2015 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 801b - Probate Court Procedures
Section 45a-123a - Probate magistrates. Attorney probate referees. Qualifications. Nomination and appointment. Compensation.

(a)(1) There shall be probate magistrates for the purpose of hearing matters referred pursuant to section 45a-123. Any former probate judge under seventy years of age, other than a probate judge receiving a retirement allowance under section 45a-40 due to permanent and total disability, who is an elector of this state shall be eligible for nomination, appointment or assignment as a probate magistrate.

(2) The Probate Court Administrator may nominate former probate judges who meet the requirements of this subsection to serve as probate magistrates. The Probate Court Administrator shall provide a list of such nominated former judges to the Chief Justice of the Supreme Court and update the list as necessary. The Chief Justice shall appoint probate magistrates from the list for a term of three years and inform the Probate Court Administrator of such appointments. The Chief Justice, on the recommendation of the Council on Probate Judicial Conduct or the Probate Court Administrator, may suspend or remove a probate magistrate during his or her term for reasonable cause. The Probate Court Administrator shall assign probate magistrates pursuant to section 45a-123 from among the probate magistrates appointed by the Chief Justice.

(3) Each probate magistrate shall receive, for each day the probate magistrate is engaged as a probate magistrate, in addition to any retirement salary the probate magistrate is entitled to receive, an amount of fifty dollars per hour, not to exceed two hundred fifty dollars per day, for each day of service. Such service includes, but is not limited to, conducting hearings and preparing a report or amendment to a report pursuant to section 45a-123. Service as a probate magistrate shall not constitute credited service for purposes of health, retirement or other benefits. Amounts paid to a probate magistrate under this subdivision shall be paid from the Probate Court Administration Fund established under section 45a-82.

(b) (1) In addition to the probate magistrates appointed pursuant to subsection (a) of this section, there shall be attorney probate referees for the purpose of hearing matters referred pursuant to section 45a-123. Any individual who has been a member of the bar of this state in good standing for at least five years, is an elector of this state and is under seventy years of age shall be eligible for nomination, appointment and assignment as an attorney probate referee.

(2) The Probate Court Administrator may nominate individuals who meet the requirements of this subsection as attorney probate referees. Any probate judge may submit to the Probate Court Administrator, on such form and in such manner as the Probate Court Administrator prescribes, a recommendation that the Probate Court Administrator nominate a specified individual as attorney probate referee, provided the individual meets the requirements of this subsection. The Probate Court Administrator shall consider any such recommendation prior to making a nomination under this subdivision, but shall not be bound by such recommendation. The Probate Court Administrator shall ensure geographic, racial and ethnic diversity among individuals nominated as attorney probate referee.

(3) The Probate Court Administrator shall provide a list of individuals nominated as attorney probate referee to the Chief Justice of the Supreme Court and update the list as necessary. The Chief Justice shall appoint attorney probate referees from the list for a term of three years and inform the Probate Court Administrator of such appointments. The Chief Justice, on the recommendation of the Council on Probate Judicial Conduct or the Probate Court Administrator, may suspend or remove an attorney probate referee during his or her term for reasonable cause. The Probate Court Administrator shall assign attorney probate referees pursuant to section 45a-123 from among the attorney probate referees appointed by the Chief Justice.

(4) No attorney probate referee shall receive compensation for his or her duties as an attorney probate referee.

(c) Each probate magistrate and attorney probate referee shall complete continuing education programs established for such magistrates and referees under regulations issued by the Probate Court Administrator pursuant to section 45a-77.

(d) No person shall be subject to the requirements of sections 45a-25 and 45a-26 with respect to probate judges solely on the basis of such person’s nomination, appointment or assignment as a probate magistrate or an attorney probate referee.

(P.A. 09-114, S. 19; P.A. 10-32, S. 131; P.A. 15-217, S. 8.)

History: P.A. 09-114 effective January 5, 2011; P.A. 10-32 made a technical change in Subsec. (a)(2), effective January 5, 2011; P.A. 15-217 amended Subsec. (a)(2) by adding provision re authority of Chief Justice to suspend or remove probate magistrate, amended Subsec. (b)(3) by adding provision re authority of Chief Justice to suspend or remove attorney probate referee, deleted former Subsec. (b)(5) re annual report on attorney probate referees, and made technical changes, effective July 1, 2015.