§ 52-434 — State referees.

Connecticut § 52-434

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 910: Committees, Auditors and Referees

Text

(a) Appointment of retired judges and members of the bar. Cases referred. (1) Each judge of the Supreme Court, each judge of the Appellate Court, each judge of the Superior Court and each judge of the Court of Common Pleas who ceases or has ceased to hold office because of retirement other than under the provisions of section 51-49 and who is an elector and a resident of this state shall be a state referee for the remainder of such judge's term of office as a judge and shall be eligible for appointment as a state referee during the remainder of such judge's life in the manner prescribed by law for the appointment of a judge of the court of which such judge is a member. The Superior Court may refer any civil, nonjury case or with the written consent of the parties or their attorneys, any civil jury case pending before the court in which the issues have been closed to a judge trial referee who shall have and exercise the powers of the Superior Court in respect to trial, judgment and appeal in the case, and any proceeding resulting from a demand for a trial de novo pursuant to subsection (e) of section 52-549z may be referred without the consent of the parties to a judge trial referee who has been specifically designated to hear such proceedings pursuant to subsection (b) of this section. The Superior Court may, with the consent of the parties or their attorneys, refer any criminal case to a judge trial referee who shall have and exercise the powers of the Superior Court in respect to trial, judgment, sentencing and appeal in the case, except that the Superior Court may, without the consent of the parties or their attorneys, (A) refer any criminal case, other than a criminal jury trial, to a judge trial referee assigned to a geographical area criminal court session, and (B) refer any criminal case, other than a class A or B felony or capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, to a judge trial referee to preside over the jury selection process and any voir dire examination conducted in such case, unless good cause is shown not to refer. (2) Each judge of the Circuit Court who has ceased to hold office because of retirement other than under the provisions of section 51-49 and who is an elector and a resident of this state shall be a state referee for the remainder of such judge's term of office as a judge and shall be eligible for appointment as a state referee during the remainder of such judge's life in the manner prescribed by law for the appointment of a judge of the court of which such judge is a member, to whom the Superior Court may, with the written consent of the parties or their attorneys, refer any case pending in court in which the issues have been closed and which the judges of the Superior Court may establish by rule to be the kind of case which may be heard by such referees who have been appointed judge trial referees pursuant to subsection (b) of this section. The judge trial referee shall hear any such case so referred and report the facts to the court by which the case was referred. (3) Each judge of the Juvenile Court who ceases or has ceased to hold office because of retirement other than under the provisions of section 51-49 and who is an elector and a resident of this state shall be a state referee for the remainder of such judge's term of office as a judge and shall be eligible for appointment as a state referee during the remainder of such judge's life in the manner prescribed by law for the appointment of a judge of the court of which such judge is a member, to whom a judge before whom any juvenile matter is pending may, with the written consent of the child concerned, either of such child's parents, or such child's guardian or attorney, refer any juvenile matter pending, provided such referee has been appointed a judge trial referee specifically designated to hear juvenile cases pursuant to subsection (b) of this section. The judge trial referee shall hear any matter so referred and report the facts to the court for the district from which the matter was referred. (4) In addition to the judge trial referees who are appointed pursuant to subdivision (1), (2) or (3) of this subsection, the Chief Justice may appoint, from qualified members of the bar of the state, who are electors and residents of this state, as many state referees as the Chief Justice may from time to time deem advisable or necessary. No appointment of a member of the bar may be for a term of more than three years. Notwithstanding the provisions of subsection (f) of this section, state referees appointed by the Chief Justice from members of the bar shall receive such reasonable compensation and expenses as may be determined by the Chief Justice. The Superior Court may appoint a state referee pursuant to this subdivision to take such evidence as it directs in any civil, nonjury case including, but not limited to, appeals under section 8-8 . Any such state referee shall report on such evidence to the court with any findings of fact. The report shall constitute a part of the proceeding upon which the determination of the court shall be made. (b) Judge trial referees. The Chief Justice may designate, from among the state referees, judge trial referees to whom criminal and civil cases and juvenile matters may be referred. Criminal cases and civil cases of an adversary nature shall be referred only to state referees who are designated as judge trial referees, and proceedings resulting from a demand for a trial de novo pursuant to subsection (e) of section 52-549z shall be referred only to judge trial referees who are specifically designated to hear such proceedings. On or before October first of each year, the Chief Court Administrator shall publish the list of the judge trial referees specifically designated to hear such proceedings. Juvenile matters shall be referred only to judge trial referees who are specifically designated to hear juvenile cases. No designation pursuant to this subsection may be for a term of more than one year. (c) Hearing rooms. Each hearing by a judge trial referee shall be held in a suitable room, to be provided by the Office of the Chief Court Administrator, in a courthouse in the judicial district where the case is pending unless the parties or their attorneys stipulate in writing that the hearing may be held elsewhere. (d) Attendance of judicial marshal. Each judge trial referee may have the attendance of a judicial marshal at any hearing before such trial referee. The judicial marshal shall receive the same compensation provided for attendance at regular sessions of the court from which the case was referred and such compensation shall be taxed by the state referee in the same manner as similar costs are taxed by the judges of the court. (e) Attendance of witnesses. Contempt of power. Each judge trial referee may compel the attendance of any witness summoned to appear before such trial referee at any hearing, in the same manner as the attendance of any witness may be compelled in the Superior Court, and may punish for any act of contempt committed in such trial referee's presence while engaged in the hearing in the same manner and to the same extent as judges of the Superior Court. (f) Compensation. Each judge trial referee shall receive, for acting as a referee or as a single auditor or committee of any court or for performing duties assigned by the Chief Court Administrator with the approval of the Chief Justice, for each day the judge trial referee is so engaged, in addition to the retirement salary: (1) (A) on and after July 1, 2022, the sum of two hundred eighty-five dollars, (B) on and after July 1, 2023, the sum of two hundred ninety-four dollars, and (C) on and after July 1, 2024, the sum of three hundred two dollars; and (2) expenses, including mileage. Such amounts shall be taxed by the court making the reference in the same manner as other court expenses. (g) Participation in alternative dispute resolution program approved by STA-FED ADR, Inc. A judge trial referee may participate in an alternative dispute resolution program approved by STA-FED ADR, Inc. in any year commencing July first provided such referee performed the duties of a judge trial referee or a senior judge for at least seventy-five days during the preceding year, except that (1) for the year commencing July 1, 1993, a judge trial referee may participate in said alternative dispute resolution program without having performed the duties of a judge trial referee or senior judge for seventy-five days during the preceding year, and (2) a judge trial referee may participate in said alternative dispute resolution program from the date such referee assumes such status, through the completion of the year commencing July first following such date without having satisfied the seventy-five-day requirement. Any judge trial referee who participates in said alternative dispute resolution program pursuant to subsection (f) of section 51-50c without having satisfied the seventy-five-day requirement set forth in said subsection shall not be eligible to participate in said program pursuant to this subsection without having satisfied the seventy-five-day requirement set forth in this subsection. See Conn. Const. Art. V, S. 6 re powers of state referees.

Legislative History

(1949 Rev., S. 8177; 1955, S. 3207d; 1959, P.A. 363, S. 1; 1963, P.A. 149; 642, S. 56; 1967, P.A. 621, S. 5; 628, S. 5; 1971, P.A. 720; P.A. 73-282; P.A. 74-183, S. 107, 291; P.A. 76-436, S. 496, 681; P.A. 77-576, S. 46, 65; 77-614, S. 73, 610; P.A. 78-280, S. 1, 127; 78-377, S. 2, 4; P.A. 79-426, S. 3; 79-608, S. 4, 10; P.A. 80-222, S. 1; P.A. 82-160, S. 167; 82-392, S. 2, 3; June Sp. Sess. P.A. 83-29, S. 46, 82; June Sp. Sess. P.A. 83-35, S. 3, 9; P.A. 84-37, S. 1, 3; 84-436, S. 10, 12; P.A. 86-346; P.A. 87-508, S. 9, 10; P.A. 93-108, S. 4, 6; 93-313, S. 1, 4; P.A. 94-63; P.A. 95-80, S. 2, 3; 95-225, S. 30; P.A. 96-37, S. 8; P.A. 97-40, S. 5, 18; 97-178, S. 4; June 18 Sp. Sess. P.A. 97-11, S. 38, 65; July 21 Sp. Sess. P.A. 97-1, S. 5, 8; P.A. 98-245, S. 13, 14; P.A. 99-215, S. 22; June Sp. Sess. P.A. 99-1, S. 40, 51; P.A. 00-99, S. 115, 154; 00-191, S. 15; P.A. 01-84, S. 5, 26; 01-195, S. 63, 64, 181; 01-203, S. 1; May Sp. Sess. P.A. 04-2, S. 15; June Sp. Sess. P.A. 05-3, S. 6; P.A. 12-5, S. 16; P.A. 13-247, S. 243; June Sp. Sess. P.A. 15-5, S. 463; May Sp. Sess. P.A. 16-3, S. 90; June Sp. Sess. P.A. 17-2, S. 255; June Sp. Sess. P.A. 21-2, S. 12; P.A. 22-118, S. 132; P.A. 23-204, S. 82.) History: 1959 act added provisions re appointment of judges ceasing to hold office after reaching age of 70 as state referees and re payment of state referees and designation of trial referees and stipulated chief justice's power to determine compensation and expense payments for state referees applies only to referees appointed from members of bar; 1963 acts provided public works commissioner rather than sheriff provide room for hearing and raised payment to referee from $25 to $35, adding expenses, including mileage; 1967 acts referred to judges retiring “other than under the provisions of section 51-49 rather than to judges reaching age of seventy”, provided for referees to have powers of court in respect to trial, judgment and appeal and raised payment to referee to $50; 1971 act added provisions specifically applicable to appointment of circuit court judges as state referees, amending other provisions as necessary to reflect inclusion of circuit court judges as referees; P.A. 73-282 added provisions re appointment of juvenile court judges as state referees; P.A. 74-183 deleted reference to courthouses for “circuits”, circuit courts having been abolished in reorganization of judicial system, effective December 31, 1974; P.A. 76-436 amended section to remove power of common pleas and juvenile courts to refer cases to referees, reflecting transfer of all trial jurisdiction to superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-576 raised payment to referees from $50 to $100 per day, effective July 1, 1979; P.A. 77-614 replaced public works commissioner with commissioner of administrative services as authority providing rooms for hearings; P.A. 78-280 deleted reference to counties; P.A. 78-377 changed effective date of P.A. 77-576 as it affects this section from July 1, 1979 to January 1, 1979; P.A. 79-426 stated that judges meeting requirements for state referee are “eligible for appointment ...” as such where previously wording indicated that appointment was automatic; P.A. 79-608 reduced payment for state referees to $75 per day; P.A. 80-222 specified that judges who retire during term are to be referees for remainder of that term and are thereafter eligible for appointment as previously provided; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 82-392 specified that written consent of parties or attorneys must be obtained prior to referral to state referees of civil jury cases only where previously such consent was required prior to referral of any case; June Sp. Sess. P.A. 83-29 included reference to each judge of the appellate court in Subsec. (a); June Sp. Sess. P.A. 83-35 amended Subsec. (f), increasing compensation of state referee from $75 to $100 per day, effective April 1, 1984; P.A. 84-37 amended Subsec. (f) to permit compensation for performing duties assigned by the chief court administrator with the approval of the chief justice; P.A. 84-436 amended Subsec. (c) to replace commissioner of administrative services with office of the chief court administrator, effective July 1, 1985; P.A. 86-346 amended Subsec. (f) to increase per diem compensation from $100 to $125; P.A. 87-508 amended Subsec. (a) to specify that referees be electors and residents of this state; P.A. 93-108 added Subsec. (g) permitting state trial referee to participate in alternative dispute resolution program approved by STA-FED ADR, Inc., effective June 3, 1993; P.A. 93-313 amended Subsec. (f) by increasing per diem for state referee from $125 to $160, effective July 1, 1993; P.A. 94-63 amended Subsec. (a) by adding provisions re referral of criminal cases to state referees and amended Subsec. (b) by specifying applicability to both civil and criminal cases; P.A. 95-80 amended Subsec. (a) by deleting requirement of written consent for referral of criminal case, effective May 31, 1995; P.A. 95-225 amended Subsec. (b) to authorize juvenile matters to be referred to trial referees and require that juvenile matters be referred only to trial referees who are specifically designated to hear juvenile cases; P.A. 96-37 changed “state trial referee” to “judge trial referee”; P.A. 97-40 amended Subsec. (a) by increasing term of appointment of member of the bar from one to three years and made a technical change in Subsec. (g); P.A. 97-178 amended Subsec. (a) by eliminating requirement of written consent of parties or attorneys for referral of civil jury case; June 18 Sp. Sess. P.A. 97-11 amended Subsec. (a) to restore language deleted by P.A. 97-178, effective July 1, 1997; July 21 Sp. Sess. P.A. 97-1 amended Subsec. (f) to increase per diem compensation to $170 on and after October 1, 1997, and to $175 on and after October 1, 1998, effective July 23, 1997; P.A. 98-245 amended Subsec. (a) to provide that Superior Court may, without consent of parties, refer criminal case other than criminal jury trial to judge trial referee and any criminal case, other than class A or B felony or capital case to judge trial referee for jury selection and voir dire, unless good cause shown not to refer and throughout section, “referee” and “state referee” changed to “judge trial referee”; P.A. 99-215 amended Subsec. (g) by making a technical change, correcting reference to Sec. 51-50c(f); June Sp. Sess. P.A. 99-1 added Subsec. (f)(3) to increase per diem compensation from $175 to $200, effective July 1, 1999; P.A. 00-99 replaced references to sheriff and deputy sheriff with judicial marshal in Subsec. (d), effective December 1, 2000; P.A. 00-191 amended Subsec. (a)(4) to add provisions re appointment of state referee to take evidence in any civil, nonjury case, including Sec. 8-8 appeals, and to report such evidence and findings of fact to the court; P.A. 01-84 amended Subsec. (f) to delete former Subdivs. (1) and (2) and made a technical change, effective July 1, 2001; P.A. 01-195 made technical changes in Subsecs. (a)(4) and (d) for purposes of gender neutrality, effective July 11, 2001; P.A. 01-203 amended Subsec. (a)(1) to add provision re Superior Court referral of proceeding resulting from demand for trial de novo to judge trial referee specifically designated to hear such proceedings without consent of parties, amended Subsec. (b) to add provisions re hearing of proceedings resulting from demand for trial de novo and re publication of list of judge trial referees specifically designated to hear such proceedings, and made technical changes in Subsecs. (a), (b), (d), (e) and (g); May Sp. Sess. P.A. 04-2 amended Subsec. (f) by increasing per diem compensation from $200 to $211, effective January 1, 2005; June Sp. Sess. P.A. 05-3 amended Subsec. (f) to increase the per diem compensation from $211 to $215 on and after January 1, 2006, and before January 1, 2007, and from $215 to $220 on and after January 1, 2007, insert Subdiv. and Subpara. designators and reposition and rephrase language, effective January 1, 2006; P.A. 12-5 amended Subsec. (a)(1)(B) to add reference to provisions of Sec. 53a-54b in effect prior to April 25, 2012, re capital felony, effective April 25, 2012; P.A. 13-247 amended Subsec. (f) to increase per diem compensation from $215 to $232 on and after July 1, 2013, and from $220 to $244 on and after July 1, 2014, effective July 1, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (f)(1) by deleting provision re compensation received on and after July 1, 2013, adding provisions increasing per diem compensation to $251 on and after July 1, 2015, and to $259 on and after July 1, 2016, and making conforming changes, effective July 1, 2015; May Sp. Sess. P.A. 16-3 amended Subsec. (f)(1)(C) by substituting “July 1, 2017” for “July 1, 2016”, effective June 2, 2016; June Sp. Sess. P.A. 17-2 amended Subsec. (f)(1) by adding “and prior to October 31, 2017” in Subpara. (C), adding Subpara. (D) re $251 on and after October 31, 2017, adding Subpara. (E) re $259 on and after July 1, 2019, and made technical changes, effective October 31, 2017; June Sp. Sess. P.A. 21-2 amended Subsec. (f)(1) by deleting former Subparas. (A) to (D) re per diem compensation, redesignating existing Subpara. (E) as Subpara. (A) and adding new Subpara. (B) re $271 on and after July 1, 2021, effective June 23, 2021; P.A. 22-118 amended Subsec. (f)(1) by deleting former Subpara. (A) re per diem compensation received on and after July 1, 2019, redesignating existing Subpara. (B) as Subpara. (A) and adding new Subpara. (B) re $285 per diem compensation on and after July 1, 2022, effective July 1, 2022; P.A. 23-204 amended Subsec. (f)(1) by deleting former Subpara. (A) re per diem compensation received on and after July 1, 2021, redesignating existing Subpara. (B) as Subpara. (A) and adding new Subpara. (B) re $294 per diem compensation received on and after July 1, 2023, and Subpara. (C) re $302 per diem compensation received on and after July 1, 2024, effective July 1, 2023. Report of referee stands before court as would a report from a committee. 58 C. 374. Cited. 136 C. 82; 158 C. 16; Id., 291. History, nature and jurisdiction of state trial referees; Sec. 51-29, limiting time for decision, is inapplicable to state trial referees. 164 C. 360. Cited. 172 C. 362; 176 C. 391. Statute is not unconstitutional by allowing retired judges to exercise judicial power; although party did not consent to a hearing before referee, her attorney consented and a client is bound by the acts of her attorney. 177 C. 173. Cited. 181 C. 217. The written consent of parties provided for in statute not applicable to cases referred to referee under Sec. 46b-9. Id., 225. Cited. Id., 492; 186 C. 211; 199 C. 496. Consent to referral to referee implicit with failure to object to referral in timely fashion. 203 C. 246. Cited. Id., 364; 222 C. 799; 226 C. 475; 229 C. 627, see also 36 CA 270; 238 C. 839; 241 C. 423. Cited. 2 CA 351; 7 CA 136; 15 CA 150; 20 CA 148; 31 CA 723; 43 CA 397. At the time of jury selection, the senior judge had retired from full-time service but had not attained the age of 70; he continued to have the power to preside over jury selection as well as every other power of a Superior Court judge; he did not need to obtain consent of the parties. 108 CA 156. Judge trial referees exercise the same jurisdiction as judges of the Superior Court, and any limitation contained in general statutes or rules of practice regarding the types of cases that judge trial referees may be involved in do not implicate the jurisdiction of judge trial referees to hear certain of those cases, but, rather, concern their authority to do so. 165 CA 737. Superior Court has no power to refer any matter to a state referee unless all parties consent. 16 CS 460. Cited. 30 CS 354; 31 CS 392; 33 CS 560. Subsec. (a): Subdiv. (4): Not in conflict with Art. V, Secs. 2 and 6 of the Connecticut Constitution; not in violation of due process. 199 C. 496. Subdiv. (4): Statute not void for vagueness under due process. Id., 518. Cited. 200 C. 38; 210 C. 705; 241 C. 423. Cited. 5 CA 104; 9 CA 87; 11 CA 1; 12 CA 190. Subdiv. (4): Limitation under Sec. 52-549n is not applicable to references made pursuant to this section. Id., 348. Cited. Id., 527; 15 CA 696; Id., 817; 17 CA 294; 20 CA 425; 21 CA 359; 25 CA 308; 31 CA 728; judgment reversed in part, see 229 C. 817; 32 CA 133; 34 CA 584; 35 CA 353; 38 CA 491; 41 CA 594. Not necessary for all parties to consent to judge trial referees' participation in pretrial decisions made before the pleadings are closed. 144 CA 79.