Changes Coming to Local Probate Courts

March 10, 2010 11:00 pm • Last Updated: March 10, 2010 2:47 pm

By By Marianne Sullivan Courier Senior Staff Writer

The state's decision to consolidate the entire probate court system will mean that at year's end the doors will close on the individual probate courts now operating in Chester, Deep River, and Essex.

These three towns will become part of a nine-town consolidated district, effective January 2011. The new district, which will serve a total population of 62,314, will include Haddam, Lyme, Killingworth, Westbrook, Old Saybrook, and Clinton, as well as Chester, Deep River, and Essex. Based on the information now available-and there is still much planning to be done-the new court will be located in Old Saybrook.

Last week, Essex Judge of Probate Deborah Pearl and Deep River Judge of Probate Patricia

L. Damon said they will reduce the courts' public hours to prepare for the year-end closings.

Effective this past Monday, March 8, the Deep River court's public hours will be Monday through Friday from 9 a.m. to

1 p.m. Damon said her court will no longer be open Wednesday afternoons from 2 to 5 p.m.

"This is very hard. This is a busy court for a small town," Damon said.

Damon has served as a probate judge for 16 years. She does not believe the public will be well-served by a consolidated court, nor does she believe that the change will save taxpayers dollars.

"Today the users of the court pay for the system. The actual cost to Deep River taxpayers is very small. That will no longer be true," she said, citing the new court structure that will pay part-time probate judges $110,000. "Bigger is not always better."

Although a new judge of probate will need to be elected for the new consolidated district, Damon said she will not seek the post. Neither will Pearl of Essex.

"I've been a judge of 31 years and a clerk in the probate court before that. I'll be taking my retirement," Pearl said.

In Essex the new probate court hours are now Monday through Friday from 9 a.m. to 1 p.m. Previously, they were 9 a.m. to

3 p.m.

"We need the time, as we wind down, to gather all our information together, to organize for this changeover, and to handle it as well as possible," Pearl said.

The Essex court no longer handles passports, she added.

"We enjoyed doing them, but it was too time consuming, given our responsibilities now," she said.

The one court that will not be reducing its hours is Chester's. There, Probate Judge Justine Tobis says the court's hours will remain the same, Monday through Thursday from 8 a.m. to 1 p.m.

"We will keep everything the same until we close," she said, adding that Chester's population and case load are smaller than either Deep River or Essex. "We will be here 20 hours a week and we will continue to process passports."

Tobis said she is not happy to be closing the doors on the Chester court. She is, however, seeking the Democratic nomination for judge of probate for the new consolidated court. To date she has spoken to the town committees of Essex, Haddam, and Chester. She hopes to meet with the remaining Democratic town committee over the next few months.

Until the new consolidation and restructuring, probate judges were not required to be attorneys. That has changed. Candidates seeking election as probate judges must now be attorneys or they must be experienced probate judges who will be "grandfathered" into the system.

Tobis is an attorney and has been serving as Chester's judge since January 2007. She has lived in Chester for 26 years and has been an attorney for 18. She practiced with a Hartford law firm before becoming probate judge. To date she believes she is the only announced Democratic candidate.

"In this position, you make a difference in people's lives. They come into your office often in emotional distress and at a difficult time. A probate judge needs to show compassion when helping people in need. I've been there myself," she said.

Probate Court Hours & Information

Chester Probate Court

Chester Town Hall

203 Middlesex Avenue

860-526-0013, ext. 221

Judge of Probate Justine Tobis

Court hours:

Monday to Thursday

8 a.m. to 1 p.m.

Deep River Probate Court

171 B Main Street

860-526-6026