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OLR Research Report


May 14, 2009

 

2009-R-0204

TRANSFER OF CLASS A AND B FELONY CASES

FROM GA TO JD COURTS

By: Jillian L. Redding, Legislative Fellow

You asked how many class A and B felony cases were transferred from Geographical Area (GA) to Judicial District (JD) courts during the last year. This report updates OLR Report 2008-R-0267.

SUMMARY

During 2008, nearly 1,800 cases involving class A and B felony charges were transferred from GA to JD courts, according to Stephen Ment of the Judicial Department. The GA courts with the highest number of transfers were Hartford (237), New Haven (232), and Waterbury (216). The JD courts that received the most transfers were Hartford (323), New Haven (303), and Waterbury (216).

Table 1 shows the number of class A and B felony cases transferred from GA courts to JD courts during 2008.

Table 1: Transfer of A and B Felony Cases

to Judicial District Locations,

Calendar Year 2008

Originating GA Court

Total Number of Cases Transferred from Specific GA Court

Receiving JD Court

Total Cases Transferred to Receiving JD Court From All GA Courts

Bantam

107

Litchfield

107

Bridgeport

191

Fairfield

191

Bristol

New Britain

45

99

New Britain

144

Danbury

62

Danbury

62

Danielson

46

Windham

46

Derby

Milford

38

33

Ansonia-Milford

71

Enfield

Hartford

Manchester

31

237

55

Hartford

323

Meriden

New Haven

71

232

New Haven

303

Middletown

51

Middlesex

51

New London

Norwich

89

51

New London

Norwich

140

Norwalk

Stamford

46

67

Stamford

113

Rockville

26

Tolland

26

Waterbury

216

Waterbury

216

Total number of Cases

1,793

 

1,793

*Source: Judicial Department

CRIMINAL CASE TRANSFER POLICY FROM GA TO JD COURTS

Larry D'Orsi, deputy director of criminal matters for the Superior Court Operations Division of the Judicial Branch, provided us with the branch's policy concerning the transfer of cases from GA to JD courts. Under this policy, the presiding judges in the JD and associated GA court locations are responsible for the transfers.  They must do so in accordance with the following:

1. All cases involving charges to be heard by judges at the JD courthouse must be ordered transferred from the GA to the JD courthouse as soon as possible after arraignment.

2. All cases charging factually supported class A or B felonies are automatically ordered transferred to the JD court location. (Exceptions may be made by agreement of the presiding judges based upon local custom and criteria. )

3. All other cases charging any unclassified felony, class C felony, class D felony, misdemeanor, motor vehicle offense, or infraction must remain in the GA courthouse. (The presiding judges may consider exceptions based on such things as the severity and nature of the crime; the defendant's past record; and particular local considerations such as narcotics cases involving substantial quantities of narcotics, weapons, cash, or other aggravating factors. )

4. Cases involving defendants with simultaneous charges pending in both JD and GA court locations must be retained for final disposition in each respective courthouse unless the JD presiding judge agrees otherwise. (In the absence of the transfer of all files to the JD court location, the presiding judges must confer and coordinate any ultimate disposition, taking into consideration all pending charges. )

5. Any case not otherwise qualifying for transfer and for which prior approval of the presiding judges (JD and GA) has not been given must be returned to the forwarding GA.

6. Preliminary hearings to determine probable cause for crimes punishable by death or life imprisonment must be heard at JD court locations.

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