State Could Close Probate Court In Cheshire
September 4, 2009 by Josh Morgan
In the next few weeks, Cheshire Probate Judge Raymond Voelker should find out if he still has a job.
Performance has not been an issue for Voelker, who has served as Cheshire and Prospect’s probate judge for nearly three decades. Rather, the state has undertaken an initiative to consolidate the state’s 117 probate courts into 50 probate districts. Voelker supports the move in some aspects, but believes it goes too far.
“I just feel it’s way too deep of a cut,” Voelker said, admitting that some consolidation had to occur because of some courts routinely operating in a deficit. “I feel 60 to 70 courts would be appropriate and manageable districts.”
According to Voelker, who has spent the last 27 years as a part-time probate judge, the two main criteria used in the restricting plan were population and weighted workload. To make the cut, a court needed to serve at least 40,000 people and have a workload of 3,000. Between Cheshire and Prospect, Voelker said the population is 38,100 and the workload is 2,000. To avoid being shut down, Voelker urged Bethany, a town of 6,000, to join up to get above the population threshold.
“Bethany wanted to stay with Amity and now the towns are all broken up,” Voelker said. “Cheshire is being split into Southington and Prospect is going to Naugatuck.”
If approved, 67 probate judges whose districts were consolidated would be out of jobs, although they could seek election against a sitting judge in a newly-formed district.
Voelker can run as a probate judge in Southington against long sitting Judge Bryan F. Meccariello, but he admitted the odds of winning would be “slim.” The new plan is for the 28,000 residents of Cheshire to join up with the 42,000 residents of Southington to form one large 70,000-person district.
“It’s doubling the court sizes, not to mention that Southington is in a different county and has a different area code,” Voelker said. “It doesn’t seem right.”
Besides Hartford/New Haven County and 860/203 differences, Voelker said convenience would be lost, as issues in Cheshire are heard in New Haven, 17 miles away, while after joining with Southington, residents would have to travel to Hartford, more than 30 miles away.
According to a strategic plan developed in March by the Connecticut Probate Assembly, the probate system has been operating in a deficit since fiscal year 2004/2005, with a projected deficit this year of $6.9 million. Despite this, the Cheshire district remained prosperous, Voelker explained, ranking 35th in the state after grossing $358,000 in 2007, $150,000 of which went back to the state.
“They claim it’s not money driven, but that’s not true,” Voelker said. “I know we need to save money, but it’s too deep a cut. It doesn’t make sense.”
Voelker said he was confused as to why some courts that routinely operate in a deficit were allowed to remain open while Cheshire was being absorbed elsewhere. He said if it were a business, profitable companies take on lesser companies, not the other way around.
A 13-person Commission heard testimony over the summer about the redistricting and Voelker pleaded Cheshire’s case in front of the group.
According to Voelker, Cheshire was one of the last court districts picked for consolidation. The General Assembly has to approve a plan by Sept. 15, at which time Voelker expects the motion to pass.
“It will happen,” Voelker said. “No doubt smaller courts needed to be consolidated, but this will affect services.”
As Voelker explained, many probate judges work part time and split their hours with their own law firm. He wondered if, now that some courts are doubling in size, those judges would still have time to handle the extra workload.
Voelker said he is eligible to get a pension from the state and people ask him why he doesn’t take the money and run, and he has a simple answer for them.
“I like the job and am willing to keep doing it,” he said. “I am not happy with what’s happening here. I think it’s unfair.”
More information can be found online at www.jud.ct.gov/probate.