Testimony of Judge Barbara M. Quinn Chief Court
Administrator
Judiciary Committee
Public Hearing - March 26, 2009
Senate Bill 858, An Act Concerning Family Support Magistrates
House Bill 6700, An Act Concerning the
Appointment and Compensation of Family Support Magistrates
Good morning. My name is Barbara Quinn and I am the Chief Court
Administrator. I am here today on behalf of the Judicial Branch to oppose
Senate Bill 858, An Act Concerning Family Support Magistrates
and to support House Bill 6700, An Act Concerning the Appointment and
Compensation of Family Support Magistrates.
By way of background, there are 9 family support magistrates and 3 family
support magistrate referees who were appointed by the Governor for terms of
three years. This process has been in effect since 1986, when the General
Assembly created the Family Support Magistrate Division to establish and
enforce child and spousal support payments, and to recover funds paid out in
state assistance. There has been a significant change in the program since
then. It is no longer a program to benefit the state only. Last year, 82%
of the money collected was distributed to Connecticut families.
Although the terms of the family support magistrates are different because
they are based upon the individual date of appointment of each magistrate,
Senate Bill 858 retroactively changes the terms of all of the magistrates by
ending their appointment on June 30, 2009. This is unfair. The magistrates
were appointed based upon a statute that has been in effect for about 23
years. It is certainly within your purview to change the appointment
process; however, I believe that any change should be prospective.
The magistrates, in good faith, accepted their appointments with the
expectation that their term would end early only if they were removed from
their position by the Governor for cause. They played by the rules and made
life decisions affecting their families and their profession based upon the
current statute. In contrast, Raised Bill 6700, implements a reappointment
process for family support magistrates prospectively, which we support. So,
as the individual magistrates’ terms expire, the new process would go into
effect for their next reappointment.
Another
difference between the two bills is that House Bill 6700 treats the family
support magistrates similar to workers compensation commissioners in terms
of their salary and the length of their term. We support these provisions.
I would like to
reiterate that it is certainly within your discretion to alter the
appointment process for the family support magistrates. However, I strongly
believe that any change should be prospective and therefore, recommend that
you reject Senate Bill 858.
Thank
you for the opportunity to testify. I would be happy to
answer any questions that you may have.
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