Sec. 51-10c. Commission on Racial and Ethnic Disparity in the Criminal Justice System. Duties. (a) There is established a Commission on Racial and Ethnic Disparity in the Criminal Justice System. The commission shall consist of the Chief Court
Administrator, the Chief State's Attorney, the Chief Public Defender, the Commissioner
of Public Safety, the Commissioner of Correction, the Commissioner of Children and
Families, the Child Advocate, the Victim Advocate, the chairperson of the Board of
Pardons and Paroles, the chairperson of the African-American Affairs Commission, the
chairperson of the Latino and Puerto Rican Affairs Commission, or their designees, a
representative of municipal police chiefs, a representative of a coalition representing
police and correctional officers, six members appointed one each by the president pro
tempore of the Senate, the speaker of the House of Representatives, the majority leader
of the Senate, the majority leader of the House of Representatives, the minority leader
of the Senate and the minority leader of the House of Representatives, and two members
appointed by the Governor. The Chief Court Administrator or said administrator's designee shall serve as chairperson of the commission. The commission shall meet at such
times as it deems necessary.
(b) The commission shall:
(1) Develop and recommend policies for reducing the number of African-Americans and Latinos comprising the pretrial and sentenced population of correctional facilities and reducing the number of African-Americans and Latinos who are victimized by
crime;
(2) Examine the impact of statutory provisions and current administrative policies
on racial and ethnic disparity in the criminal justice system and recommend legislation
to the Governor and the General Assembly to reduce such disparity;
(3) Research and gather relevant statistical data and other information concerning
the impact of disparate treatment of African-Americans and Latinos in the criminal
justice system;
(4) Develop and recommend a training program for personnel in agencies involved
in the criminal justice system concerning the impact of disparate treatment of African-Americans and Latinos;
(5) Research and examine the issue of the use of guidelines by courts when sentencing criminal defendants and recommend whether the General Assembly should create
a sentencing guidelines commission to establish sentencing guidelines for state courts;
(6) Examine the implementation of policies and procedures that are consistent with
policies of the American Bar Association intended to ensure that death penalty cases
are administered fairly and impartially in accordance with due process, to minimize the
risk that innocent persons may be executed and to eliminate discrimination in capital
sentencing on the basis of the race of either the victim or the defendant;
(7) Annually prepare and distribute a comprehensive plan to reduce racial and ethnic
disparity in the criminal justice system without affecting public safety;
(8) Develop and recommend policies and interventions to reduce the number of
African-Americans and Latinos in the juvenile justice system;
(9) Analyze the key stages in the juvenile justice system to determine if any stage
disproportionately affects racial or ethnic minorities including the decision to arrest
a juvenile, the decision to turn a juvenile over to a detention center, the decision to
nonjudicially dispose of the case or to file a petition of delinquency, and the decision
to resolve the case by placement on probation, placement in a residential facility or
placement at Long Lane School or the Connecticut Juvenile Training School;
(10) Annually prepare and distribute a juvenile justice plan having as its goal the
reduction of the number of African-Americans and Latinos in the juvenile justice system,
which plan shall include the development of standard risk assessment policies and a
system of impartial review, culturally appropriate diversion programs for minority juveniles accused of nonviolent felonies, intensive in-home services to families of pretrial
delinquents and youth on probation, school programs for juveniles being transferred
from detention centers, Long Lane School or the Connecticut Juvenile Training School,
the recruitment of minority employees to serve at all levels of the juvenile justice system,
the utilization of minority juvenile specialists to guide minority juvenile offenders and
their families through the juvenile justice system, and community service options in
lieu of detention for juveniles arrested for nonserious offenses;
(11) Develop a curriculum for training of all employees at all levels of the juvenile
justice system on issues of cultural competency and strategies to address disproportionate minority confinement;
(12) Submit an annual report to the Governor and the General Assembly concerning:
(A) The number of African-Americans and Latinos comprising the pretrial and sentenced population of correctional facilities;
(B) The progress being made toward reducing the number of African-Americans
and Latinos comprising the pretrial and sentenced population of correctional facilities;
(C) The adequacy of legal representation for indigent defendants;
(D) The adequacy of the number of residential and nonresidential treatment slots
available for African-Americans and Latinos;
(E) The adequacy of the number of court interpreters; and
(F) Such other information as the commission deems appropriate.
(c) The commission shall report to the General Assembly, not later than January
first of each year, concerning additional resources that should be made available to
reduce racial and ethnic disparity in the criminal justice system without affecting public
safety.
(P.A. 00-154; P.A. 04-234, S. 2.)
History: P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.
Sec. 51-11. Judges and clerks to furnish information to Chief Court Administrator. The judges, clerks and all other officers and employees of the Judicial Department shall comply with all requests of the Chief Court Administrator or his assistants
for information and statistical data bearing on the business of the courts.
(1957, P.A. 651, S. 11; P.A. 78-280, S. 125, 127.)
History: P.A. 78-280 replaced executive secretary with chief court administrator.
Secs. 51-11a and 51-11b. Registrar of wills. Disposition of wills in possession
of registrar. Sections 51-11a and 51-11b are repealed.
(1967, P.A. 680, S. 1-4; P.A. 73-66, S. 1, 2; P.A. 76-436, S. 46, 681.)
Sec. 51-12. Compensation plan; employment regulations; sick leave. (a) With
the exception of those employees whose compensation is fixed by statute, the judges
of the Supreme Court shall, from time to time, prescribe the compensation plan for all
employees of the Supreme Court and the Superior Court and other employees of the
Judicial Department.
(b) The compensation plan may include regulations concerning employee hiring
and separation practices, sick leave, vacation leave, absences with and without pay,
longevity payments, increments and all other matters regarding personnel policies and
procedures. The judges of the Supreme Court shall establish such job classifications as
they deem necessary as part of the plan.
(c) Notwithstanding the provisions of this section, subsection (c) of section 5-247
and subsection (d) of section 5-250, sick leave accruals earned by employees of the
Judicial Department prior to June 30, 1967, may be credited for payment on retirement
under regulations promulgated by the judges of the Supreme Court pursuant to the
provisions of this section.
(1957, P.A. 651, S. 12; February, 1965, P.A. 331, S. 10; P.A. 73-122, S. 20, 27; P.A. 74-183, S. 14, 291; 74-217, S. 3,
4; P.A. 82-248, S. 8; P.A. 84-406, S. 10, 13.)
History: 1965 act added provision clarifying applicability of section with regard to salaries; P.A. 73-122 restated
provisions, specifically included judicial department employees other than those employed in courts and criminal justice
division employees, specified regulation subject matter included in plan, deleted requirement that chief justice approve
classification and salary of prospective appointee or employee before he is hired and specified appointing authority referred
to in provision added in 1965 as circuit court judges; P.A. 74-183 deleted provision added in 1965 act re inapplicability
of section where circuit court judges empowered to set salaries; P.A. 74-217 added provision re payment for accrued sick
leave upon retirement; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs.,
but made no substantive change; P.A. 84-406 amended Subsec. (a) by deleting reference to employees in division of
criminal justice, effective November 28, 1984, upon certification by secretary of state of vote on constitutional amendment
re state's attorneys.
Cited. 28 CS 368.
Sec. 51-12a. Transferred to Chapter 873, Sec. 51-51w.
Sec. 51-13. Variance of sessions of Superior Court. Section 51-13 is repealed.
(1957, P.A. 651, S. 13; February, 1965, P.A. 331, S. 11; P.A. 76-436, S. 10a, 47, 681; P.A. 78-331, S. 54, 58.)
Sec. 51-14. Rules of court. Disapproval of by General Assembly. Hearings. (a)
The judges of the Supreme Court, the judges of the Appellate Court, and the judges of
the Superior Court shall adopt and promulgate and may from time to time modify or
repeal rules and forms regulating pleading, practice and procedure in judicial proceedings in courts in which they have the constitutional authority to make rules, for the
purpose of simplifying proceedings in the courts and of promoting the speedy and efficient determination of litigation upon its merits. The rules of the Appellate Court shall
be as consistent as feasible with the rules of the Supreme Court to promote uniformity
in the procedure for the taking of appeals and may dispense, so far as justice to the
parties will permit while affording a fair review, with the necessity of printing of records
and briefs. Such rules shall not abridge, enlarge or modify any substantive right nor the
jurisdiction of any of the courts. Subject to the provisions of subsection (b), such rules
shall become effective on such date as the judges specify but not in any event until sixty
days after such promulgation.
(b) All statutes relating to pleading, practice and procedure in existence on July 1,
1957, shall be deemed to be rules of court and shall remain in effect as such only until
modified, superseded or suspended by rules adopted and promulgated by the judges of
the Supreme Court or the Superior Court pursuant to the provisions of this section.
The Chief Justice shall report any such rules to the General Assembly for study at the
beginning of each regular session. Such rules shall be referred by the speaker of the
House or by the president of the Senate to the judiciary committee for its consideration
and such committee shall schedule hearings thereon. Any rule or any part thereof disapproved by the General Assembly by resolution shall be void and of no effect and a copy
of such resolution shall thereafter be published once in the Connecticut Law Journal.
(c) The judges or a committee of their number shall hold public hearings, of which
reasonable notice shall be given in the Connecticut Law Journal and otherwise as they
deem proper, upon any proposed new rule or any change in an existing rule that is to
come before said judges for action, and each such proposed new rule or change in an
existing rule shall be published in the Connecticut Law Journal as a part of such notice.
A public hearing shall be held at least once a year, of which reasonable notice shall
likewise be given, at which any member of the bar or layman may bring to the attention
of the judges any new rule or change in an existing rule that he deems desirable.
(d) Upon the taking effect of such rules adopted and promulgated by the judges of
the Supreme Court pursuant to the provisions of this section, all provisions of rules
theretofore promulgated by the judges of the Superior Court shall be deemed to be
repealed.
(1953, 1955, S. 3129d; 1955, S. 3130d; 1957, P.A. 651, S. 27; P.A. 76-436, S. 48, 681; June Sp. Sess. P.A. 83-29, S.
9, 82.)
History: P.A. 76-436 amended section to extend power to adopt and modify rules, etc. to superior court judges and
added Subsec. (e) re rules to effectuate transfer of jurisdiction, effective July 1, 1978; June Sp. Sess. P.A. 83-29 included
reference to judges of appellate court, added provision re rules of appellate court and deleted provisions of Subsec. (e) re
rules necessary for transfer of jurisdiction pursuant to Sec. 51-164s.
Rules made under former section have the force of statutes. 59 C. 45. Rules can only give effect to the real purpose of
the practice act. 73 C. 6. Cited. 115 C. 101; 140 C. 643; 145 C. 222; 157 C. 157. Cited re constitutional separation of
powers (Diss. Op.). 166 C. 501. Cited. 217 C. 532, 539, 541-544. Cited. 223 C. 411, 414. Cited. 226 C. 757, 761. Cited.
229 C. 178, 184.
Cited. 37 CA 252, 263; judgment reversed, see 236 C. 388 et seq. Cited. 42 CA 17.
Cited. 24 CS 25. Cited. 28 CS 34. Any change proposed in criminal court procedure should be brought before rules
committee of judges. 28 CS 366. Cited. 38 CS 389, 391. Cited. 43 CS 211, 217.
Cited. 3 Conn. Cir. Ct. 8 (Diss. Op.) id., 698, 700.
Subsec. (a):
Cited. 186 C. 153, 162. Cited. 187 C. 292, 297. Cited. 194 C. 312, 324. Cited. 217 C. 532, 543. Cited. 222 C. 299, 307.
Cited. 223 C. 411, 414. Cited. 224 C. 711, 721.
Cited. 17 CA 219, 222. Cited. 25 CA 262, 267. Cited. 32 CA 1, 5. Cited. 37 CA 801, 818. Cited. 39 CA 632, 635. Cited.
42 CA 768.
Cited. 40 CS 238, 242. Cited. 43 CS 211, 219.
Subsec. (b):
Cited. 38 CS 389, 392.
Subsec. (c):
Cited. 190 C. 657, 666.
Sec. 51-15. Rules of procedure in certain civil actions. Small claims. Expedited
process cases. (a) In accordance with the provisions of section 51-14, the judges of the
Superior Court shall make such orders and rules as they deem necessary or advisable
concerning the commencement of process and procedure in flowage petitions, paternity
proceedings, replevin, summary process, habeas corpus, mandamus, prohibition, ne
exeat, quo warranto, forcible entry and detainer, peaceable entry and forcible detainer,
for paying rewards, for cases filed on and after January 1, 1994, which are expedited
process cases pursuant to subdivision (2) of subsection (b) of section 52-195b, and for
the hearing and determination of small claims, including suitable forms of procedure
in such cases, exclusive of fees.
(b) The judges of the Superior Court shall adopt orders and rules for the hearing
and determination of small claims that shall include: (1) Provisions for the institution
of small claims actions by attorneys-at-law on suitable forms to be served by a proper
officer or indifferent person upon the defendant in the same manner as complaints are
served in civil actions; (2) notice by mail; (3) provisions for the early hearing of actions
and rules for hearings in accordance with sections 51-193t and 52-549a, and the elimination of any and all fees or costs, except a fee for small claims procedure as prescribed
in section 52-259; (4) modification of any or all existing rules of pleading, practice and
evidence; and (5) a stay of the entry of judgment or of the issuance of execution and an
alternative procedure according to the usual rules of practice. Such orders and rules
shall permit the institution of a small claims action against a nonresident defendant who
owns real or personal property in this state and against an out-of-state corporation.
(c) Upon the taking effect of such orders and rules, all provisions of statute, both
public and private, and the provisions of any orders or rules adopted by the judges of
the Superior Court prior to July 1, 1957, inconsistent with or superseded by them, shall
be deemed to be repealed, to the extent necessary to render the orders and rules effective.
(d) The procedure for the hearing and determination of small claims as the same
may be prescribed, from time to time, by the judges of the Superior Court shall be used
in all small claims sessions of the court. The small claims procedure shall be applicable
to all actions, except actions of libel and slander, claiming money damages not in excess
of three thousand five hundred dollars, and to no other actions. If an action is brought
in the small claims session by a tenant pursuant to subsection (g) of section 47a-21 to
reclaim any part of a security deposit which may be due, the judicial authority hearing
the action may award to the tenant the damages authorized by subsection (d) of said
section and, if authorized by the rental agreement or any provision of the general statutes,
costs, notwithstanding that the amount of such damages and costs, in the aggregate,
exceeds the jurisdictional monetary limit established by this subsection. If a motion is
filed to transfer a small claims matter to the regular docket in the court, the moving
party shall pay the fee prescribed by section 52-259. The Attorney General or an assistant
attorney general, or the head of any state agency or his or her authorized representative,
while acting in his or her official capacity shall not be required to pay any small claims
court fee. There shall be no charge for copies of service on defendants in small claims
matters.
(e) The orders and rules for the expedited hearing and determination of cases maintained pursuant to subdivision (2) of subsection (b) of section 52-195b shall include,
but shall not be limited to: The modification of any or all existing rules of pleading,
practice and evidence; the adoption of procedures for disclosure of material facts at the
time of filing of the matter in court; the waiver of the right to appeal a final judgment
entered; the transfer of cases under this subsection to the regular docket of the court; an
expedited pretrial conference; an expedited assignment for trial on the merits; and the
waiver of the right to a record of the trial proceedings. All expedited process cases shall
be heard by a judge of the Superior Court.
(1949 Rev., S. 7656; 1955, S. 3117d; 1957, P.A. 651, S. 33; 1959, P.A. 28, S. 74; 1963, P.A. 242; 1969, P.A. 777, S.
1; 1971, P.A. 870, S. 4; 1972, P.A. 281, S. 25; P.A. 74-183, S. 16, 291; P.A. 75-548; P.A. 76-298, S. 1, 6; 76-368, S. 7, 9;
76-436, S. 49, 681; P.A. 77-614, S. 133, 610; P.A. 81-129, S. 1; 81-472, S. 109, 159; P.A. 82-248, S. 9; 82-472, S. 133,
183; P.A. 83-295, S. 4; 83-577, S. 2; P.A. 85-256; 85-464, S. 5; P.A. 86-199; P.A. 89-53; May Sp. Sess. P.A. 92-6, S. 71,
117; P.A. 93-297, S. 4, 29; P.A. 95-36; P.A. 00-94; P.A. 01-195, S. 50, 181; P.A. 02-132, S. 73.)
History: 1959 act amended second sentence by deleting trial by jury provision and amended fourth sentence by substituting small claims sessions of circuit court for municipal courts and justice courts having small claims divisions; 1963 act
amended second sentence by requiring provisions authorizing institution of actions on forms served at least ten days prior
to session, return to be made at least six days prior to session; 1969 act imposed three-dollar fee for small claims procedure
and exempted attorney general or assistant attorneys general from paying fee when acting in his or their official capacity;
1971 act changed limit on money damage claims included in small claims procedure from two hundred fifty to seven
hundred fifty dollars, effective September 1, 1971; 1972 act raised fee for small claims procedure to five dollars and added
provisions re fee for transferring small claims matter to regular docket and re absence of charge for copies of service on
defendants in small claims matters, effective September 1, 1972; P.A. 74-183 replaced circuit court with court of common
pleas and specified that fee for small claims procedure may not be eliminated, effective December 31, 1974; P.A. 75-548
specified that director of central collections division of department of finance and control and his authorized representative
are exempt from payment of fee; P.A. 76-298 included rules for hearings in accordance with Sec. 52-549a; P.A. 76-368
raised fee for small claims procedure to six dollars; P.A. 76-436 transferred powers formerly held by supreme court to
superior court and jurisdiction of small claims matters from court of common pleas to superior court, effective July 1,
1978; P.A. 77-614 replaced director of central collections division of department of finance and control with commissioner
of administrative services in provision re exemptions from payment of small claims fee; P.A. 81-129 increased the fee for
small claims procedure from eight to ten dollars and increased the jurisdictional limit for small claims matters from seven
hundred fifty to one thousand dollars; P.A. 81-472 made the technical correction of increasing the fee for small claims
procedure from six to eight dollars to conform to the increase in such fee made in Sec. 52-259 by P.A. 80-387; P.A. 82-248 changed fee for small claims procedure from eight to ten dollars, and changed reference to "civil cause" to "civil
action"; P.A. 82-472 reiterated fee increase enacted by P.A. 82-248; P.A. 83-295 replaced the provision that the fee for
transferring a small claims matter to the regular docket is the "same fee as is paid for entering a civil action" with "the fee
prescribed by section 52-259"; P.A. 83-577 inserted Subsec. indicators, amended Subsec. (b) to replace the fee for small
claims procedure of "ten dollars" with the fee "as prescribed in section 52-259" and reiterated amendment to Subsec. (d)
made by P.A. 83-295; P.A. 85-256 amended Subsec. (b) to require the orders and rules to permit a small claims action
against a nonresident defendant who owns real or personal property in this state and against an out-of-state corporation
and amended Subsec. (d) to increase the jurisdictional limit for small claims matters from one thousand to one thousand
five hundred dollars; P.A. 85-464 amended Subsec. (b) by adding reference to hearings in accordance with Sec. 51-193t;
P.A. 86-199 amended Subsec. (d) by replacing the "commissioner of administrative services" with the "head of any state
agency" in provision re exemption from payment of court fee; P.A. 89-53 amended Subsec. (d) to increase the jurisdictional
limit for small claims matters from one thousand five hundred to two thousand dollars; May Sp. Sess. P.A. 92-6 amended
Subsec. (d) to require payment of the fee prescribed in Sec. 52-259 if a motion is filed, instead of granted, to transfer a
small claims matter to the regular docket; P.A. 93-297 amended Subsec. (a) to authorize the making of orders and rules
for cases filed on and after January 1, 1994, which are expedited process cases and added Subsec. (e) to specify mandatory
provisions of such orders and rules and require all expedited process cases to be heard by a judge of the superior court,
effective January 1, 1994; P.A. 95-36 amended Subsec. (d) to increase jurisdictional limit for small claims matters from
two thousand to two thousand five hundred dollars; P.A. 00-94 amended Subsec. (d) to increase jurisdictional monetary
limit for small claims matters from two thousand five hundred to three thousand five hundred dollars and to add exception
to such limit for action brought by tenant to reclaim any part of security deposit who may be awarded damages and costs
in excess of such limit; P.A. 01-195 made technical changes in Subsec. (d) for purposes of gender neutrality, effective July
11, 2001; P.A. 02-132 amended Subsec. (b) by deleting provisions re time periods for service and return, commencement
of actions without writ or pleading and commencement of actions without payment of fees with respect to small claims
actions and by making technical changes.
See chapter 922a (Sec. 52-549a et seq.) re hearing of small claims matters.
See Sec. 52-259 re court fees for entry and transfer of small claims cases.
Cited. 115 C. 101. Cited. 194 C. 43, 49, 50.
Cited. 37 CA 85, 95, 96.
Proper pleading by which to test the legal sufficiency of the allegations in an alternative writ of mandamus is by motion
to quash and not by demurrer. 15 CS 209. Cited. 38 CS 389, 391. Cited. 40 CS 361, 363. Cited. 43 CS 211, 217.
History of small claims procedures discussed. 3 Conn. Cir. Ct. 5, 6. Cited. Id., 698, 700.
Sec. 51-15a. Consultation between judiciary committee and rules committee
of Superior Court. The Senate and House chairmen of the joint standing committee
on judiciary shall appoint six persons from among the members of the committee who,
with the chairmen, shall meet, on the call of the Chief Justice, but not less frequently
than annually, with the rules committee of the Superior Court to confer and consult with
respect to the rules of practice, pleadings, forms and procedure for all courts of record
of this state and with respect to legislation affecting the courts pending before or to be
introduced in the General Assembly.
(1971, P.A. 602, S. 1; P.A. 82-248, S. 10.)
History: P.A. 82-248 substituted "the" for "said" where appearing.
Cited. 43 CS 211, 217.
Sec. 51-16. Transferred to Chapter 883b, Sec. 51-216a.
Sec. 51-17. Transferred to Chapter 883b, Sec. 51-216c.
Sec. 51-18. Transferred to Chapter 883b, Sec. 51-216b.
Sec. 51-19. Law reports. Practice Book. Section 51-19 is repealed.
(1949 Rev., S. 169, 7689, 7690; 1949, 1951, 1953, S. 3125d; 1949, 1953, S. 3122d, 3123d; 1957, P.A. 176, S. 9; P.A.
73-541, S. 2, 8; P.A. 82-248, S. 163.)
See Sec. 51-211 re notice of decisions.
See Sec. 51-216a re official legal publications.
Sec. 51-20. Transferred to Chapter 883a, Sec. 51-215b.
Sec. 51-21. Transferred to Chapter 883a, Sec. 51-215a.
Secs. 51-21a to 51-26. Connecticut Circuit Court Reports. Publication of state
agency regulations and court rules. Publication of rules of the courts: Other documents. Unused volumes of reports. Unclaimed money in possession of officer or
employee of Judicial Department; application for payment; escheat. Judicial
Council. Reports of prosecuting officers to Judicial Council. Sections 51-21a to 51-26, inclusive, are repealed.
(1949 Rev., S. 1644, 7659, 7660, 7722; March, 1950, S. 1011d; 1951, 1953, S. 3127d; 1957, P.A. 176, S. 12; 651, S.
28; September, 1957, P.A. 11, S. 13; 1959, P.A. 28, S. 76, 77, 79; 1961, P.A. 540, S. 31; 1963, P.A. 288, S. 2; 642, S. 42;
1967, P.A. 558, S. 4; 1971, P.A. 854, S. 20; 1972, P.A. 165, S. 12; June, 1972, P.A. 1, S. 20; P.A. 73-541, S. 5, 7, 8; P.A.
73-620, S. 6, 19; P.A. 74-183, S. 18, 19, 291; P.A. 75-479, S. 24, 25; 75-567, S. 29, 76, 80; P.A. 76-436, S. 51, 681; P.A.
77-13; P.A. 78-280, S. 69, 127; P.A. 82-248, S. 163.)
See Sec. 3-62a re presumption of abandonment of property held by a public body or officer.
See Secs. 51-216a, 51-216b re official legal publications.