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More than ever, amid dwindling resources and staff, our
respective court systems need unity to serve the thousands
of people who seek our help. Along those lines, little did I
realize that, when I appointed a Public Service & Trust
Commission in 2007, the comprehensive strategic plan it
crafted for the Judicial Branch would become the Branch’s
road map through these treacherous times.
That you, too, have worked together over the past year to
develop your own strategic plan now under consideration by
the General Assembly indicates to me that you are acutely
aware of the challenges you face. We all know that the
Probate Court Administration Fund has decreased steadily
over the past several years. We also know that the situation
has reached a critical point: last fall it was projected
that the Probate Court system would be bankrupt in 2010;
recent projections show a deficit even sooner than that.
So it’s clear that action must be taken quickly because
the bottom line is stark: the Probate Court system cannot
sustain itself much longer under its current model of
operation.
There are people who support abolishing the probate
courts. Without hesitation, I can tell you that the Judicial
Branch does not support this position. First of all,
proponents of this idea would mandate transfer of all
contested probate matters to the Superior Court. There is
simply no way that our Superior Court system could absorb
the influx of thousands upon thousands of Probate Court
cases. More important, however, we believe that the probate
courts continue to play an invaluable role. For more than
300 years, you have assisted countless families and
individuals with some of the most delicate and difficult
matters people face over a lifetime. You continue to do this
very important job, bringing your expertise and commitment
to the table, as the system struggles to find its way in an
increasingly complex and fast-moving society.
We appreciate the hard work that the Probate Court
Assembly has done to arrive at the plan detailed in House
Bill 6027. This, too, is evidence of an attitude that
recognizes both the reality of our collective budget
situation and the opportunities that may arise during tough
times.
The one central theme I would stress as you work so hard
toward a solution is that it must occur sooner rather than
later. You do not have much time, and just having a plan
isn’t good enough. You need to move beyond proposals and
recommendations to concrete and tangible actions that make a
difference in people’s lives and ensure that our probate
court system not only survives, but thrives. Today, I call
on you to take that action.
Thank you again for the opportunity to address you. It
has been an honor, and I look forward to our continued
collaboration over the years to come.
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