§ 6-38b — State Marshal Commission. Members. Regulations, policies and procedure. Duties. Appointment of state marshal commission to fill vacancy. Rules.

Connecticut § 6-38b

• Jurisdiction: Connecticut
• Title 6: Counties and County Officers. Judicial and State Marshals
• Ch. 78: Judicial and State Marshals

Text

(a) There is established a State Marshal Commission which shall consist of eight members appointed as follows: (1) The Chief Justice shall appoint one member who shall be a judge of the Superior Court; (2) the speaker of the House of Representatives, the president pro tempore of the Senate, the majority and minority leaders of the House of Representatives and the majority and minority leaders of the Senate shall each appoint one member; and (3) the Governor shall appoint one member who shall serve as chairperson. Of the seven members appointed pursuant to subdivisions (2) and (3) of this subsection, no more than four of such members may be members of any state bar. No member of the commission shall be a state marshal, except that two state marshals appointed by the State Marshals Advisory Board in accordance with section 6-38c shall serve as ex-officio, nonvoting members of the commission. (b) The chairperson shall serve for a three-year term and all appointments of members to replace those whose terms expire shall be for terms of three years. (c) If any vacancy occurs on the commission, the appointing authority having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with the provisions of this section. (d) Members shall serve without compensation but shall be reimbursed for actual expenses incurred while engaged in the duties of the commission. (e) The commission, in consultation with the State Marshals Advisory Board, shall (1) adopt regulations in accordance with the provisions of chapter 54 to establish professional standards, including training requirements and minimum fees for execution and service of process, and (2) implement policies and procedures to increase state marshal participation in the serving of capias mittimus orders. Such policies and procedures may require that at all times a certain minimum percentage of the overall number of state marshals be actively engaged in the service of capias mittimus orders. (f) The commission shall be responsible for the equitable assignment of service of restraining orders to the state marshals in each county and ensure that such restraining orders are served expeditiously. Failure of any state marshal to accept for service any restraining order assigned by the commission or to serve such restraining order expeditiously without good cause shall be sufficient for the convening of a hearing for removal under subsection (i) of this section. (g) Any vacancy in the position of state marshal in any county as provided in section 6-38 shall be filled by the commission with an applicant who shall be an elector in the county where such vacancy occurs. Any applicant for such vacancy shall be subject to the application and investigation requirements of the commission. (h) Except as provided in section 6-38f , no person may be a state marshal and a state employee at the same time. This subsection does not apply to any person who was both a state employee and a deputy sheriff or special deputy sheriff on April 27, 2000. (i) No state marshal may be removed except by order of the commission for cause after due notice and hearing. (j) The commission, in consultation with the Judicial Department, shall adopt rules as it deems necessary for conduct of its internal affairs, including, but not limited to, rules that provide for: (1) The provision of timely, consistent and reliable access to a state marshal for persons applying for a restraining order under section 46b-15 ; (2) the provision of services to persons with limited English proficiency; (3) the provision of services to persons who are deaf or hard of hearing; and (4) service of process that is a photographic copy, micrographic copy or other electronic image of an original document that clearly and accurately copies such original document. The commission shall adopt regulations, in accordance with the provisions of chapter 54, for the application and investigation requirements for filling vacancies in the position of state marshal. (k) The commission shall be within the Department of Administrative Services, provided the commission shall have independent decision-making authority.

Legislative History

(P.A. 00-99, S. 8, 154; June Sp. Sess. P.A. 01-9, S. 8, 131; P.A. 03-224, S. 3; Sept. Sp. Sess. P.A. 09-7, S. 31; P.A. 14-207, S. 2; P.A. 16-34, S. 2; P.A. 17-98, S. 1; 17-202, S. 4; 17-243, S. 1.) History: P.A. 00-99 effective April 27, 2000; June Sp. Sess. P.A. 01-9 made a technical change in Subsec. (c), amended Subsec. (f) to delete expired provision and require the State Marshal Commission to adopt regulations to establish professional standards, added new Subsec. (g) re service of restraining orders, redesignated former Subsecs. (g) to (k) as Subsecs. (h) to (l), revised Subsec. (k) to require the commission to adopt regulations re filling vacancies, and revised Subsec. (1) to place the commission within the Department of Administrative Services for administrative purposes rather than within the Judicial Department, effective July 1, 2001; P.A. 03-224 amended Subsec. (i) by adding exception for any person who was both a state employee and a deputy sheriff or special deputy sheriff on April 27, 2000, effective July 2, 2003; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (l) to delete provision re commission within department for administrative purposes only and add provision re commission's independent decision-making authority, effective October 5, 2009; P.A. 14-207 amended Subsec. (a) to provide that no more than 4 members appointed under Subdivs. (2) and (3) may be members of any state bar, deleted former Subsec. (c) re limit on number of members that could be from same political party, redesignated existing Subsecs. (d) to (l) as Subsecs. (c) to (k) and made a technical change in redesignated Subsec. (f); P.A. 16-34 amended Subsec. (j) by replacing “may” with “shall”, adding Subdivs. (1) to (4) re adoption of rules and making conforming changes; P.A. 17-98 amended Subsec. (e) to designate provision re adopting regulations as Subdiv. (1) and add Subdiv. (2) re implementation of policies and procedures to increase state marshal participation in serving of capias mittimus orders, effective June 30, 2017; P.A. 17-202 amended Subsec. (j)(3) by replacing “hearing impaired” with “hard of hearing”; P.A. 17-243 amended Subsec. (j) to add “, in consultation with the Judicial Department” re adoption of rules, effective July 1, 2017. Commission policy requiring marshals to be present at assigned courthouses at certain hours was not in excess of commission's statutory authority and did not deprive defendant of liberty or property interest. 108 CA 668.