Topic:
APPOINTMENT TO OFFICE; CRIMINAL JUSTICE SYSTEM (GENERAL); EXECUTIVE AND LEGISLATIVE NOMS. COMMITTEE; LEGISLATION; STATE BOARDS AND COMMISSIONS; STATE OFFICERS AND EMPLOYEES;
Location:
EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE;

OLR Research Report


February 20, 2007

 

2007-R-0221

CRIMINAL JUSTICE COMMISSION CHAIRMAN NOMINEE

By: Christopher Reinhart, Senior Attorney

You asked for questions for the nominee for Criminal Justice Commission chairman.

BACKGROUND

Every five years, the Criminal Justice Commission appoints the chief state's attorney (CGS § 51-278) and two deputy chief state's attorneys. One assistant is the deputy chief state's attorney for operations and one is the deputy chief state's attorney for personnel, finance, and administration.

The Criminal Justice Commission designates one deputy chief state's attorney who, in the absence or disqualification of the chief state's attorney, exercises the powers and duties of the chief state's attorney until such chief state's attorney resumes his duties.

The Criminal Justice Commission appoints a state's attorney for each judicial district. It also appoints, from candidates recommended by the appropriate state's attorney, as many assistant state's attorneys and deputy assistant state's attorneys on a full-time or part-time basis for each judicial district as the criminal business of the court, requires.

The commission is authorized to remove the chief state's attorney from office for misconduct, material neglect of duty, or incompetence. It may reprimand, demote, suspend, or remove from office state's attorneys, assistant state's attorneys, and deputy assistant state's attorneys for just cause (CGS § 51-278b).

GENERAL QUESTIONS FOR CHAIRMAN

1. What role do you think the chairman should play on the commission? What special responsibilities do you think the chairman has?

2. As chairman, what do you think the commission should focus on? What should its policy concerns be?

3. What do you think is the most pressing criminal issue in Connecticut today? How is the Division of Criminal Justice dealing with it? What else needs to be done? What special role can you as the chairman play?

RACIAL DISPARITY ISSUES

1. PA 00-154 created the Commission on Racial and Ethics Disparity in the Criminal Justice system. It produced a report in September of 2004. Among other things, the commission reported that:

• Connecticut ranks the highest in the country in its level of disparity in the rates of incarceration of whites, blacks, and Hispanics;

• In 2000, the incarceration rate for African American men was 18 times higher than the rate for non-Hispanic white men; and

• One in eleven African American men in Connecticut between the ages of 18 and 64 was in prisoner in jail in 2000.

a. Have you read the report?

b. Do you think a disproportionate number of minorities are prosecuted for crimes? Are sentences for minorities comparable to sentences for non-minorities? Is this a concern? What can be done?

c. As chairman, what steps are you prepared to take to focus the commission on these issues? What steps should you and the commission take to make sure that neither racial nor ethnic discrimination occurs in connection with prosecuting criminal defendants?

2. There appears to be a low number of minority candidates who interview with the commission for positions as prosecutors and few minority candidates are hired. Why do you think this is? What do you think the commission could do to change this? Does the chairman have a special responsibility concerning this issue?

HIRING AND DISCIPLINING PROSECUTORS

1. Do you believe the chairman has any special responsibilities concerning the hiring and disciplining of prosecutors?

2. The chief state's attorney and deputy chief state's attorneys must be attorneys who have been admitted to practice for at least three years. What other qualifications would you look for in a chief state's attorney and deputy chief states attorney?

3. When hiring a person to become a prosecutor, what attributes would you look for, and what evidence would you need to demonstrate to you that a candidate has those attributes?

4. When deciding whether to reappoint a prosecutor, what factors would you look at and what kind of proof or evidence would you need to assure you that the candidate should be reappointed?

5. How should the commission judge the chief state's attorney's performance?

6. The criminal justice commission is authorized to remove prosecutors from office. Under what circumstances should a prosecutor be removed? When should the commission take other disciplinary actions?

7. How would you handle a complaint alleging that a prosecutor had a substance abuse problem?

OTHER CRIMINAL JUSTICE ISSUES

1. Many crimes stem from drug or alcohol dependency. When is rehabilitation, rather than incarceration, appropriate? Do you have any proposals for alternatives to prison that focus on rehabilitation? Have past alternative programs been successful?

2. In recent years legislation has been introduced to require the video or audio taping of custodial interrogations that take place at a police station of people suspected of committing a class A or B felony. Do you think this is a good idea?

3. With the rise of DNA-testing, there have been some well-publicized accounts of people being wrongfully incarcerated. Should Connecticut implement any additional safeguards against this possibility? What could be done?

4. Should prosecutors have complete discretion with respect to plea bargains or should there be guidelines?

5. Who does a prosecutor represent when he prosecutes a case?

6. Should a prosecutor reveal to the court and jury that a key state witness has a history of racism if racial bias has been raised by the defense as an issue?

7. Should a prosecutor's private non-criminal conduct or lifestyle ever be the basis for removal from office?

8. Crimes such as identity theft and child pornography are now committed using the Internet. Are there adequate resources and training to prosecute these crimes? What could be done to improve prosecution of Internet-related crimes?

CR: ts