Probate Judge Contest Sparks Discussion About Commitment

By John Voket

Newtown Democrat and attorney Tim Holian has been his party’s only choice to take over the soon-to-be-regionalized Probate Court District, despite the fact that the entire scope of his probate experience has been facing probate judges — not acting in that capacity.

And he has stood by, quietly campaigning throughout the future district incorporating Newtown, Redding, Ridgefield, and Bethel since last spring when he became the Democrat’s endorsed candidate in all four communities.

The Republican’s choice for the slot, Ridgefield’s sitting Judge Joseph Egan, is on the November 2 ballot as a result of defeating two other sitting judges, Moira Rodgers of Newtown and Daniel O’Grady of Bethel, in an August primary.

In his final appeal, a letter circulated October 21, Judge Egan stressed some of the same points he made a few nights earlier during introductory remarks at a Newtown Bee candidates’ forum at Edmond Town Hall — primarily bringing to the expanded office what he calls “the human element” above all other requirements. 

Citing his 20 years on the probate bench, Judge Egan noted that he has been present in his local jurisdiction on almost a daily basis. Almost, because he has concurrently maintained his own separate legal practice.

And therein lies perhaps the most significant differentiation between each probate candidate in terms of how they have committed to carry on if elected to the regional seat.

Mr Holian has pledged to shutter his local legal practice in favor of devoting all his attention to the regional probate responsibilities, while Judge Egan has repeatedly stated that a limited private law practice will not impede his commitment to provide the probate services required of the more than 78,000 residents in the new regional court territory.

On October 6, Mr Holian told The Bee “[I will] discontinue my law practice to devote my full attention to the inevitable growing pains of the new probate court, and to the greatly expanded work load soon to be generated by the 78,000 people of the district.”

He added to do otherwise “would work a disservice to the people of Bethel, Newtown, Redding, and Ridgefield who, frankly, deserve no less than the level of dedication, commitment, and undivided attention I will bring to the position as your full-time probate judge.”

Mr Holian also pointed out an issue Judge Egan has not addressed: by discontinuing his law practice if elected to the probate bench, he will distance himself from any new or potential conflicts of interest, perceived or real, thereby making disruption of court business less likely.

“While it is permissible for a sitting probate judge to continue to practice law while serving, I strongly believe that to do so in a district as large as ours is not advisable and [is] a disservice to those served by the probate court,” Mr Holian said.

Judge Egan has continued to focus on his 40 years of legal experience and 20 years of judicial experience, which he said will help with the administrative part of the position.

“But presiding over these matters has reinforced my feeling that it is most important for a probate judge to be kind, compassionate, and understanding,” Judge Egan stated.

He said unlike other judges, a probate judge does not wear a robe and does not sit on a bench high above the parties.

“A probate judge sits at a table with the parties and looks them in the eye,” Judge Egan said. “The judge can feel their anxiety and pain and must exert a calming influence on the situation. It is here where the judge must be understanding and a good listener and be able to guide the person through a very difficult time, both emotionally and sometimes financially.”

During the local candidate forum, Judge Egan did make it a point to remind attendees there would be a net increase in probate clerks as a result of the regionalization. And he acknowledged that the occasional hearing brings the need to render life-changing decisions and refereeing emotionally charged conflicts in estate settlement cases.

Mr Holian, on the other hand, reminded attendees that he has acted as a Danbury district trial referee, and restated his concern that a part-time judge maintaining his own separate practice would “result in both jobs being done poorly.”

“On a pragmatic note, your probate judge is going to be pretty well paid for this job — it’s a full-time, six-figure salary,” Mr Holian concluded. “And it’s my belief that the recipient should respond with a commensurate full-time effort.”