2005 Connecticut Code - Sec. 45a-77. (Formerly Sec. 45-4d). Powers of administrator. Legislative recommendations. Regulations. Administrator to review procedures of probate courts.

      Sec. 45a-77. (Formerly Sec. 45-4d). Powers of administrator. Legislative recommendations. Regulations. Administrator to review procedures of probate courts. (a) The Probate Court Administrator may attend to any matters which the Probate Court Administrator deems necessary for the efficient operation of courts of probate and for the expeditious dispatch and proper conduct of the business of those courts. The Probate Court Administrator may make recommendations to the General Assembly for legislation for the improvement of the administration of the courts of probate.

      (b) (1) The Probate Court Administrator may issue regulations, provided such regulations are approved in accordance with this subsection. Such regulations shall be binding on all courts of probate and shall concern the auditing, accounting, statistical, billing, recording, filing and other court procedures. (2) The Probate Court Administrator may adopt regulations, in accordance with chapter 54, provided such regulations are approved in accordance with this subsection. Such regulations shall be binding on all courts of probate and shall concern the availability of judges, court facilities, court personnel and records, hours of court operation and telephone service. (3) Either the Probate Court Administrator or the executive committee of the Probate Assembly may propose such regulations. Any regulation proposed by the Probate Court Administrator shall be submitted to the executive committee of the Probate Assembly for approval. Any regulation proposed by the executive committee of the Probate Assembly shall be submitted to the Probate Court Administrator for approval. If either the Probate Court Administrator or the executive committee of the Probate Assembly fails to approve a proposed regulation, such proposed regulation may be submitted to a panel of three Superior Court judges appointed by the Chief Justice of the Supreme Court. The panel of judges, after consideration of the positions of the Probate Court Administrator and the executive committee of the Probate Assembly, shall either approve the proposed regulation or reject the proposed regulation.

      (c) The Probate Court Administrator shall regularly review the auditing, accounting, statistical, billing, recording, filing and other procedures of the several courts of probate.

      (d) The Probate Court Administrator shall, personally, or by an authorized designee of the Probate Court Administrator who has been admitted to the practice of law in this state for at least five years, visit each court of probate at least once during each two-year period to examine the records and files of such court in the presence of the judge of the court or the judge's authorized designee. The Probate Court Administrator shall make whatever additional inquiries are deemed appropriate, to ascertain whether the business of the court, including the charging of costs and payments to the State Treasurer, has been conducted in accordance with law, rules of the courts of probate and the canons of judicial ethics, and to obtain information concerning the business of the courts of probate which is necessary for the administrator to perform properly the duties of the office.

      (1967, P.A. 558, S. 8; 1971, P.A. 109; P.A. 80-476, S. 29; P.A. 81-472, S. 76, 159; P.A. 91-26; P.A. 93-279, S. 3; 93-435, S. 87.)

      History: 1971 act required that designee have been practicing in state for at least five years and required examination of each courts' records, etc. biennially (during even-numbered years) rather than annually; P.A. 80-476 divided section into Subsecs. and reordered and reworded provisions; P.A. 81-472 made technical changes; Sec. 45-4d transferred to Sec. 45a-77 in 1991; P.A. 91-26 amended Subsec. (b) by deleting "even-numbered year" and inserting "two-year period" in lieu thereof; P.A. 93-279 inserted new Subsec. (a) re duties of probate court administrator re matters necessary for efficient operation of probate court and recommendations to general assembly re legislation for improvement of probate courts and Subsec. (b) re regulations and procedures for adoption and approval, relettering prior Subsecs. as (c) and (d) and making technical changes; P.A. 93-435 amended the section by dividing Subsec. (b) into Subdivs. and making minor technical changes.

      Annotation to former section 45-4d:

      Standards established by section 51-5 and this section held adequate for delegation of these powers to probate court administrator by general assembly. 157 C. 150.