"Doing nothing is not an option." Justice John A. Dooley, III

Like other government institutions, the Vermont Court System was not immune to last year's recession. Faced with the fiscal crisis, in November 2008, the Vermont General Assembly created the Vermont Commission on Judicial Operations. The Commission created specific work groups which produced reports to the Commission earlier this fall. Included in the work was a series of public information gathering through surveys, focus groups, meetings and public hearings. One of the workgroups was tasked with exploring the restructuring of, and access to, the judiciary.  The result of the work of the Commission will certainly result in changes to the court system and most likely have implications for the probate courts.

Currently, there are seventeen probate districts in fourteen counties across the State, each serving a varying number of cases. Each County has its own district and three counties (Rutland, Windham, and Windsor) are split in two districts (e.g., Windsor and Hartford).  The double districts will be consolidated one per county as of February, 2011.

The Working Group on restructuring the courts recommends that these seventeen courts be reduced to five Probate Courts around the State. The proposal includes the following regional probate courts:

v      Northern Probate District - Grand Isle, Franklin, Orleans, Essex and Caledonia Counties;

v      Chittenden Probate Distrcit - Chittenden County

v      Central Probate District - Lamoille, Washington and Orange Counties;

v      Southwest Probate District - Addison, Rutland and Bennington Counties; and

v      Southeastern Probate District - Windsor and Windham Counties.

Another important implication regarding the change in the probate courts is that there may be a shift from that court's current jurisdiction. Presently, the general jurisdiction of the probate court includes administration and enforcement of estates and trusts, guardian and ward, and the relinquishment and adoption of children. Disputes in probate court that are limited to purely legal questions may be appealed directly to the Supreme Court, while factual disputes are appealed to superior court. The Working Group's recommendations include that

v      the probate courts be subsumed into the superior court,  

v      there be five probate judges to work in this system (either the five judges would travel to their respective courts, or the public will travel to the five regional probate court locations),

v      the probate judge would be elected by a multi-county district, and

v      the judge would pass contested guardianships and adoptions to the family court, and contested trusts and estates to the superior courts.

Although there has yet to be a final decision made on the Commission's work, it is clear that there will be changes in our court systems over the next few years. The probate courts, as we know them, are local, user friendly, hands on and helpful to both lay persons and lawyers. The proposed changes will undoubtedly have significant implications on probate court users. We will keep you apprised of the changes as we learn them. In the meantime, call us or email if you have further questions.

If you are interested in reading the Commission's reports please click on this link http://www.vermontjudiciary.org/MasterPages/WhatsNew-CommissionJudicialOps.aspx.