§ 51-51q — Recommendation of council re appointment or reappointment of judge and reappointment of family support magistrate and administrative law judge. Information required to be made available to General Assembly judiciary committee.

Connecticut § 51-51q

• Jurisdiction: Connecticut
• Title 51: Courts
• Ch. 872a: Removal, Suspension and Censure of Judges

Text

(a)(1) The Judicial Review Council shall submit its recommendations concerning the nomination for appointment to a different court of any judge or nomination for reappointment of any judge whose term of office is about to expire, including a report of any complaint filed against any such judge and the disposition of any such complaint, and including any investigation of any such judge by the council, to the Governor, to the Judicial Selection Commission and to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, provided the Judicial Selection Commission shall not consider any investigation of the Judicial Review Council which resulted in the exoneration of a judge. (2) In addition to the information required to be submitted under subdivision (1) of this subsection, the Judicial Review Council shall make all complaint files concerning any such judge available to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary. Notwithstanding any provision of the general statutes, if the disposition of a complaint filed against any such judge involved the issuance of an admonishment to or the public censure or suspension of such judge, (A) no information pertaining to the complaint and the investigation and disposition of such complaint may be removed, redacted or otherwise withheld by the Judicial Review Council prior to making such complaint files available to said committee as required by this subdivision, and (B) the Judicial Review Council shall provide to said committee any information, including, but not limited to, any confidential information, in its possession concerning such judge that may be requested in writing by the cochairpersons of said committee. Such information shall be provided to said committee not later than three business days following the date the request is received by the Judicial Review Council. Any confidential information provided to said committee as required by this subdivision shall not be further disclosed to any person or organization. (3) If the Judicial Review Council has reason to believe any such judge is guilty of conduct under section 51-51i , material neglect of duty or incompetence in the conduct of his office, it may refuse to recommend such judge for nomination for appointment to a different court or for reappointment. The Judicial Review Council shall not recommend a judge for nomination for appointment to a different court or for reappointment if the council finds such judge has wilfully violated section 51-39a or has been convicted of a felony or of a misdemeanor involving moral turpitude. (b) The Judicial Review Council shall submit its recommendations concerning the nomination for reappointment of any family support magistrate whose term of office is about to expire, including a report of any investigation of any such family support magistrate by the council, to the Governor and to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary. The Judicial Review Council shall provide information to said committee concerning any complaint filed against such family support magistrate and the investigation and disposition of such complaint, including, but not limited to, confidential information, in the same manner and subject to the same requirements as information provided under subdivisions (1) and (2) of subsection (a) of this section. (c) The Judicial Review Council shall submit its recommendations concerning the nomination for reappointment of any administrative law judge whose term of office is about to expire, including a report of any investigation of such administrative law judge by the council, to the Governor and to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary. The Judicial Review Council shall provide information to said committee concerning any complaint filed against such administrative law judge and the investigation and disposition of such complaint, including, but not limited to, confidential information, in the same manner and subject to the same requirements as information provided under subdivisions (1) and (2) of subsection (a) of this section. (d) If a complaint against any such judge, administrative law judge or family support magistrate is received by the Judicial Review Council and the Judicial Review Council is unable to make its findings and complete its duties with respect to such judge, administrative law judge or family support magistrate prior to the expiration of the term of office of such judge, administrative law judge or family support magistrate, the Judicial Review Council shall not refuse to recommend such judge, administrative law judge or family support magistrate for reappointment based on such complaint, but shall report the fact of such complaint to the Governor and to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.

Legislative History

(P.A. 77-494, S. 12, 18; P.A. 85-586, S. 2, 3; P.A. 86-402, S. 7, 12, 13; P.A. 88-259; P.A. 89-238, S. 2, 4; 89-360, S. 37, 45; P.A. 92-160, S. 5, 19; P.A. 97-132, S. 6; P.A. 05-114, S. 2; P.A. 16-211, S. 2; P.A. 21-18, S. 1.) History: P.A. 85-586 added provision re council's action when it has reason to believe a judge is guilty of misconduct, material neglect of duty or incompetence, effective upon certification by secretary of the state of the vote approving the constitutional amendment re establishment of commission to recommend candidates to governor for nomination as judges; P.A. 86-402 added provisions requiring recommendation to include report of any investigation of judge by council and prohibiting recommendation if council has reason to believe judge is guilty of judicial conduct under Sec. 51-51i and changed effective date of P.A. 85-586, S. 2 to June 9, 1986; P.A. 88-259 replaced prohibition on the council recommending a judge it has reason to believe is guilty of judicial conduct, material neglect of duty or incompetence with provision that it “may refuse to” recommend such judge, and added provision prohibiting recommendation if the council finds the judge has wilfully violated Sec. 51-39a or has been convicted of a felony or a misdemeanor involving moral turpitude; P.A. 89-238 required judicial review council to submit recommendations and investigation reports to the judicial selection commission, provided commission shall not consider investigations which resulted in exoneration of judge; P.A. 89-360 added Subsec. (b) requiring judicial review council to submit recommendations and report of investigation re family support magistrate to the governor; P.A. 92-160 added provisions requiring judicial review council to include any complaint filed against judge and its disposition in its recommendation re appointment or reappointment of judge, make all complaint files available to chairman and ranking members of judiciary committee and submit recommendation re reappointment of compensation commissioner to governor and judiciary committee; P.A. 97-132 added Subsec. (d) re inability of Judicial Review Council to make findings and complete duties re complaint prior to expiration of term of office of judge, compensation commissioner or family support magistrate, prohibition of refusal to recommend such judge, compensation commissioner or family support magistrate based on such complaint and report of such complaint to Governor and judiciary committee; P.A. 05-114 divided Subsec. (a) into Subdivs. (1), (2) and (3), amended Subsec. (a)(1) by replacing provision re report to House and Senate standing committees with provision re report to General Assembly judiciary committee, amended Subsec. (a)(2) by replacing provision re complaint files to be made available to committee chairmen and ranking members with provision re complaint files to be made available to General Assembly judiciary committee and adding requirements re information to be provided to said committee in cases involving admonishment, public censure or suspension of judge, made a technical change in Subsec. (a)(3), amended Subsec. (c) by replacing provision re report to House and Senate standing committees with provision re report to General Assembly judiciary committee and adding requirement re information to be provided to said committee under Subsec. (a)(1) and (2), and made technical changes in Subsec. (d); P.A. 16-211 amended Subsec. (b) by adding provisions re Judicial Review Council to submit recommendations re nomination for reappointment of any family support magistrate to judiciary committee and to provide committee with information re complaints filed against family support magistrate, effective January 1, 2017; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge” in Subsecs. (c) and (d), effective October 1, 2021. Cited. 193 C. 180; 240 C. 157.