“Legislature must address Probate Court shortages”

“The current flood of cases inundating the Probate & Family Court has put a spotlight on the longstanding and dire shortage of judges …

[T]he litigation of divorces; complaints for custody, support and parenting time; … that are handled by the court are often complex and in many instances impact entire families.

And these cases rarely conclude with the first adjudication. Rather, they often become the subject of modification and contempt complaints. Thus, old cases are repeatedly relitigated, while new cases continue to be filed.

Due to an insufficient number of judges, individuals and families must appear, litigate and wait, sometimes for months on end, for a judge’s decision. The litigants are forced to bide their time, unable to move on with their lives, and often suffer additional emotional anguish and significant financial costs.

And the court’s delays in issuing decisions are compounded by the disproportionate number of proceedings in which written findings are specifically indicated. In fact, in no fewer than 181 distinct circumstances, Probate & Family Court judges are required to issue written determinations.

Acknowledging that the public deserves better and that the Probate & Family Court has reached a crisis point, the Trial Court has launched an initiative to add eight new judges to the court…

This initiative, if successful, would help ease the current strain on judges in the court, but more importantly it would be a step toward addressing the current, intolerable delays in obtaining judgments, and it would allow the court to better serve the public interest. …”

Editorial, Massachusetts Lawyers Weekly, March 20,2023, p. 30.