2005 Connecticut Code - Sec. 45a-8. (Formerly Sec. 45-12). Probate Court facilities. Minimum standards. Failure to provide suitable facilities. Consolidation, separation and creation of probate districts.
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 microfilming
equipment and the necessary supplies, including record books or the equipment to produce 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.
(c) If suitable court facilities are not provided in accordance with subsection (a) or (b) of this section: (1) 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, together with 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 (2) 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 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.)
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.
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:
Order cannot be proved by parol. 76 C. 558; 77 C. 70. Court permitted and even compelled to correct record to make it truthful. 72 C. 616; 81 C. 127. Jurisdictional facts must appear of record. 86 C. 351. Cited. 142 C. 383. Record imports verity. 64 C. 491. Effect of record of probating of will. 67 C. 90.
