CACR13

CACR 13 relating to registers of probate Remarks by Donna Sytek January 21, 2026 Mr. Chairman and members of the Committee: I am Donna Sytek from Salem and a former Register of Probate. I want to thank Rep. Mannion for sponsoring this housekeeping measure at my request. Historically, the elected Register of Probate served as the clerk of the Probate Court, supporting the judge in handling of estates, guardianships, adoptions, and supervising a professional staff. In 2011 the legislature passed a comprehensive reorganization of the district and probate courts and family division, forming a new circuit court. As part of that court reorganization the legislature stripped away the responsibilities of the elected Register of Probate position and transferred them to a court employee, the clerk of the probate division of the circuit court. All that remains of the Register of Probate is the title, which is enshrined in the state Constitution as an elected position along with other county officials. The Register has no office, no phone, no desk, no computer, and no real duties but does have an annual salary of $100. Because the office is in the Constitution, the legislature could not eliminate it by statute when they passed the court reorganization bill. Since then there have been several attempts to restore the former position and duties as part of county government but all failed. There have also been previous CACRs to eliminate the position but only one made it to the ballot. In 2022 this measure got 62.8% of the vote, falling short of the necessary 2/3rds. I believe it was because the wording of the question didn’t explain what was happening. It read: “Are you in favor of amending articles 71 and 81 of the second part of the constitution to read as follows:…” and then just listed the county elected offices without mentioning that the register of probate was being eliminated. CACR 13 on line 20 informs the voter of the effect of the amendment by revising the question to read: “Are you in favor of eliminating the office of register of probate by amending articles 71 and 81 of the second part of the constitution to read as follows:…” This CACR takes care of the unfinished business from 2011. I urge you pass this measure so the voters will have the chance to complete the work the legislature started 15 years ago. I would be happy to answer any questions.

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