Tuesday, February 5, 2013

Last Friday morning Penny Benelli and Lindsey Huddle appeared before the Senate Judiciary Committee to voice opposition to S.31. The committee requested that they suggest amendments or changes to the bill as introduced and get those changes to legislative counsel by today. I haven’t seen anything yet. the next hearing on this bill is Thursday. Their objections were that, in looking at the history of the family where money was flowing from, say, one set of parents to the couple that to exclude any of that history would lead to an unfair outcome. But they concede that third parties should not have to be subject to discovery of a last will & testaments and revocable trusts.

 

This morning I attended a hearing in the House Judiciary Committee where the Administrative Judge, the Court Administrator and his deputy presented some legislative changes. They are seeking a cleanup of some outdated sections on Chapter 17 in Title 4; an amendment to the USSJEA passed a few years ago; and repealing of a mandate that probate offices be kept in the four southern districts in which one of the two courts was closed. This change wouldn’t prevent those offices from remaining open but would simply remove the mandate and make it optional. The committee spent some time discussing juror questionnaires and concluded that any changes were best left to rulemaking.

 

Later today the same witnesses will return to discuss fees with the committee. Also, tomorrow the Ways and Means Committee will hear from the court about fees. I’ve learned that the court will ask that the 5% surcharge that was imposed on filing fees as part of judicial restructuring in 2010 be made permanent.