§ 52-434a — Powers of referees.

Connecticut § 52-434a

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

Text

(a) In addition to the powers and jurisdiction granted to state referees under the provisions of section 52-434, a Chief Justice or judge of the Supreme Court, a judge of the Appellate Court, a judge of the Superior Court or a judge of the Court of Common Pleas, who has ceased to hold office as justice or judge because of having retired and who has become a state referee and has been designated as a trial referee by the Chief Justice of the Supreme Court shall have and may exercise, with respect to any civil matter referred by the Chief Court Administrator, the same powers and jurisdiction as does a judge of the court from which the proceedings were referred. (b) In condemnation proceedings in which the assessment fixed by the condemning authority exceeds the sum of two hundred thousand dollars the court may, at the request of either party, or on its own motion, refer the proceedings to the Chief Court Administrator for referral to a committee of three such referees who, sitting together, shall hear and decide the matter. In such matters in which the fees payable to a referee are to be paid by the state, each such referee shall be reimbursed as provided in section 52-434 . (c) The power conferred by this section may be exercised by any such state referee, whether acting in his capacity as a state referee, or as an auditor, or as a committee of one, or by any committee composed of not more than three such state referees, with respect to any civil matter referred to him or to it, the provisions of any general or special law to the contrary notwithstanding.

Legislative History

(1967, P.A. 772; P.A. 74-309, S. 9, 17; P.A. 76-436, S. 10a, 408, 681; P.A. 82-160, S. 168; June Sp. Sess. P.A. 83-29, S. 58, 82.) History: P.A. 74-309 amended Subsec. (a) to specify applicability to matters referred by chief court administrator rather than by superior court or court of common pleas and amended Subsec. (b) to make chief court administrator rather than court responsible for referral to committee of referees; P.A. 76-436 made no change, provisions of Sec. 10a cancelling amendment called for by Sec. 408 of the act; P.A. 82-160 made minor technical changes; June Sp. Sess. P.A. 83-29 included reference to judge of the appellate court in Subsec. (a). Cited. 158 C. 16; Id., 291; 162 C. 79; 163 C. 15; Id., 259; 164 C. 360; 172 C. 341; Id., 362; 173 C. 161; 182 C. 193; 203 C. 364; 221 C. 736. Procedural provisions of statutes that are inconsistent with this section are superseded by it insofar as such statutes limit authority of judge trial referee to render judgment on his or her own findings. 263 C. 155. Cited. 7 CA 136; 20 CA 148; 21 CA 359; 31 CA 723; 35 CA 9; 43 CA 397. 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. Cited. 30 CS 354. Subsec. (a): Judge trial referees have same powers and jurisdiction as judges of the court from which proceedings have been referred to them, and thus may preside over motions for contempt. 140 CA 64. Subsec. (b): Cited. 172 C. 234. Judgment of a majority of a committee composed of three state referees is not invalid for lack of unanimity. 176 C. 391. Cited. 181 C. 217; 192 C. 377. Subsec. (c): In enacting Subsec., legislature made clear its intention to vest judge trial referees with all powers of Superior Court judges in civil matters referred to them. 263 C. 155.