New Hampshire Register of Probate Fights to Keep his Duties From Being Eliminated

After being elected last November as the Hillsborough CountyRegister of Probate, Joseph Kelly Levasseur learned that his new executiveposition has been virtually eliminated by a 2011 statewide reorganization ofthe judicial system.

Levasseur, an alderman-at-large and private practiceattorney, has filed a petition for writ of prohibition with the New HampshireSupreme Court, claiming the reorganization of his position is unconstitutionalbecause it allows an un-elected person to perform the duties of Register ofProbate. 

In 2011, the Probate Court, District Court, and Family Courtwere consolidated into the Circuit Court in order to eliminate a host ofsalaried positions.  Levasseur was awareof this consolidation when he ran for the position, but he had no idea theposition no longer had a desk, an office, or any real duties.  Robert Rivard, the previous Register ofProbate, believes the neutralization of the position was not just about savingmoney, but also a power grab by judges who would rather appoint their ownRegister to oversee the probate division of the Circuit Court.

See Dave Solomon, Hillsborough County Register of ProbateFeels Job Is Gutted, Files Petition with Court, New Hampshire Union Leader,May 20, 2013.