§ 51-277 — Powers and duties of division. Representation of the state by Chief State's Attorney.

Connecticut § 51-277

• Jurisdiction: Connecticut
• Title 51: Courts
• Ch. 886: Division of Criminal Justice

Text

(a) The division shall exercise all powers and duties with respect to the investigation and prosecution of criminal matters conferred upon or required of it by this chapter, or conferred upon or required of state's attorneys, assistant state's attorneys and deputy assistant state's attorneys of the Superior Court by the common and statutory law of this state. (b) The division shall take all steps necessary and proper to prosecute all crimes and offenses against the laws of the state and ordinances, regulations and bylaws of any town, city, borough, district or other municipal corporation or authority. (c) The division, through the Chief State's Attorney, shall participate on behalf of the state in all appellate, post-trial and postconviction proceedings arising out of the initiation of any criminal action whether or not the proceedings are denominated civil or criminal for other purposes. (d) (1) The Chief State's Attorney and each deputy chief state's attorney may sign any warrants, informations, applications for grand jury investigations and applications for extradition. (2) The Chief State's Attorney may, with the prior consent of the state's attorney for the judicial district, appear in court to represent the state. (3) The Chief State's Attorney may represent the state in lieu of a state's attorney for a judicial district in any investigation, criminal action or proceeding if the Chief State's Attorney finds by clear and convincing evidence, misconduct, conflict of interest or malfeasance of a state's attorney, provided, upon request of such state's attorney, the Criminal Justice Commission, pursuant to regulations adopted in accordance with chapter 54, and after notice and hearing and good cause shown, may designate such state's attorney to represent the state in such investigation, criminal action or proceeding. In any case where the Chief State's Attorney indicates his intent to represent the state in lieu of a state's attorney under this subdivision, and such state's attorney objects to such representation, upon the request of such state's attorney the Chief State's Attorney and the state's attorney shall each prepare a written statement of their claims relative to such representation. Both statements shall be submitted to the commission to be considered by it at such hearing and shall become a permanent record which may be reviewed by the commission and used at the time of reappointment of the Chief State's Attorney or such state's attorney. See Sec. 31-290d re workers' compensation fraud unit within the office of the Chief State's Attorney in the Division of Criminal Justice.

Legislative History

(P.A. 73-122, S. 3, 27; P.A. 74-183, S. 48, 291; 74-186, S. 7, 12; P.A. 82-248, S. 134; 82-472, S. 137, 183; P.A. 84-406, S. 3, 13; P.A. 85-440, S. 4, 7; P.A. 86-213, S. 2; P.A. 87-477, S. 1; P.A. 89-345, S. 1; P.A. 04-123, S. 1; P.A. 05-288, S. 173.) History: P.A. 74-183 changed applicable date from July 1, 1973, to December 31, 1974; P.A. 74-186 authorized chief and deputy chief state's attorneys to sign warrants, informations and applications for grand jury investigations or extradition and to represent state in criminal trials; P.A. 82-248 rephrased the section, inserted Subsec. indicators, deleted reference in Subsec. (a) to “prosecuting attorneys and assistant prosecuting attorneys of the circuit court”, added in Subsec. (a) “and deputy assistant state's attorneys” and added in Subsec. (d) “assistant state's attorney or deputy assistant state's attorney”; P.A. 82-472 deleted obsolete reference to “county”; P.A. 84-406 amended Subsec. (d) to delete reference to deputy chief state's attorney as eligible for appointment by chief justice to represent state, effective November 28, 1984, upon certification by secretary of state of the vote on the constitutional amendment concerning appointment of state's attorneys; P.A. 85-440 amended Subsec. (d) by replacing “chief justice” with “criminal justice commission”; P.A. 86-213 amended Subsec. (b) by adding “through the chief state's attorney” and added Subsec. (d)(2) re representation of the state by the chief state's attorney in lieu of a state's attorney; P.A. 87-477 amended Subsec. (d) by adding provision that upon request of state's attorney, the criminal justice commission may designate such state's attorney to represent state after notice and hearing; P.A. 89-345 amended Subsec. (d)(2) re representation by the chief state's attorney in lieu of a state's attorney; P.A. 04-123 amended Subsec. (d) to designate as Subdiv. (1) existing provision authorizing the Chief State's Attorney and each deputy chief state's attorney to sign warrants, informations, applications for grand jury investigations and applications for extradition, delete former Subdiv. (1) authorizing the Chief State's Attorney to be appointed by the Criminal Justice Commission to represent the state in criminal trials upon application of a state's attorney for good cause shown and after showing no other state's attorney is available, add new Subdiv. (2) authorizing the Chief State's Attorney, with the prior consent of the state's attorney for the judicial district, to appear in court to represent the state, and redesignate existing Subdiv. (2) as Subdiv. (3) and amend said Subdiv. to delete “whenever the interest of the state will be furthered by so doing” as a condition for the representation of the state by the Chief State's Attorney in lieu of a state's attorney and to make a technical change; P.A. 05-288 made a technical change in Subsec. (d)(1), effective July 13, 2005. Cited. 234 C. 539. Cited. 43 CS 38.