Connecticut Seal

General Assembly

Amendment

 

January Session, 2007

LCO No. 9287

   
 

*SB0143809287SDO*

Offered by:

 

SEN. DAILY, 33rd Dist.

SEN. RORABACK, 30th Dist.

 

To: Subst. Senate Bill No. 1438

File No. 624

Cal. No. 517

(As Amended by House Amendment Schedule "A")

Strike subsection (a) of section 503 in its entirety and insert the following in lieu thereof:

"(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 of the general statutes, as amended by this act, 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 of the general statutes, as amended by this act, 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. "

Strike subdivision (2) of subsection (c) of section 503 in its entirety and insert the following in lieu thereof:

"(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, as amended by this act, 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 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. "

Strike section 504 in its entirety and renumber the remaining sections and internal references accordingly

Strike subsection (a) of section 505 in its entirety and insert the following in lieu thereof:

"(a) A court of probate shall be open to the public for the conduct of court business not less than twenty hours each week, Monday through Friday, excluding holidays, on a regular schedule between the hours of eight o'clock a. m. and five o'clock p. m. , unless the town facility in which such court of probate is located is not open twenty hours each week. The judge of probate of a probate district may close a court temporarily owing to inclement weather, an emergency or other good cause. Such judge shall immediately give notice of a temporary closing to the Probate Court Administrator, together with the reason for such closing and the date and time when the court will reopen. "