Sec. 45a-63. (Formerly Sec. 45-11e). Duties and powers of council re complaints against probate judges, probate magistrates, attorney probate referees and judicial candidates. (a) The Council on Probate Judicial Conduct shall investigate every written complaint brought before it alleging conduct of a probate judge which may violate any law or canon of ethics applicable to probate judges, or failure to perform properly the duties of the office, or conduct prejudicial to the impartial and effective administration of justice which brings the judicial office in disrepute, or final conviction of a felony or of a misdemeanor involving moral turpitude, or disbarment or suspension as an attorney-at-law, or the wilful failure to file a financial statement or the filing of a fraudulent financial statement required under section 45a-68.
(b) The council shall investigate every written complaint brought before it alleging that a probate magistrate or attorney probate referee appointed under section 45a-123a has, in the performance of his or her duties as a probate magistrate or attorney probate referee, violated any law or canon of ethics applicable to probate magistrates or attorney probate referees.
(c) The council shall investigate every written complaint brought before it alleging that a judicial candidate has, during the period of his or her candidacy, or, if elected, during the period between the date of the election and the start of his or her term of office as judge, violated any law or canon of ethics applicable to judicial candidates. A person becomes a judicial candidate as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the State Elections Enforcement Commission, or authorizes solicitation or acceptance of contributions or support in connection with his or her candidacy for probate judge.
(d) In making an investigation under subsection (a), (b) or (c) of this section, the council may use the services of the Division of State Police within the Department of Emergency Services and Public Protection, or any chief inspector, inspector or investigator in the Division of Criminal Justice, or may engage the services of private investigators if it deems such services necessary.
(e) If (1) the complaint filed involves a respondent who is a member of the council, the respondent shall be disqualified from acting in his or her capacity as a council member in the investigation and hearing on the matter, or (2) a probate judge who is a member of the council is unable to act for any other reason, a probate judge shall be appointed to act in his or her stead by the president-judge of the Connecticut Probate Assembly, established under section 45a-90. If a council member appointed by the Chief Justice disqualifies himself or herself with regard to a matter before the council, or is unable to act for any other reason, the Chief Justice shall appoint a substitute member to act in connection with such matter. If a council member appointed by the Governor disqualifies himself or herself with regard to a matter before the council, or is unable to act for any other reason, the Governor shall appoint a substitute member to act in connection with such matter. Any substitute shall satisfy the same criteria for selection as the disqualified member.
(f) The council may engage the services of legal counsel who shall direct any investigation ordered by the council. Such counsel may conduct the examination of witnesses, present any evidence deemed relevant, cross-examine witnesses presented by any person and perform such other duties as the council deems necessary for the conduct of its business.
(g) The council shall, not later than five days after receipt of such complaint or motion of the council, notify by registered or certified mail the respondent and a copy of such complaint or motion shall accompany such notice. The council shall also notify the complainant of its receipt of such complaint not later than five days thereafter. Any investigation to determine whether or not there is probable cause that misconduct under subsection (a), (b) or (c) of this section has been committed shall be confidential and any individual called by the council for the purpose of providing information shall not disclose his or her knowledge of such investigation to a third party unless the respondent requests that such investigation and disclosure be open. If a respondent is required to disclose a complaint pursuant to rules of procedure adopted under section 45a-78, any individual to whom the disclosure is made shall not disclose his or her knowledge of such investigation to a third party unless the respondent requests that such investigation and disclosure be open. The respondent shall have the right to appear and be heard and to offer any information which may tend to clear him or her of probable cause to believe that he or she has committed an act of misconduct under subsection (a), (b) or (c) of this section. The respondent shall also have the right to be represented by legal counsel and examine and cross-examine witnesses.
(h) The council shall, not later than fifteen business days after the termination of such investigation, notify the complainant and the respondent that the investigation has been terminated and whether probable cause has been found that misconduct under subsection (a), (b) or (c) of this section has been committed. If the council finds that the respondent has not committed misconduct under subsection (a), (b) or (c) of this section, but the respondent has acted in a manner which gives the appearance of impropriety or constitutes an unfavorable judicial practice, the council may issue a private admonishment to the respondent recommending a change in judicial conduct or practice.
(i) As used in this section and sections 45a-64 to 45a-66, inclusive: (1) “Judicial candidate” means a person seeking election to the office of probate judge who is not an incumbent probate judge; and (2) “respondent” means a probate magistrate or attorney probate referee appointed under section 45a-123a, a probate judge or a judicial candidate against whom a complaint has been filed or motion has been made under this section.
(P.A. 75-592, S. 2; P.A. 77-604, S. 27, 84; 77-614, S. 486, 610; P.A. 78-281, S. 4; P.A. 80-476, S. 21; P.A. 82-338, S. 2; P.A. 83-379, S. 1; P.A. 85-114; P.A. 90-35, S. 1; P.A. 07-115, S. 2; 07-217, S. 161; P.A. 11-51, S. 134; P.A. 15-217, S. 10; P.A. 16-193, S. 16; P.A. 25-48, S. 2.)
History: P.A. 77-604 replaced reference to detectives with reference to chief inspectors and inspectors; P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979; P.A. 78-281 authorized investigation of wilful failure to file or filing of fraudulent financial statement; P.A. 80-476 divided section into Subsecs. and reworded provisions; P.A. 82-338 amended Subsec. (b) to permit council to hire private investigators if it deems such services necessary and added Subsec. (d) permitting employment of legal counsel to direct investigation ordered by council; P.A. 83-379 deleted former Subsec. (a), relettering former Subsecs. (b) to (d) accordingly, adding provision requiring council to investigate every written complaint and adding “conduct prejudicial to the impartial and effective administration of justice”, “final conviction of a felony or of a misdemeanor involving moral turpitude” and “disbarment or suspension as an attorney at law” as grounds for complaint, and added Subsecs. (d) and (e) re notification of judge against whom complaint is filed and of complainant, confidentiality of investigation to determine probable cause, right to a hearing and counsel and issuance of an admonishment; P.A. 85-114 amended Subsec. (e) to require notification re probable cause; P.A. 90-35 amended Subsec. (b) by adding provision re appointment of substitute members of the council if member disqualifies himself or is unable to act for any other reason and amended Subsecs. (d) and (e) by changing “conduct” to “misconduct” and adding “private” before “admonishment”; Sec. 45-11e transferred to Sec. 45a-63 in 1991; P.A. 07-115 amended Subsec. (e) to substitute “seven business days” for “three business days” and make a technical change; P.A. 07-217 made a technical change in Subsec. (e), effective July 12, 2007; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subsec. (a), effective July 1, 2011; P.A. 15-217 made technical changes in Subsec. (a), added new Subsec. (b) re investigation of complaints concerning probate magistrates and attorney probate referees, added new Subsec. (c) re investigation of complaints concerning judicial candidates, redesignated existing provision in Subsec. (a) re use of services of Division of State Police as Subsec. (d) and amended same by adding reference to investigations under Subsec. (a), (b) or (c), redesignated existing Subsec. (b) as Subsec. (e) and amended same by making technical changes and adding “, established under section 45a-90”, redesignated existing Subsec. (c) as Subsec. (f), redesignated existing Subsec. (d) as Subsec. (g) and amended same by making technical and conforming changes and adding provision re disclosure of investigation to third party, redesignated existing Subsec. (e) as Subsec. (h) and amended same by making technical and conforming changes, and added Subsec. (i) defining “judicial candidate” and “respondent”, effective July 1, 2015; P.A. 16-193 made a technical change in Subsec. (e)(2); P.A. 25-48 amended Subsec. (h) to substitute “fifteen business days” for “seven business days”, effective June 10, 2025.
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Sec. 45a-82. (Formerly Sec. 45-4h). Probate Court Administration Fund. Transfers to retirement fund, General Fund and probate courts. Notice re sound actuarial basis of retirement fund. Annual accounting. (a) The Probate Court Administration Fund is established, to consist of the amounts provided in this section, to be paid over to the State Treasurer as provided in this section.
(b) The State Treasurer shall be the custodian of the fund established by this section, with power to administer it, and to invest and reinvest as much of the fund as is not required for current disbursements in accordance with the provisions of the general statutes regarding the investment of savings banks.
(c) All payments from the fund established by this section that are authorized by sections 5-259, 17a-77, 17a-274, 17a-498, 17a-510, 19a-131b, 19a-131e, 19a-221, 45a-1 to 45a-12, inclusive, 45a-18 to 45a-26, inclusive, 45a-34 to 45a-56, inclusive, 45a-62 to 45a-68, inclusive, 45a-74 to 45a-83, inclusive, 45a-85, 45a-90 to 45a-93, inclusive, 45a-98, 45a-99, 45a-105, 45a-119 to 45a-123a, inclusive, 45a-128, 45a-130, 45a-131, 45a-133, 45a-152, 45a-175 to 45a-180, inclusive, 45a-199 and 45a-202, shall be made upon vouchers approved by the Probate Court Administrator.
(d) Monthly there shall be transferred from the fund established by this section to the retirement fund established by section 45a-35 not less than sufficient moneys, taking into account receipts by said retirement fund under the provisions of sections 45a-44 and 45a-45, to enable said retirement fund to meet its obligations as estimated by the Retirement Commission, until the Retirement Commission certifies that the retirement fund is on a sound actuarial basis.
(e) On or before July first annually, the Retirement Commission shall certify to the State Treasurer, on the basis of an actuarial determination, the amount to be transferred to the retirement fund to maintain the actuarial funding program adopted by the Retirement Commission.
(f) In addition to the payments authorized in subsections (a) to (e), inclusive, of this section, there shall be transferred from time to time from the fund established by this section to the retirement fund established by section 45a-35 such amounts as are determined by the Probate Court Administrator not to be required for other purposes of sections 45a-20 and 45a-76 to 45a-83, inclusive, until the Retirement Commission certifies that the retirement fund is on a sound actuarial basis. Thereafter there shall be transferred from time to time from the fund established by this section to the General Fund such amounts as are determined by the Probate Court Administrator not to be required for the purposes of said sections.
(g) If at any time thereafter the Retirement Commission certifies that the retirement fund established by section 45a-35 is no longer on a sound actuarial basis, the Retirement Commission shall provide notice to the General Assembly and the Governor, and transfers from the fund established by this section to the retirement fund shall be resumed until the Retirement Commission again certifies that said retirement fund is on a sound actuarial basis, at which time the Retirement Commission shall provide notice to the General Assembly and the Governor, and transfers from the fund established by this section to the General Fund shall be resumed.
(h) All payments of assessments imposed by section 45a-92 with respect to income received by any judge of probate on or after January 1, 1968, shall be paid in accordance with the schedule set forth in section 45a-92.
(i) The State Treasurer shall, on or before October first, annually, give an accounting of the Probate Court Administration Fund, showing the receipts and disbursements and the balance or condition thereof, as of the preceding June thirtieth, to the Connecticut Probate Assembly, the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.
(j) There shall be transferred from time to time from the Probate Court Administration Fund such budgeted amounts as are established in accordance with section 45a-85 or such expenditures as are authorized pursuant to subsection (c) of section 45a-84 for the proper administration of each court of probate. Notwithstanding any provision of the general statutes, on June 30, 2013, and annually thereafter, any balance in the Probate Court Administration Fund in excess of an amount equal to twenty per cent of the total expenditures authorized pursuant to subsection (a) of section 45a-84 for the immediately succeeding fiscal year shall be transferred to the General Fund.
(1967, P.A. 558, S. 20; 1972, P.A. 244, S. 1; P.A. 73-301, S. 1, 2; P.A. 80-476, S. 34; P.A. 87-333, S. 2; P.A. 89-326, S. 1, 7; P.A. 92-118, S. 2; P.A. 93-232, S. 2; P.A. 96-110, S. 2, 4; 96-170, S. 1, 23; P.A. 97-90, S. 5, 6; P.A. 01-127, S. 3; P.A. 03-236, S. 14; P.A. 04-257, S. 69; P.A. 05-288, S. 150; P.A. 09-114, S. 2; P.A. 10-34, S. 8; P.A. 13-247, S. 55; P.A. 25-174, S. 181.)
History: 1972 act deleted obsolete provisions re transfer of moneys of probate assembly to state treasurer and of moneys to retirement fund sufficient to meet obligations for three months and added provision re annual certification of amount to be transferred to retirement fund to maintain the actuarial funding program; P.A. 73-301 deleted reference to payments from fund authorized by Sec. 45-12a and reference to July 1, 1972, as date for initial annual certification of amount to be transferred to retirement fund and added provision re treasurer's annual accounting of fund status to probate assembly and judiciary committee; P.A. 80-476 divided section into Subsecs. and made minor changes in wording; P.A. 87-333 amended Subsec. (c) by deleting reference to “sections 45-4a to 45-4i, inclusive” and inserting reference to chapters 774 and 794 in lieu thereof; P.A. 89-326 amended Subsec. (c) to include payments authorized by Secs. 17-178, 17-192, 17-205d and 19a-448; Sec. 45-4h transferred to Sec. 45a-82 in 1991; P.A. 92-118 amended Subsec. (f) by changing “45a-21” to “45a-20”; P.A. 93-232 added reference to Sec. 45a-57; P.A. 96-110 amended Subsec. (c) by adding reference to Sec. 5-259 and changing reference to Sec. 45a-57 to 45a-56, effective January 1, 1997; P.A. 96-170 added Subsecs. (j), (k) and (l) re transfer of funds from private administration fund when income of court of probate insufficient to meet financial needs, requiring probate judge requesting financial assistance to file sworn statement re gross receipts and expenses of court and amount requested and allowing Probate Court Administrator to issue regulations re financial assistance to probate courts, effective July 1, 1998; P.A. 97-90 changed effective date of P.A. 96-170, S. 1 from July 1, 1998, to July 1, 1997; P.A. 01-127 amended Subsec. (j) by adding alternative method of computation of maximum salary by product of multiplication of $15 by annual weighted-workload of court, whichever is greater, but not to exceed annual compensation in Sec. 45a-92(k); P.A. 03-236 amended Subsec. (c) by adding references to Secs. 19a-131b and 19a-131e, effective July 9, 2003; P.A. 04-257 made technical changes in Subsec. (i), effective June 14, 2004; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005; P.A. 09-114 amended Subsec. (c) to reference Secs. 45a-85 and 45a-123a, amended Subsec. (g) to require Retirement Commission to provide notice to General Assembly and Governor re sound actuarial basis of fund, amended Subsec. (i) to add Governor to list of those receiving accounting, substantially revised Subsec. (j) and deleted former Subsecs. (k) and (l) to replace provisions re financial assistance for probate courts with provisions re budgeted amounts to be transferred to each court for proper administration of such court and surplus funds to be transferred to General Fund, and made technical changes, effective January 1, 2011; P.A. 10-34 made a technical change in former Subsec. (1); P.A. 13-247 amended Subsec. (j) to change date from June 30, 2011, to June 30, 2013, to substitute “balance” for “surplus funds” and to limit transfer to when balance is more than 15% of total expenditures authorized for succeeding fiscal year, effective July 1, 2013; P.A. 25-174 amended Subsec. (j) to replace 15 per cent with 20 per cent, effective July 1, 2025.
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