Topic:
APPOINTMENT TO OFFICE; EXECUTIVE AND LEGISLATIVE NOMS. COMMITTEE; JUDGES; STATE BOARDS AND COMMISSIONS;
Location:
EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE;

OLR Research Report


March 28, 2005

 

2005-R-0316

QUESTIONS FOR JUDICIAL REVIEW COUNCIL NOMINEE

By: Sandra Norman-Eady, Chief Attorney

Judicial Review Council

• The 25-member council consists of three Superior Court judges, three attorneys, six members who are neither judges nor attorneys, and 13 alternates (two Superior Court judges, two attorneys, three who are neither judges nor attorneys, three worker’s compensation commissioners, and three family support magistrates).

• The governor appoints all members with legislative approval. The judges are appointed from a list provided by Superior Court judges.

• Members serve staggered four-year terms. Alternates serve three-year terms.

• Members serve one term. Attorneys from the same firm cannot serve consecutive terms.

• The council investigates complaints against judges, family support magistrates, and compensation commissioners and may initiate investigations. It can admonish, censure, or suspend, recommend that the Supreme Court suspend, or exonerate them.

• The council makes recommendations on nominations for appointment or reappointment as judges, family support magistrates, and compensation commissioners.

1. The Judicial Review Council must submit to the Judiciary Committee its recommendations for judges seeking reappointment, including reports of any complaints filed against them, the disposition of any such complaint, and any investigation the council conducted. What factors should a member consider before voting on a recommendation?

2. What are your views on whether the council, as a complaint investigator, should make recommendations on nominations?

3. The Council may refuse to recommend a judge for reappointment or appointment to a higher court if it has reason to believe the judge is guilty of judicial misconduct, material neglect of duty, or incompetence. What type of investigation do you think should take place before the council refuses to make a recommendation?

4. How could the process for reappointing and elevating judges be improved?

5. The council can discipline judges, commissioners, and magistrates for up to one year for, among other things, “temperament adverse to justice. ” What type of behavior constitutes temperament adverse to justice? Is a single incident enough to warrant discipline or would you need to see a pattern of behavior?

6. In addition to considering complaints from others, the council can initiate its own investigations against these officials. Under what circumstances should the council initiate investigations?

7. Do you believe that removal, suspension, censure, and private admonishment provide the council with an adequate array of sanctions?

8. Do you think ordinary citizens know enough about the council to be able to effectively bring complaints? If not, do you have suggestions?

9. How would you determine whether a judge legitimately used his contempt power to control the courtroom or unfairly used it to abuse a defendant or an attorney?

SN-E: ts