Connecticut Judicial Selection Commission v. Larson

745 F. Supp. 88, 1989 U.S. Dist. LEXIS 17040, 1989 WL 223278
CourtDistrict Court, D. Connecticut
DecidedDecember 6, 1989
DocketCiv. No. H-89-610 (JAC)
StatusPublished
Cited by4 cases

This text of 745 F. Supp. 88 (Connecticut Judicial Selection Commission v. Larson) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Connecticut Judicial Selection Commission v. Larson, 745 F. Supp. 88, 1989 U.S. Dist. LEXIS 17040, 1989 WL 223278 (D. Conn. 1989).

Opinion

RULING ON MOTION TO DISMISS

JOSÉ A. CABRANES, District Judge:

Introduction

Plaintiffs, an agency of the State of Connecticut and its five non-attorney members,1 brought this suit on September 20, 1989, seeking relief from Public Act No. 89-238 (the “Act”), which makes changes in the procedures and composition of the Connecticut Judicial Selection Commission (the “Commission”). Those changes include shortening the terms of the Commission’s non-attorney members so that they ended on September 30, 1989, instead of November 19, 1992. Defendants include the replacements named to the Commission’s non-attorney membership positions as of October 1,1989, as well as the leaders [90]*90of the General Assembly, who are charged by the Act with the appointment of replacements for the non-attorney members.

The original complaint claimed that the Act violates Article 1, Section 10 of the United States Constitution because it is a bill of attainder,2 aimed at punishing a clearly identifiable group. That complaint also alleged violations of Connecticut common law, as stated in State ex rel. Birdsey v. Baldwin, 45 Conn. 134 (1877), and of the twenty-fifth amendment of the Connecticut Constitution (the “Amendment”).3 An Amended Complaint (filed Oct. 10, 1989) added the claim that the Act violates the Fourteenth Amendment of the United States Constitution4 and 42 U.S.C. § 1983 (“§ 1983”)5 by depriving the individual plaintiffs of a property right in their office without due process of law.

Oral argument on defendants’ Motion to Dismiss (filed Oct. 4, 1989) was heard on October 31, 1989. On the basis of that argument and the full record in this case, I am persuaded that (1) plaintiffs do not lack standing or competence to assert these claims, (2) the due process claim does not present a “substantial federal question” and so does not fall within the jurisdiction of this court,6 and (3) the bill of attainder claim, the only claim over which this court has jurisdiction, is without merit. Therefore, for the reasons set forth below, defendants’ motion to dismiss is granted.

I. Facts

The Commission was created by a two step process. First, on July 12, 1985, the General Assembly adopted enabling legislation for the Commission, Connecticut Public Act 85-586 (“the Original Act”),7 which would take effect upon the official certification of the adoption by the electorate of the proposed Amendment. Second, the Amendment was adopted by the citizens of Connecticut on November 4, 1986 and went into effect on November 19, 1986. The Original Act went into effect on this latter date, in accordance with its terms.

The Amendment provides, in pertinent part, that “[¡judges of all courts, except those courts to which judges are elected, shall be nominated by the governor exclusively from candidates submitted by the judicial selection commission.”8 The Original Act provided, inter alia, that each of the twelve commissioners — six non-attorneys chosen by the legislative leadership and six attorneys chosen by the governor— would serve six-year terms.9 It also required that the Commission’s activities would be confidential.10

Plaintiffs contend that by passing the Amendment and the Act, “Connecticut joined a growing number of jurisdictions in adopting a system of merit selection of judges.” Memorandum in Support of Plaintiffs’ Motion for Preliminary Injunction (filed Sept. 28, 1989) at 2. They also [91]*91claim that the provisions of the Original Act were intended “to assure the independence of the Commission,” id. at 4, and were effectively incorporated into the Amendment. They argue that because the Original Act set the stage for the referendum on the Amendment, the voters acted on the Amendment with an effective knowledge of the terms of the Original Act.

Members of the Commission were appointed in accordance with the Original Act. Plaintiffs assert in their complaint and in their arguments to the court that the Commission failed to nominate as judges and workers’ compensation commissioners individuals endorsed or supported by political leaders and that the Act was adopted in 1989 in retaliation for the Commission’s failure to nominate those candidates. See Amended Complaint at ¶ 10.

The Act became effective on its passage on June 22, 1989. It repealed the Original Act, while simultaneously reenacting most of its provisions. However, it contained several significant changes. The Act provided that the terms of non-attorney members would expire on September 30, 1989, instead of November 19, 1992. Unlike future Commission members, the non-attorney members whose terms were thus abbreviated were explicitly made eligible for reappointment.11

The Act also (1) shortens the term of all Commission members from six years to three years, except for incumbent attorney members; (2) mandates that Commission votes on the qualification of new nominees (as opposed to incumbent judges) not be by secret ballot, as had been the practice for all Commission votes in the past;12 (3) requires that the Commission adopt regulations pursuant to the Uniform Administrative Procedure Act; and (4) provides that the majority leaders of the Senate and House of Representatives shall each appoint one member of the Commission and that the President Pro Tempore of the Senate and Speaker of the House shall each appoint one, rather than two, members of the Commission.

Defendants argue that plaintiffs lack standing, that this case does not present a substantial federal question, and that plaintiffs’ substantive claims must fail as a matter of law. I will consider each argument in turn.

II. Standing

Defendants allege defects in the “standing” of both the Commission and the individual plaintiffs.

A. The Commission’s Authority to Sue

Defendants first argue generally that the Commission is nowhere specifically empowered to sue and that “[wjhat the [Commission] and its members are attempting to do here is confer upon themselves a power that they do not have, act beyond their constitutional and statutory authority, and modify the provisions granting the Commission its powers.” Memorandum of Law in Support of Defendants’ Motion to Dismiss (filed Oct. 4, 1989) (“Defendants’ Memorandum”) at 6. However, the cases on which defendants rely for that proposition are irrelevant since they deal with agencies entirely the creatures of the legislature. Whatever its exact degree of independence, the existence of the Commission is required by the Connecticut Constitution.

That the Commission is not specifically authorized to bring this suit is not relevant as long as the basic requirements of standing have been met:

Standing is not a technical rule.... Rather it is a practical concept designed to ensure that courts and parties are not vexed by suits brought to vindicate non-justiciable interests and that judicial decisions which may affect the rights of others are forged in hot controversy with each view fairly and vigorously represented.

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Bluebook (online)
745 F. Supp. 88, 1989 U.S. Dist. LEXIS 17040, 1989 WL 223278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connecticut-judicial-selection-commission-v-larson-ctd-1989.