Sec. 45a-8. (Formerly Sec. 45-12). Probate Court facilities. Minimum standards. Failure to provide suitable facilities. Consolidation, separation and creation of probate districts. - Connecticut Statutes

      Sec. 45a-8. (Formerly Sec. 45-12). Probate Court facilities. Minimum standards. Failure to provide suitable facilities. Consolidation, separation and creation of probate districts. (a) The town or towns comprising each probate district shall provide court facilities meeting the minimum standards required by this section. If a probate district consists of more than one town, the expense shall be allocated to the towns in proportion to their grand lists last perfected. Such court facilities shall include: (1) Office space appropriate for the conduct of judicial business, including (A) a room for the judge of probate sufficient in size for ordinary matters in which judicial proceedings may be conducted in private, (B) a separate room for the court staff, and (C) on a prearranged basis, access to a larger hearing room for the conduct of unusually large court hearings; (2) furniture and furnishings appropriate to a court facility; (3) use and maintenance of a copying machine and the necessary supplies; (4) use and maintenance of court record systems and equipment, including such record books and electronic, digital, microfilming or similar systems required to maintain, provide access to and produce court records, and the necessary supplies for such systems, equipment and records; (5) the necessary stationery, postage and other related supplies in order that the court may properly carry out its duties; (6) typing equipment with which to complete the necessary records; (7) basic telephone service, which shall include all local calls; (8) if a court is computerized, a dedicated telephone line and maintenance of the computer equipment; and (9) adequate liability, fire, loss, theft and replacement insurance on the furniture, furnishings, equipment, court facilities and the records of the court.

      (b) If a town or towns comprising a probate district and the responsible municipal official or officials within such probate district fail to provide the court facilities required by subsection (a) of this section, the Probate Court Administrator shall offer in writing to meet with the judge of probate of the district and the responsible official or officials to discuss such court facilities. After discussion and consideration of the circumstances of the court operations, the Probate Court Administrator may waive or modify the application of a particular requirement of subsection (a) of this section for court facilities.

      (c) If suitable court facilities are not provided in accordance with subsection (a) or (b) of this section: (1) The Probate Court Administrator shall provide written notice, by first class mail, to the judge of probate of the district and the chief executive officer of the town in which the court is located, on or before October first of any year in which suitable court facilities are not so provided. Such notice shall specify the requirements of subsection (a) or (b) of this section that are not met and shall direct the submission of a plan as required by this subdivision. Not later than January first of the year following the year in which such notice is provided, such chief executive officer, or his or her representative, shall file with the Probate Court Administrator a plan and time frame for meeting such requirements and providing suitable court facilities; (2) not later than February first of the year following the year in which notice is provided under subdivision (1) of this section, the Probate Court Administrator shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary concerning the failure of the probate district to provide the required court facilities, which report may include a recommendation that the probate district be abolished as a separate district and be consolidated with a contiguous district where suitable court facilities can be provided; or (3) if, in the opinion of the Probate Court Administrator, abolition of the district is not in the public interest and judicial action is necessary to enforce the provision of suitable court facilities, the Probate Court Administrator shall bring an action in the Superior Court to enforce the requirements for the provision of suitable court facilities.

      (d) Any town located in a probate district that desires to (1) consolidate such probate district with one or more districts, (2) be removed from such probate district to a separate district established for any such town, or (3) be located in another probate district, may, by resolution of its legislative body, petition the General Assembly for such consolidation, separation and creation of a new probate district or relocation. The Probate Court Administrator shall provide such assistance in the preparation of the petition as the officials of the town or towns may request. At the time of submission of a petition to the General Assembly, a copy of the petition shall be sent to the judges of probate in the probate districts to be affected. No probate district may be consolidated with another district until the expiration of the term of office of any probate judge in an affected probate district.

      (e) Each judge of probate shall provide suitable records and supplies, in accordance with subsection (a) of this section, for the court in the judge's district. The judge of probate shall cause a complete record to be made of all orders passed by such court and of all wills, inventories, distributions, accounts, bonds and returns made to or lodged with such court. The expense of records, microfilming or the equipment to produce records, and of supplies which the judge deems necessary, shall be paid, upon the order of the judge, by the town or towns composing the district in proportion to their grand lists last perfected.

      (f) When the Probate Court Administrator, by regulation, requires that the courts of probate use specified forms, education materials, supplies or equipment not otherwise required by this section, they shall be furnished by the Probate Court Administrator and the expense paid from the Probate Court Administration Fund established under section 45a-82.

      (1949 Rev., S. 6820; 1969, P.A. 519, S. 1; P.A. 80-476, S. 4; P.A. 93-279, S. 1; P.A. 03-278, S. 96; P.A. 04-257, S. 66; P.A. 07-184, S. 10.)

      History: 1969 act added provision re required use of certain record books, forms, etc., stating that such record books, etc. shall be supplied by probate court administrator and paid for from fund established under Sec. 45-4h; P.A. 80-476 divided section into Subsecs. and reworded provisions; Sec. 45-12 transferred to Sec. 45a-8 in 1991; P.A. 93-279 revised section by adding provisions re minimum standards for probate court facilities, failure to provide required court facilities and consolidation, separation and creation of probate districts as Subsecs. (a) to (d), inclusive, relettering prior Subsecs. as (e) and (f) and making technical changes; P.A. 03-278 made a technical change in Subsec. (b), effective July 9, 2003; P.A. 04-257 made technical changes in Subsecs. (c) and (d), effective June 14, 2004; P.A. 07-184 amended Subsec. (a)(4) to replace "microfilming equipment and the necessary supplies, including record books or the equipment to produce records" with provision re court record systems and equipment required to maintain, provide access to and produce court records, and necessary supplies, added new Subsec. (c)(1) to require Probate Court Administrator to provide written notice to judge of probate of the district and chief executive officer of the town where court is located, on or before October first, if requirements of Subsec. (a) or (b) are not met, and require plan and time frame for meeting requirements to be filed, redesignated existing Subsec. (c)(1) and (2) as Subsec. (c)(2) and (3), amended Subsec. (c)(2) to require report not later than February first of year following the year in which notice was provided under Subdiv. (1), and made technical changes, effective July 1, 2007.

      See Sec. 1-16 re photographic reproduction of documents.

      See Sec. 1-18 re disposition of original documents.

      See Sec. 7-24 re record and index of instruments kept by town clerk.

      See Sec. 45a-754 re maintenance of papers concerning guardianship, parent-child relationships and adoptions in locked files and re disclosure of such records for health or medical reasons.

      Annotations to former section 45-12:

      Record imports verity. 64 C. 491. Effect of record of probating of will. 67 C. 90. Court permitted and even compelled to correct record to make it truthful. 72 C. 616; 81 C. 127. Order cannot be proved by parol. 76 C. 558; 77 C. 70. Jurisdictional facts must appear of record. 86 C. 351. Cited. 142 C. 383.