administrator determines that the business of a court of probate has not been conducted in
accordance with law or the regulations issued pursuant to section 45a-77, or that the
business of a court of probate is not being conducted properly or with expeditious dispatch, or that suitable court facilities are not being provided for a court of probate in
accordance with subsection (a) or (b) of section 45a-8, the Probate Court Administrator
may meet with the judge of such court in an effort to correct any such deficiencies. If
the Probate Court Administrator determines that action under this section is warranted,
the Probate Court Administrator shall give written notice of his or her determinations
made under this subsection, and the reasons therefor, to the judge of such court. The
Probate Court Administrator shall include with such notice the Probate Court Administrator's proposed disposition of the matter, which may include one or more of the following actions: (1) Reassignment of any case pending before such court to a special assignment probate judge or to another judge of probate by means of a citation in the manner
provided in section 45a-120; (2) designation of a special assignment probate judge to
assist the judge of such court in conducting the business of such court; or (3) recovery
of expenses associated with any of such actions, as permitted by regulations issued
pursuant to subdivision (1) of subsection (b) of section 45a-77.
(b) (1) Not later than ten business days after receiving written notice as provided
in subsection (a) of this section, a judge of probate who is the subject of an action of
the Probate Court Administrator under this section may file with the Probate Court
Administrator a request for a hearing before a review panel. The review panel shall
consist of (A) a judge of probate selected by the Probate Court Administrator, (B) a
judge of probate selected by the judge who is the subject of the action, and (C) a judge
of probate jointly selected by the judges who have been selected under subparagraphs
(A) and (B) of this subdivision, except that if such judges are unable to make a joint
selection, the judge of probate required under this subparagraph shall be selected by the
Chief Justice of the Supreme Court.
(2) Not later than fifteen business days after the filing of a request for a hearing
under subdivision (1) of this subsection, the review panel shall hold a hearing on the
Probate Court Administrator's determination and proposed disposition of the matter.
The Probate Court Administrator and the judge who is the subject of the action shall
have a right to be heard and present evidence at the hearing. The Probate Court Administrator shall have the burden of proving that such judge received written notice as required
by subsection (a) of this section. After the hearing, a majority of the members of the
review panel may affirm, dismiss or modify the Probate Court Administrator's determination and proposed disposition of the matter under subsection (a) of this section. Either
the Probate Court Administrator or such judge may request that the matter be heard on
the record under sections 51-72 and 51-73.
(c) (1) Except as provided in subdivision (2) of this subsection, if a timely request
for a hearing is not filed under subdivision (1) of subsection (b) of this section by the
judge who is the subject of the action, the Probate Court Administrator's proposed
disposition of the matter under subsection (a) of this section shall take effect immediately
upon the expiration of the ten-business-day period set forth in subdivision (1) of subsection (b) of this section.
(2) If the Probate Court Administrator, in consultation with the Chief Court Administrator, determines that, with respect to a pending case, an emergency exists due to the
fact that a probate matter has not been conducted with expeditious dispatch within the
proper time frames prescribed by law, rules of the courts of probate or regulations issued
pursuant to subdivision (1) of subsection (b) of section 45a-77, the Probate Court Administrator's proposed disposition of the matter under subsection (a) of this section shall
take effect when the judge who is the subject of the action receives notice as provided
in subsection (a) of this section. Such proposed disposition shall be subject to such
judge's right to a hearing and the decision of the review panel under subsection (b) of
this section, provided the validity of any order or decree made, proceeding held or other
action taken by a special assignment probate judge or another judge of probate pursuant
to such proposed disposition when an emergency exists due to the fact that a matter has
not been conducted with expeditious dispatch, as provided in this subdivision, shall not
be affected by any subsequent decision of the review panel under subsection (b) of this
section.
(d) The Probate Court Administrator shall issue regulations pursuant to subdivision
(1) of subsection (b) of section 45a-77 concerning rules of procedure for the conduct
of any hearing before a review panel under this section. Such rules of procedure shall
address: (1) The notice of the Probate Court Administrator's determination and reasons
therefor under subsection (a) of this section; (2) the content of a request for a hearing
and any notice of hearing; (3) hearing procedures; (4) evidence; (5) subpoenas; (6) the
production of documents; (7) continuances; (8) intervenors; (9) the hearing record; and
(10) the right to cross-examine, present arguments and inspect and copy relevant materials.
(e) Any judge of probate who is aggrieved by any decision under this section may
appeal such decision to the superior court for the judicial district in which the probate
district of such judge is located. An appeal under this subsection shall be taken within
thirty days of such decision. Appeals from any such decision rendered in any case after
a record is made under sections 51-72 and 51-73 shall be on the record and shall not be
a trial de novo. In any such appeal, the court may grant such relief as the court determines
to be appropriate.
(P.A. 07-184, S. 12.)
History: P.A. 07-184 effective July 1, 2007.