§ 45a-63 — (Formerly Sec. 45-11e). Duties and powers of council re complaints against probate judges, probate magistrates, attorney probate referees and judicial candidates.

Connecticut § 45a-63

• Jurisdiction: Connecticut
• Title 45a: Probate Courts and Procedure
• Ch. 801: Probate Court: Administrative Provisions

Text

(a) The Council on Probate Judicial Conduct shall investigate every written complaint brought before it alleging conduct of a probate judge which may violate any law or canon of ethics applicable to probate judges, or failure to perform properly the duties of the office, or conduct prejudicial to the impartial and effective administration of justice which brings the judicial office in disrepute, or final conviction of a felony or of a misdemeanor involving moral turpitude, or disbarment or suspension as an attorney-at-law, or the wilful failure to file a financial statement or the filing of a fraudulent financial statement required under section 45a-68. (b) The council shall investigate every written complaint brought before it alleging that a probate magistrate or attorney probate referee appointed under section 45a-123a has, in the performance of his or her duties as a probate magistrate or attorney probate referee, violated any law or canon of ethics applicable to probate magistrates or attorney probate referees. (c) The council shall investigate every written complaint brought before it alleging that a judicial candidate has, during the period of his or her candidacy, or, if elected, during the period between the date of the election and the start of his or her term of office as judge, violated any law or canon of ethics applicable to judicial candidates. A person becomes a judicial candidate as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the State Elections Enforcement Commission, or authorizes solicitation or acceptance of contributions or support in connection with his or her candidacy for probate judge. (d) In making an investigation under subsection (a), (b) or (c) of this section, the council may use the services of the Division of State Police within the Department of Emergency Services and Public Protection, or any chief inspector, inspector or investigator in the Division of Criminal Justice, or may engage the services of private investigators if it deems such services necessary. (e) If (1) the complaint filed involves a respondent who is a member of the council, the respondent shall be disqualified from acting in his or her capacity as a council member in the investigation and hearing on the matter, or (2) a probate judge who is a member of the council is unable to act for any other reason, a probate judge shall be appointed to act in his or her stead by the president-judge of the Connecticut Probate Assembly, established under section 45a-90 . If a council member appointed by the Chief Justice disqualifies himself or herself with regard to a matter before the council, or is unable to act for any other reason, the Chief Justice shall appoint a substitute member to act in connection with such matter. If a council member appointed by the Governor disqualifies himself or herself with regard to a matter before the council, or is unable to act for any other reason, the Governor shall appoint a substitute member to act in connection with such matter. Any substitute shall satisfy the same criteria for selection as the disqualified member. (f) The council may engage the services of legal counsel who shall direct any investigation ordered by the council. Such counsel may conduct the examination of witnesses, present any evidence deemed relevant, cross-examine witnesses presented by any person and perform such other duties as the council deems necessary for the conduct of its business. (g) The council shall, not later than five days after receipt of such complaint or motion of the council, notify by registered or certified mail the respondent and a copy of such complaint or motion shall accompany such notice. The council shall also notify the complainant of its receipt of such complaint not later than five days thereafter. Any investigation to determine whether or not there is probable cause that misconduct under subsection (a), (b) or (c) of this section has been committed shall be confidential and any individual called by the council for the purpose of providing information shall not disclose his or her knowledge of such investigation to a third party unless the respondent requests that such investigation and disclosure be open. If a respondent is required to disclose a complaint pursuant to rules of procedure adopted under section 45a-78 , any individual to whom the disclosure is made shall not disclose his or her knowledge of such investigation to a third party unless the respondent requests that such investigation and disclosure be open. The respondent shall have the right to appear and be heard and to offer any information which may tend to clear him or her of probable cause to believe that he or she has committed an act of misconduct under subsection (a), (b) or (c) of this section. The respondent shall also have the right to be represented by legal counsel and examine and cross-examine witnesses. (h) The council shall, not later than seven business days after the termination of such investigation, notify the complainant and the respondent that the investigation has been terminated and whether probable cause has been found that misconduct under subsection (a), (b) or (c) of this section has been committed. If the council finds that the respondent has not committed misconduct under subsection (a), (b) or (c) of this section, but the respondent has acted in a manner which gives the appearance of impropriety or constitutes an unfavorable judicial practice, the council may issue a private admonishment to the respondent recommending a change in judicial conduct or practice. (i) As used in this section and sections 45a-64 to 45a-66 , inclusive: (1) “Judicial candidate” means a person seeking election to the office of probate judge who is not an incumbent probate judge; and (2) “respondent” means a probate magistrate or attorney probate referee appointed under section 45a-123a , a probate judge or a judicial candidate against whom a complaint has been filed or motion has been made under this section.

Legislative History

(P.A. 75-592, S. 2; P.A. 77-604, S. 27, 84; 77-614, S. 486, 610; P.A. 78-281, S. 4; P.A. 80-476, S. 21; P.A. 82-338, S. 2; P.A. 83-379, S. 1; P.A. 85-114; P.A. 90-35, S. 1; P.A. 07-115, S. 2; 07-217, S. 161; P.A. 11-51, S. 134; P.A. 15-217, S. 10; P.A. 16-193, S. 16.) History: P.A. 77-604 replaced reference to detectives with reference to chief inspectors and inspectors; P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979; P.A. 78-281 authorized investigation of wilful failure to file or filing of fraudulent financial statement; P.A. 80-476 divided section into Subsecs. and reworded provisions; P.A. 82-338 amended Subsec. (b) to permit council to hire private investigators if it deems such services necessary and added Subsec. (d) permitting employment of legal counsel to direct investigation ordered by council; P.A. 83-379 deleted former Subsec. (a), relettering former Subsecs. (b) to (d) accordingly, adding provision requiring council to investigate every written complaint and adding “conduct prejudicial to the impartial and effective administration of justice”, “final conviction of a felony or of a misdemeanor involving moral turpitude” and “disbarment or suspension as an attorney at law” as grounds for complaint, and added Subsecs. (d) and (e) re notification of judge against whom complaint is filed and of complainant, confidentiality of investigation to determine probable cause, right to a hearing and counsel and issuance of an admonishment; P.A. 85-114 amended Subsec. (e) to require notification re probable cause; P.A. 90-35 amended Subsec. (b) by adding provision re appointment of substitute members of the council if member disqualifies himself or is unable to act for any other reason and amended Subsecs. (d) and (e) by changing “conduct” to “misconduct” and adding “private” before “admonishment”; Sec. 45-11e transferred to Sec. 45a-63 in 1991; P.A. 07-115 amended Subsec. (e) to substitute “seven business days” for “three business days” and make a technical change; P.A. 07-217 made a technical change in Subsec. (e), effective July 12, 2007; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subsec. (a), effective July 1, 2011; P.A. 15-217 made technical changes in Subsec. (a), added new Subsec. (b) re investigation of complaints concerning probate magistrates and attorney probate referees, added new Subsec. (c) re investigation of complaints concerning judicial candidates, redesignated existing provision in Subsec. (a) re use of services of Division of State Police as Subsec. (d) and amended same by adding reference to investigations under Subsec. (a), (b) or (c), redesignated existing Subsec. (b) as Subsec. (e) and amended same by making technical changes and adding “, established under section 45a-90”, redesignated existing Subsec. (c) as Subsec. (f), redesignated existing Subsec. (d) as Subsec. (g) and amended same by making technical and conforming changes and adding provision re disclosure of investigation to third party, redesignated existing Subsec. (e) as Subsec. (h) and amended same by making technical and conforming changes, and added Subsec. (i) defining “judicial candidate” and “respondent”, effective July 1, 2015; P.A. 16-193 made a technical change in Subsec. (e)(2). Annotations to former section 45-11e: Cited. 192 C. 704; 193 C. 180; 215 C. 553. Annotation to present section: Cited. 240 C. 157.