You asked for the number of prosecutors broken down by race, sex, and ancestry. You also asked how prosecutors are selected.

SUMMARY

According to information provided by Sue Claus of the Office of the Chief State’s Attorney, 265 prosecutors are currently employed. Of these, 249 are white, 6 are black, 7 are Hispanic, and 3 are listed as other; 167 are male and 98 are female.

The Criminal Justice Commission, a constitutionally established entity, appoints all prosecutors. The constitution requires the commission to appoint a state’s attorney for each judicial district and whatever other attorneys the law requires. It mandates that the commission be composed of the chief state's attorney and six members appointed by the governor and confirmed by the general assembly. Two members must be superior court judges.

Following, in Table 1, is a breakdown of prosecutors by job classification.

According to Claus:

1. the executive assistant state’s attorneys assist the chief state’s attorney in various areas such as training;

2. supervisory assistant state’s attorneys act as supervisors in the Geographical Area (GA) courthouses and in some of the larger Judicial District (JD) court houses;

3. senior assistant state’s attorneys are assistant state’s attorneys with at least eight years experience; and

4. deputy assistant state’s attorneys are the entry level position, and assistant state’s attorneys hold the next high position.

We have included a workforce analysis sheet that shows a breakdown of positions other than prosecutor in the Division of Criminal Justice (Attachment 1).

Table 1: Division of Criminal Justice — Prosecutors Employed as of March 4, 2005

SYSTEM FOR SELECTING PROSECUTORS

The current system for selecting prosecutors originated with a constitutional amendment adopted in 1984, and implementing legislation that was enacted that year and in 1985 (HJR 35; PA 84-406; PA 85-440).

The amendment established a Division of Criminal Justice within the executive department and authorized it to be in charge of the investigation and prosecution of all criminal matters. The division includes the chief state's attorney as its administrative head and the state's attorneys for each judicial district. The amendment vests the prosecutorial power of the state in a chief state's attorney and the state's attorney for each judicial district. The amendment requires that the chief state's attorney be appointed as prescribed by law.

The amendment also established a a commission composed of the chief state's attorney and six members appointed by the governor and confirmed by the general assembly, two of whom must be superior court judges. It authorizes the commission to appoint a state's attorney for each judicial district and any other attorneys the law requires(Conn. Cost. Art. IV,§ 27).

Implementing Statutes (CGS §§ 51-278 – 51-288)

The law requires the Criminal Justice Commission to appoint two deputy chief state's attorneys as assistant administrative heads of the Division of Criminal Justice to assist the chief state's attorney in his duties. One deputy chief state's attorney is in charge of operations and the other is in charge of personnel, finance, and administration. The deputy chief state's attorney’s term is four years from July first in the year of appointment and until the appointment and qualification of a successor, unless he is removed by the Criminal Justice Commission.

The law requires the commission to appoint a state's attorney for each judicial district to act as attorney on behalf of the state. It also requires the commission to appoint, from candidates recommended by the appropriate state's attorney and deemed qualified by the commission, as many assistant and deputy assistant state's attorneys on a full or part-time basis for each judicial district as the criminal business of the court, in the opinion of the chief state's attorney, may require.

It also requires the commission to appoint, from candidates recommended by the chief state's attorney and deemed qualified by the commission, as many assistant and deputy assistant state's attorneys as are necessary, in the opinion of the chief state's attorney, to assist him.

By law, the chief state's attorney must designate at least three assistant state's attorneys or deputy assistant state's attorneys to handle all criminal prosecutions of housing matters. He must designate at least one assistant state's attorney to handle all criminal prosecutions of environmental matters.

The law empowers the chief state's attorney to promote any assistant state's attorney or deputy assistant state's attorney who assists him, and the appropriate state's attorney may promote any assistant state's attorney or deputy assistant state's attorney who assists him.

State's attorneys hold office for eight years from July first and until the appointment and qualification of a successor, unless removed for just cause by the Criminal Justice Commission.

When any vacancy in the office of the chief state's attorney or a state's attorney is to be filled, the commission must make its appointment from the various recommendations of the chief state's attorney or the appropriate state's attorney.

The chief state's attorney and each deputy chief state's attorney, state's attorney, assistant state's attorney, and deputy assistant state's attorney are qualified to act in any judicial district in the state and in connection with any matter regardless of the judicial district where the offense took place. They may be assigned to act in any judicial district at any time on designation by the chief state's attorney (CGS § 51-281).

Removal of Prosecutorial Officials (CGS § 51-278b)

Whenever the Criminal Justice Commission has reason to believe that the chief state's attorney is guilty of misconduct, material neglect of duty, or incompetence in the conduct of his office, it must investigate and prepare a statement in writing of the charges. The chief state’s attorney has the right to appear with counsel and witnesses and be fully heard. If after a full hearing of all evidence the commission finds that the evidence warrants his removal, it must make a written order to that effect, give him a copy, and file a copy with the secretary of the state. Upon the filing with the secretary of the state, the office becomes vacant, and the commission may fill the vacancy in the manner provided by law.

No deputy chief state's attorney, state's attorney, assistant state's attorney, or deputy assistant state's attorney may be removed from office except by order of the commission after due notice and hearing.

The commission may discipline for just cause a deputy chief state's attorney or state's attorney after due notice and hearing by reprimand, demotion, or suspension with or without pay from his office for up to 15 days. The chief state's attorney may discipline any assistant state's attorney or deputy assistant state's attorney who assists him, or the appropriate state's attorney may discipline any assistant state's attorney or deputy assistant state's attorney who assists him, for just cause after due notice and hearing by reprimand, demotion, or suspension with or without pay from his office for up to 15 days.

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