Sytek: Eliminate The Obsolete Position Of Register Of Probate

By Donna Sytek, NH Journal

Tucked away at the bottom of this November’s ballot is a somewhat puzzling constitutional amendment question. Right after you have cast your vote for register of probate, Question 1 asks if you are in favor of eliminating that office. The language of the proposed amendment accomplishes this by listing the remaining county officials who will continue to be elected. I strongly support adoption of this amendment.

In 2016, I was elected Rockingham County register of probate. My reason for running was a little unusual: I pledged to work to eliminate this office. When I took the oath of office along with the register of deeds, county attorney, county sheriff, and county treasurer, I felt out of place: They are all part of county government. As register, I was technically part of the state court system, albeit with no responsibilities.

Historically, the register of probate served as the clerk of the probate court, supporting the judge in handling estates, guardianships and adoptions, and supervising a professional staff.

In 2011, as part of a court reorganization that eliminated 50 positions and saved $3 million annually, the legislature stripped away the responsibilities of this elected position and transferred them to a court employee, the clerk of the probate division of the circuit court. However, because the office is in the constitution, the legislature could not eliminate it by statute.

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 a stipend of $100 a year. If the amendment passes, the person elected will not take office.

We have had seven elections since the position of register of probate was stripped of its duties. In 2022, this question got 62.8% of the vote, just short of the two-thirds required.

It’s time to eliminate this vestige of the past. The House and the Senate voted overwhelmingly to ask the voters to amend the constitution to delete all references to this office. Please vote yes on Question 1 to eliminate this do-nothing job.

Donna Sytek was the first woman to be elected Speaker of the New Hampshire House of Representatives. She wrote this for NHJournal.com.

This story was originally published by the NH Journal, an online news publication dedicated to providing fair, unbiased reporting on, and analysis of, political news of interest to New Hampshire. For more stories from the NH Journal, visit NHJournal.com.