Crunch Time Coming For Probate
Lawlor resigns, infighting remains, insolvency looms
By DOUGLAS S. MALAN
Probate judges were staggered last week at the sudden resignation of Probate Court Administrator James J. Lawlor, who will step down Oct. 1.
But they're going to have to refocus themselves quickly as the probate court system faces a looming financial crisis and infighting among the 117 judges that has thwarted the adoption of any plan that might make the system solvent.
If the system, whose prime functions include overseeing the handling of wills and estates, crashes with empty coffers, the probate court's responsibilities would be folded into the Superior Court.
"I think people are in a state of shock," Brookfield Probate Judge Joseph Secola said of Lawlor's resignation. Secola, who frequently crossed swords with Lawlor over the idea of merging some probate courts, said he is "looking forward to a fresh start."
Going forward, said New London Probate Judge Matthew Greene, "we must put personality differences aside…There were some judges who really battled Lawlor, and they may consider this [resignation] a victory. But Lawlor was not the battle. The battle is trying to survive and coming up with the best system for the people of Connecticut."
In his July 14 resignation letter to Chief Justice Chase T. Rogers, Lawlor, 65, said that the Probate Administration Fund now holds $7.5 million. The money comes from fees charged in probate cases and is supposed to cover the $10,000 per day costs of operating the courts. But more money is going out than coming in.
"On July 1, 2009, funds on hand will be sufficient to meet the needs of the system for less than one year," Lawlor stated. "As with other large systems which have faced similar funding crises, the luxury of doing nothing no longer exists."
The chief justice is responsible for naming Lawlor's successor, who must be a current probate judge, by Oct. 1.
Bitter Debate
Court consolidation has been bitterly debated over the past few years. Lawlor's idea of cutting costs by closing courts that are now open only a few hours a week divided probate judges. Judges in smaller towns objected to mergers, saying it would be inconvenient for their constituents to travel to another town for probate services. But others suggested that the elected judges were more worried about losing a source of income.
Rather than eliminate judges, the General Assembly last year passed legislation that required all probate courts be open at least 20 hours per week.
Secola said the fact that the Probate Assembly adopted the minimum hours rule before the legislature is an indication that the sometimes-fractured body of judges can come together for the good of the system. "I'm the voice of the mid-size and smaller probate courts, and I believe there is a way" to rehab the system, he said.
Chief Court Administrator Barbara M. Quinn said that needs to happen quickly.
"The problems facing Connecticut's probate system — including the cost of the system, the number of courts that can be supported, and the hours and manner in which the local courts operate — will come to a head in the very near future," Quinn said in a written statement. "We anticipate that the Legislative and Executive Branches will be faced with critical decisions."
Lawlor's Legacy
During his tenure that began in February 2002, Lawlor, a former Waterbury probate judge, was able to convince legislators to give his office more enforcement power to deal with probate judges who ran afoul of their professional responsibilities.
It came in handy this year when New London lawyer and Madison Probate Judge Phillip Zuckerman improperly solicited campaign donations from lawyers who appear before him. Lawlor forged an agreement that required Zuckerman to refund the donated money and recuse himself from cases involving lawyers who received his written solicitations.
"This [legislation] has resulted in significant progress in assuring the consistency and quality of the work of each of the courts," Lawlor stated in his resignation letter.
Lawlor also revamped the probate courts' document storage process by replacing microfilm with digital media from scanned documents.
Education opportunities have been enhanced, too. Lawlor expanded a judges' orientation program and added legal education programs for judges in specific areas of probate law.
As cases involving care for the elderly, children and people with mental health issues have grown to account for 50 percent of the probate courts' work, Lawlor's office hired social service staff to provide training and guidance for court personnel.
Challenges Ahead
The changes did much to improve a once ineffective system, but there's a great amount of work still to be done, said Hartford Probate Judge Robert K. Killian Jr.
The Probate Assembly "refuses to tackle the big one, and that's getting a plan that will allow the system to be fiscally viable," he said. "It's going to involve cutting costs and getting money from the state."
Killian was largely a supporter of Lawlor. Not so Secola, the Brookfield judge who criticized Lawlor for "spending money like a drunken sailor" on his administrative costs while preaching "a message of financial austerity." Secola suggested that paring down the central office budget would be helpful.
But he acknowledged that there are hard-to-control expenses that are draining money from the system. The cost of providing services to indigent clients has risen from $1 million to $6 million in the past five years. That money comes from the rapidly depleting Probate Court Administrative Fund. Judges' health care costs also are paid from the administrative fund; Secola believes the state should pick up that tab.
And then there's the question of whether it makes sense to operate 117 courts. "We need to have heart-to-heart discussions with towns to determine who wants a probate court," Secola said.
"Anytime you talk about eliminating judges, it turns into a battle," said Greene, the probate judge in New London. He added that some of his colleagues are unrealistic about the extent of the financial problems.
"A lot of judges believe if you control administrative expenses and legislators give us money then we'll be okay," he said. "That might give us one or two years more [of financial stability]. We need to come up with something to sustain us."
A Probate Assembly meeting on Aug. 12 will feature consideration of some plans for righting the ship. All plans must be submitted to Shelton Probate Judge Fred J. Anthony, the assembly's president, by July 29.
Greene plans to apply for Lawlor's position, which pays about $150,000 a year. Greene said the new administrator must be adept at facilitating conversation, unifying judges and proving to legislators that the system is deserving of more funding.
That person "will have to have a thick skin," Greene said. "It's not going to be easy."
Killian, the probate judge in Hartford, has no desire to fill that position. Some judges have told him in confidence that they're interested, while others have told him "they wouldn't touch [the job] with a 10-foot pole."
"I think what we have is worth saving, but I don't know if we have the will to do it," Killian said. "I'm not terribly confident."•
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