CHAPTER 872*
JUDGES

      *Cited. 213 C. 54.

Table of Contents

Sec. 51-39. Disqualification by relationship or interest. Judge or family support magistrate may act with consent of parties.
Sec. 51-39a. Use of judicial office for financial gain prohibited.
Sec. 51-40. Practice of law by judges restricted.
Sec. 51-41.
Sec. 51-41a.
Secs. 51-42 to 51-44.
Sec. 51-44a. Judicial Selection Commission. Members. Duties. Nomination of judges by Governor.
Sec. 51-45. Resignation of judges or family support magistrates.
Sec. 51-45a. Admonishment of judge or family support magistrate by Chief Court Administrator.
Sec. 51-45b. Medical examination of judge or family support magistrate ordered by Chief Court Administrator, when. Matter referred to Judicial Review Council, when.
Sec. 51-45c. Investigation by Judicial Review Council re mental infirmity or illness, drug dependency or alcohol addiction of judge or family support magistrate. Findings. Authority.
Sec. 51-46.
Sec. 51-46a. Statement of financial interests to be reported.
Sec. 51-47. Salaries of judges. Practice of law prohibited. Membership on board of directors of bank prohibited. Longevity payments.
Sec. 51-47a. Appropriations.
Sec. 51-47b. Compensation of senior judges and referees.
Sec. 51-48. Payment of expenses of judges.
Sec. 51-49. Disability retirement of judges, state's attorneys, public defenders, family support magistrates and compensation commissioners.
Sec. 51-49a. Vested and nonforfeitable right to retirement salary after ten years of service.
Sec. 51-49b. Cost of living allowance for retired judges, family support magistrates and compensation commissioners who commenced service on or after January 1, 1981.
Sec. 51-49c. Cost of living allowance for surviving spouses of judges, family support magistrates and compensation commissioners who commenced service on or after January 1, 1981.
Sec. 51-49d. Funding of retirement system for judges, family support magistrates and compensation commissioners on actuarial reserve basis. State contributions.
Sec. 51-49e. Judge's Retirement Fund.
Sec. 51-49f. Determination of retirement salary of judges and allowance to surviving spouses.
Sec. 51-49g. Determination of retirement salary of compensation commissioners and allowance to surviving spouses.
Sec. 51-49h. Credit for military service.
Sec. 51-50. Retirement at age seventy or for disability.
Sec. 51-50a. Retirement at sixty-five or after twenty years of service as a judge, family support magistrate or compensation commissioner or with thirty years of state service credit. Retirement of judge nominated but not reappointed.
Sec. 51-50b. Retirement contribution.
Sec. 51-50c. Assignment of senior judges to judicial duties. Participation in alternative dispute resolution program approved by STA-FED ADR, Inc.
Sec. 51-50d. Duties and powers of senior judges.
Sec. 51-50e. Senior judge may complete matters after expiration of his assignment.
Sec. 51-50f. Powers of certain state referees.
Sec. 51-50g. Chief Court Administrator may make new assignments.
Sec. 51-50h. Power of retired judges to decide small claims.
Sec. 51-50i. Senior judges, reappointment, successors.
Sec. 51-50j. Retired Supreme Court, Appellate Court and Superior Court judges eligible for certain duties.
Sec. 51-50k. Private practice of law prohibited.
Sec. 51-50l. Retired senior judges eligible for appointment as state referees.
Sec. 51-51. Pensions for surviving spouses and children of judges, family support magistrates and compensation commissioners.
Secs. 51-51a to 51-51f. Judicial Review Council.

      Sec. 51-39. Disqualification by relationship or interest. Judge or family support magistrate may act with consent of parties. (a) Except as provided in this section, a judge or family support magistrate is disqualified to act if a relationship between the judge or family support magistrate and a party in any proceeding in court before him is as near as the degree of kinship between father and son, brothers, or uncle and nephew, by nature or marriage, or as near as between landlord and tenant, or if any judge or family support magistrate may be liable to contribute to the damages, costs or expenses of any proceeding before him, or if he may receive a direct pecuniary benefit by the determination of any proceeding before him.

      (b) A judge or family support magistrate shall not be disqualified to act in any proceeding by reason of his being a member of any ecclesiastical corporation, unless it is a party to the action, nor in any proceeding in which any town, city or borough is interested or is a party, by reason of his being an inhabitant thereof or liable to taxation therein or by reason of his being related to any taxpayer or inhabitant thereof.

      (c) When any judge or family support magistrate is disqualified to act in any proceeding before him, he may act if the parties thereto consent in open court.

      (1949 Rev., S. 7692-7694; P.A. 82-248, S. 20; P.A. 89-360, S. 22, 45.)

      History: P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change; P.A. 89-360 applied provisions to family support magistrates.

      This section applies to commissioners on insolvent estates. 9 C. 502; 12 C. 139; 13 C. 221. And to appraisers of land set off on execution. 1 C. 300; 13 C. 47. Disqualification arising from relationship by marriage ceases upon the death of one of the married parties. 12 C. 88. Justice of the peace disqualified when he owns the debt in suit. Id., 384. Statute does not affect ministerial acts. Id., 467. Judge of probate, uncle to a devisee and heir-at-law, not disqualified. 17 C. 542. Whether relationship to petitioner disqualifies commissioners laying out highway; if so, objection may be waived by matter in pais. 22 C. 178. Shareholder in bank owning railroad stock is disqualified to act as committee in a cause to which the railroad company is a party. 23 C. 384. Judge of probate held incompetent by reason of pecuniary interest. 26 C. 15. Applies to a magistrate taking a deposition. 52 C. 165. The word "act" embraces every act or proceeding in a suit. 60 C. 428. An incidental interest not pecuniary does not disqualify. 64 C. 310. Attorney should not try case before court of which he is judge. 72 C. 435. Disqualification not waived by trial; judgment is erroneous. 75 C. 104. An attorney not a "party". 83 C. 182. Relationship to a disinterested witness does not disqualify judge. 124 C. 237. Legislative history indicates that waiver provision applies to section 51-41 also. 147 C. 296. Where defendant requested and received a change of election from jury to court before the same judge he claimed was disqualified to hear the case and failed to make the claim until after his conviction, his actions can only be construed as consent in open court. 152 C. 630. Where judge participated in pretrial conference and urged settlement on plaintiff, proper course was for judge to decline to hear case but, as plaintiff failed to raise question of disqualification before or during trial, claim was waived and not seasonably raised on appeal. 155 C. 609. Cited. 170 C. 520. Statute mandates disqualification because of relationship between judge and defendant. Disqualification because of membership in bar association discussed. 184 C. 21. Cited. 186 C. 725. Cited. 214 C. 14. Cited. 227 C. 784. Commissioner of Correction could not prevail on claim that petitioner's failure to raise issue of disqualification during habeas proceedings amounted to consent in open court under statute that permits judge to preside over matter with consent of parties; petitioner was unaware of habeas judge's involvement in habeas proceedings until after they had concluded completely and, thus, lacked knowledge to consent. 280 C. 514.

      Cited. 2 CA 551; Id., 650. Cited. 4 CA 504; Id., 669. Cited. 6 CA 576. Cited. 7 CA 435. Cited. 10 CA 422. Cited. 14 CA 645. Cited. 18 CA 207.

      Subsec. (c):

      Cited. 195 C. 202.

      Cited. 9 CA 299. Cited. 13 CA 651.

      No statutory or common law ground existed to disqualify judge who had, fifteen years previous, as parole board member ruled adversely on defendant's request for parole. 5 Conn. Cir. Ct. 669.


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      Sec. 51-39a. Use of judicial office for financial gain prohibited. No judge of the Supreme Court, Appellate Court or Superior Court or any family support magistrate shall use his judicial office or any confidential information received through his holding judicial office to obtain financial gain for himself, his spouse, child, child's spouse, parent, brother or sister or a business with which he is associated.

      (P.A. 84-435, S. 3, 6; P.A. 89-360, S. 23, 45.)

      History: P.A. 84-435 effective July 1, 1985; P.A. 89-360 applied provisions to family support magistrates.

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      Sec. 51-40. Practice of law by judges restricted. Section 51-40 is repealed.

      (1949 Rev., S. 7695; 1967, P.A. 656, S. 25.)

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      Sec. 51-41. Transferred to Chapter 882, Sec. 51-183c.

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      Sec. 51-41a. Transferred to Chapter 882, Sec. 51-183h.

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      Secs. 51-42 to 51-44. Transferred to Chapter 882, Secs. 51-183d to 51-183f, inclusive.

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      Sec. 51-44a. Judicial Selection Commission. Members. Duties. Nomination of judges by Governor. (a) There is established a Judicial Selection Commission comprised of twelve members. Six of the members shall be attorneys-at-law and six of the members shall not be attorneys-at-law. Not more than six of the members shall belong to the same political party. None of the members shall be an elected or appointed official of the state or hold state-wide office in a political party.

      (b) The members of the commission shall be appointed as follows: The Governor shall appoint six members, one from each congressional district and one at-large member, three of whom shall be attorneys-at-law and three of whom shall not be attorneys-at-law; the president pro tempore of the Senate shall appoint one member who shall be an attorney-at-law; the speaker of the House of Representatives shall appoint one member who shall not be an attorney-at-law; the majority leader of the Senate shall appoint one member who shall not be an attorney-at-law; the majority leader of the House of Representatives shall appoint one member who shall be an attorney-at-law; the minority leader of the Senate shall appoint one member who shall not be an attorney-at-law; and the minority leader of the House of Representatives shall appoint one member who shall be an attorney-at-law.

      (c) The members of the commission shall elect a chairperson from among the members appointed by the Governor.

      (d) (1) The members of the commission shall serve for terms of three years.

      (2) Members appointed on or after June 26, 2003, shall serve for terms of three years and, notwithstanding the provisions of section 4-1, until their successors are appointed and have qualified or ninety days after the completion of their terms, whichever is earlier.

      (3) Members serving on June 26, 2003, shall continue to serve as members until the end of their terms and, notwithstanding the provisions of section 4-1, until their successors are appointed and have qualified or ninety days after the completion of their terms, whichever is earlier, except that members serving on June 26, 2003, who have completed their terms and are serving until their successors are appointed and have qualified shall, notwithstanding the provisions of section 4-1, continue to serve until their successors are appointed and have qualified, but not later than January 1, 2004.

      (4) Any vacancy in the membership of the commission shall be filled for the unexpired portion of the term by the appointing authority. The members of the commission shall receive no compensation for their services but shall be reimbursed for any necessary expenses incurred in the performance of their duties.

      (5) No member of the commission may serve consecutive terms, except that if, on or after June 26, 2003, a person is appointed a member of the commission to fill a vacancy and complete an unexpired term, such person may serve an additional term. If a commission member is an attorney, no member of the commission member's firm may serve a term consecutive to such commission member.

      (e) The commission shall evaluate incumbent judges who seek reappointment to the same court and shall forward to the Governor for consideration the names of incumbent judges who are recommended for reappointment as provided in this subsection. The commission shall adopt regulations in accordance with the provisions of chapter 54 concerning criteria by which to evaluate incumbent judges who seek reappointment to the same court; provided pending adoption of such regulations, the commission shall use criteria established prior to June 22, 1989, for the evaluation of such judges. In evaluating the reappointment of an incumbent judge, the commission shall consider the legal ability, competence, integrity, character and temperament of such judge and any other relevant information concerning such judge. There shall be a presumption that each incumbent judge who seeks reappointment to the same court qualifies for retention in judicial office. The burden of rebutting such presumption shall be on the commission. The commission shall investigate and interview each incumbent judge who seeks reappointment and, prior to the expiration of a term of office of such judge, shall recommend such incumbent judge for nomination for reappointment by the Governor to the same court unless, as provided in this subsection, recommendation of such judge is denied. If a preliminary examination indicates further inquiry is necessary before a recommendation of reappointment may be made, the commission shall hold a hearing concerning the reappointment of such judge. The commission shall send notice to the judge by certified or registered mail, return receipt requested, not less than one hundred eighty days prior to the convening of such legislative session which is to consider the reappointment of the incumbent judge, (A) that a hearing by the commission on such reappointment shall be held and of the time, date and place of such hearing, which shall be not less than thirty days nor more than forty-five days after the date of such notice and (B) of specific claims made against the judge. The commission shall make a record of all hearings conducted pursuant to this subsection. The hearing may be open to the public at the request of the judge. For purposes of conducting a hearing under this subsection, not less than ten members of the commission shall be present and voting. A judge appearing before such a hearing shall be entitled to counsel, to present evidence and to cross-examine witnesses who appear voluntarily. No judge shall be required to sign or execute any release in order to proceed with the hearing. The commission shall not later than twenty days after the close of such hearing render its decision whether it shall recommend such incumbent judge for nomination for reappointment by the Governor. Any affirmative vote of a majority plus one of the members present and voting shall be required to deny recommendation to the Governor for nomination of an incumbent judge to the same court. A judge who has not received approval by the commission may within ten days after receipt of the notice of decision, which shall include a record of the numerical vote, request a rehearing on the grounds that the conclusions of the commission are contrary to the evidence presented at the hearing or the commission failed to comply with the procedural or substantive requirements of this section. The decision of the commission shall be final. There shall be no right of appeal by any judge appearing before the commission, at law or in equity, or any resort to any court following the decision of the commission.

      (f) Except as provided in subsection (e) of this section, the commission shall seek qualified candidates for consideration by the Governor for nomination as judges for the Superior Court, Appellate Court and Supreme Court. The commission shall adopt regulations, in accordance with the provisions of chapter 54, concerning criteria by which to evaluate the qualifications of candidates, including incumbent judges who seek appointment to a different court. The commission shall investigate and interview the candidates, including incumbent judges seeking appointment to a different court. A list of such qualified candidates shall be compiled by the commission.

      (g) In connection with any inquiry concerning the reappointment of an incumbent judge, the commission shall have the power to issue subpoenas requiring the attendance of witnesses and the production of any books or papers which in the judgment of the commission are relevant to the inquiry. The commission may, upon request of the judge whose reappointment is at issue, issue a subpoena on behalf of such judge. If any person disobeys such process or, having appeared in obedience thereto refuses to answer any pertinent question put to him by the commission, or to produce any books and papers pursuant thereto, the commission, on its own behalf or on behalf of the judge, may apply to the superior court for the judicial district of Hartford setting forth such disobedience to process or refusal to answer, and said court may cite such person to appear before said court to answer such question or to produce such books and papers and, upon his refusal so to do shall commit him to a community correctional center, there to remain until he so testifies.

      (h) (1) Judges of all courts, except those courts to which judges are elected, shall be nominated by the Governor exclusively from the list of candidates or incumbent judges submitted by the Judicial Selection Commission. Any candidate or incumbent judge who is nominated from such list by the Governor to be Chief Justice of the Supreme Court, and who is appointed Chief Justice by the General Assembly, shall serve a term of eight years from the date of appointment. The Governor shall nominate a candidate for a vacancy in a judicial position within forty-five days of the date the Governor receives the recommendations of the commission. When considering the nomination of an incumbent judge for reappointment to the same court, the Governor may nominate the incumbent judge if the commission did not deny recommendation for reappointment. Whenever an incumbent judge is denied recommendation for reappointment to the same court by the commission or is recommended by the commission but not nominated by the Governor for reappointment to the same court, or whenever a vacancy in a judicial position occurs or is anticipated, the Governor shall choose a nominee from the list of candidates compiled pursuant to subsection (f) of this section. (2) Notwithstanding the provisions of subdivision (1) of this subsection and subsection (f) of this section, the Governor may nominate an associate judge of the Supreme Court to be Chief Justice of the Supreme Court without such judge being investigated and interviewed by the commission and being on the list of qualified candidates compiled and submitted to the Governor by the commission. An associate judge of the Supreme Court who has been nominated by the Governor to be Chief Justice of the Supreme Court in accordance with this subdivision, and who is appointed Chief Justice by the General Assembly, shall serve an initial term as Chief Justice equal to the remainder of such judge's term as an associate judge of the Supreme Court.

      (i) A majority of the membership of the commission shall constitute a quorum. The affirmative vote of at least a majority of the members of the commission present and voting shall be required for any action by the commission except (1) an affirmative vote of at least a majority plus one of the members present and voting shall be required for a new nominee to be recommended to the Governor for nomination as a judge or for an incumbent judge to be recommended to the Governor for nomination as a judge to a different court and (2) an affirmative vote of a majority plus one of the members present and voting shall be required to deny recommendation to the Governor for nomination of an incumbent judge to the same court. No vote of the commission on a new nominee shall be by secret ballot. The vote of the commission on an incumbent judge may be by secret ballot.

      (j) Except as provided in subsections (e) and (m) of this section, the investigations, deliberations, files and records of the commission shall be confidential and not open to the public or subject to disclosure except that the criteria by which candidates or incumbent judges who seek reappointment to the same court or appointment to a different court are evaluated and the procedural rules adopted by the commission shall be public.

      (k) The commission may employ such staff as is necessary for the performance of its functions and duties.

      (l) No member of the commission who is an attorney-at-law shall be considered for recommendation to the Governor for nomination as a judge during his tenure on the commission or for a period of two years following the termination of his tenure on the commission.

      (m) On January 15, 2011, and annually thereafter, the chairperson of the commission shall report to the joint standing committee on judiciary the following information with respect to the prior calendar year: (1) The number of candidates interviewed for appointment as new nominees, the number of incumbent judges interviewed for reappointment to the same court and the number of incumbent judges interviewed for appointment to a different court, (2) the number of candidates who were recommended and denied recommendation to the Governor as new nominees, the number of incumbent judges recommended and denied recommendation for appointment to the same court and the number of incumbent judges recommended and denied recommendation for appointment to a different court, (3) the statistics regarding the race, gender, national origin, religion and years of experience as members of the bar of all such candidates and incumbent judges interviewed, recommended and denied recommendation under subdivisions (1) and (2) of this subsection, and (4) as of January first in the year of such report, the number of candidates on the list compiled by the commission pursuant to subsection (f) of this section and the statistics regarding the race, gender, national origin, religion, years of experience as members of the bar and calendar year of recommendation of all such candidates.

      (n) The commission shall have the power to enter into such contractual agreements as may be necessary for the discharge of its duties concerning the investigation of candidates seeking appointment to a judicial position and incumbent judges seeking reappointment to the same court or appointment to a different court, within the limits of appropriated funds and in accordance with established procedures.

      (P.A. 85-586, S. 1, 3; P.A. 88-230, S. 1, 12; P.A. 89-238, S. 1, 4; P.A. 90-98, S. 1, 2; May Sp. Sess. P.A. 92-11, S. 42, 70; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-267, S. 2, 3; P.A. 00-109; 00-191, S. 12, 16; P.A. 01-195, S. 52, 181; P.A. 03-170, S. 1; P.A. 05-288, S. 171; P.A. 10-179, S. 149.)

      History: P.A. 85-586 effective November 19, 1986, upon certification by the secretary of the state of the vote approving the constitutional amendment concerning the establishment of the commission. (See Volume 1, Article XXV of the Amendments to the Constitution of the State of Connecticut, for further information); P.A. 89-238 revised section re appointment and terms of members, evaluation, investigation and interview of incumbent judges who seek appointment to the same court, regulations re criteria by which to evaluate qualifications of judicial candidates, including incumbent judges, subpoena power of commission, nomination of incumbent judges, vote necessary for recommendation for nomination by commission or for denial of recommendation, and statistical report to judiciary committee re judicial candidates (Revisor's note: P.A. 88-230 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in the public and special acts of 1989, effective September 1, 1991); P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; May Sp. Sess. P.A. 92-11 made a technical change in Subsec. (g); P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-267 added Subsec. (h)(2) permitting the Governor to nominate an associate judge of the Supreme Court to be Chief Justice of the Supreme Court without investigation or interview of such judge by the commission or being on list of qualified candidates compiled by the commission and submitted to the Governor, effective July 8, 1999; P.A. 00-109 added Subsec. (n) to authorize the commission to enter into contractual agreements for the discharge of its duties concerning the investigation of judicial candidates; P.A. 00-191 amended Subsec. (h) by adding provisions that any candidate or incumbent judge who is nominated and appointed Chief Justice shall serve for a term of eight years from date of appointment and that an associate judge of the Supreme Court who is nominated and appointed Chief Justice shall serve an initial term as Chief Justice equal to the remainder of such judge's term as associate judge, effective May 26, 2000; P.A. 01-195 made a technical change in Subsec. (h) for purposes of gender neutrality, effective July 11, 2001; P.A. 03-170 amended Subsec. (a) by replacing provision re appointment of two persons from each congressional district, one of whom shall be an attorney-at-law and one of whom shall not be an attorney-at-law, with provision re six of the members shall be attorneys-at-law and six of the members shall not be attorneys-at-law, amended Subsec. (b) by replacing former provisions with new provisions re appointment of members, amended Subsec. (c) by making a technical change, and amended Subsec. (d) by replacing former Subdivs. (1) and (2) with new Subdivs. (1), (2) and (3) re terms of members, redesignating existing Subdiv. (3) as Subdivs. (4) and (5), replacing therein exception for provisions of Subdivs. (1) and (2) re serving consecutive terms with exception for person appointed to fill a vacancy and complete an unexpired term re serving an additional term, and making technical changes, effective June 26, 2003; P.A. 05-288 made technical changes in Subsec. (f), effective July 13, 2005; P.A. 10-179 amended Subsec. (m) by specifying date report is due annually and calendar year for which report is to provide required information, by requiring statistics provided under Subdiv. (3) to include incumbent judges interviewed, recommended and denied recommendation and by adding Subdiv. (4) re candidates on list compiled pursuant to Subsec. (f), effective May 7, 2010.

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      Sec. 51-45. Resignation of judges or family support magistrates. Any judge or family support magistrate may resign his office by leaving with the Governor a written communication signifying his intention to resign such office and stating a time when such resignation is to take effect.

      (1949 Rev., S. 7726; P.A. 89-360, S. 24, 45.)

      History: P.A. 89-360 applied provisions to family support magistrates.

      See Sec. 4-18 re resignations of state officers, generally.

      See Sec. 4-19 re appointments to fill vacancies.


      Power of governor to fill vacancy when legislature not in session. 87 C. 538.

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      Sec. 51-45a. Admonishment of judge or family support magistrate by Chief Court Administrator. Whenever the Chief Court Administrator has reason to believe that a judge or family support magistrate has acted in a manner which gives the appearance of impropriety or constitutes an unfavorable judicial or magisterial practice, the Chief Court Administrator may issue an admonishment to the judge or family support magistrate recommending a change in such conduct or practice. Such admonishment shall become a part of any performance evaluation record of such judge or family support magistrate.

      (P.A. 86-402, S. 11, 13; P.A. 89-360, S. 25, 45.)

      History: P.A. 89-360 applied provisions to family support magistrates.

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      Sec. 51-45b. Medical examination of judge or family support magistrate ordered by Chief Court Administrator, when. Matter referred to Judicial Review Council, when. Whenever the Chief Court Administrator has reason to believe that a judge or family support magistrate cannot fully perform his or her judicial or magisterial duties by reason of mental infirmity or illness or because of drug dependency or addiction to alcohol, the Chief Court Administrator shall direct such judge or family support magistrate to be examined by such qualified medical expert or experts as the Chief Court Administrator shall designate, at the expense of the Judicial Department. If the judge or family support magistrate fails to undergo any such examination or if, upon due consideration of the report of the expert or experts, the Chief Court Administrator is satisfied and concludes that the judge or family support magistrate cannot fully perform his or her judicial or magisterial duties, the Chief Court Administrator shall modify the assignment of the judge or family support magistrate, or shall remove said judge or family support magistrate from any assignment, and shall refer the matter together with the report, if any, of the expert or experts to the Judicial Review Council.

      (P.A. 86-402, S. 9, 13; P.A. 89-360, S. 26, 45.)

      History: P.A. 89-360 applied provisions to family support magistrates.

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      Sec. 51-45c. Investigation by Judicial Review Council re mental infirmity or illness, drug dependency or alcohol addiction of judge or family support magistrate. Findings. Authority. (a) The Judicial Review Council shall investigate every matter referred to it under section 51-45b. Not later than five days after receipt of such matter, the council, by registered or certified mail, shall notify the judge or family support magistrate under investigation of such referral. Any investigation and proceeding held to determine whether or not a judge or family support magistrate can fully perform his or her judicial or magisterial duties because of mental infirmity or illness or drug dependency or addiction to alcohol shall be confidential and any individual called by the council for the purpose of providing information shall not disclose his knowledge of such investigation and proceeding to a third party unless the judge or family support magistrate requests that such investigation and proceeding be open. The council may request the judge or family support magistrate to submit all medical and other records pertaining to said physical and mental condition of such judge or family support magistrate. If a judge or family support magistrate declines to submit such record or if further information is needed, the Judicial Review Council may request the judge or family support magistrate to submit to independent medical or other examinations at the expense of the Judicial Department. A copy of the results of any independent examination shall be provided to the judge or family support magistrate. If a judge or family support magistrate fails or refuses to submit to an independent examination requested by the council, unless such failure or refusal is due to circumstances beyond the judge's or family support magistrate's control the judge or family support magistrate shall be precluded from submitting reports of medical examinations done on the judge's or family support magistrate's behalf. The council may consider such judge's or family support magistrate's refusal or failure as evidence that the judge or family support magistrate has a mental infirmity or illness or drug dependency or addiction to alcohol. The judge or family support magistrate shall have the right to appear and be heard and to offer any information which may prove that he has no mental infirmity or illness or drug dependency or addiction to alcohol which prevents him from performing his or her judicial or magisterial duties. The judge or family support magistrate shall also have the right to be represented by legal counsel and examine and cross-examine witnesses.

      (b) The council shall not later than three business days after the termination of such proceeding notify the Chief Court Administrator and the judge or family support magistrate of the findings thereof.

      (c) (1) If the council finds that the judge or family support magistrate is not suffering from any mental infirmity or illness or drug dependency or addiction to alcohol and can fully perform his or her judicial or magisterial duties, the Chief Court Administrator shall reassign such judge or family support magistrate or modify such judge's or family support magistrate's assignment. (2) If the council finds that a judge or family support magistrate is suffering from a temporary mental infirmity, mental illness, drug dependency or addiction to alcohol which prevents the judge or family support magistrate from performing his or her judicial or magisterial duties, either on a full-time or part-time basis, the council shall request the judge or family support magistrate to seek appropriate treatment. A judge or family support magistrate who can perform his or her duties on a part-time basis while undergoing treatment shall be assigned by the Chief Court Administrator to duties as he deems fit. A judge or family support magistrate who cannot perform any duties while undergoing treatment shall seek a paid voluntary leave of absence. Upon completion of a treatment program as determined by the Judicial Review Council and a finding by the Judicial Review Council that said judge or family support magistrate can fully perform his judicial or magisterial duties, a judge or family support magistrate who was on leave of absence shall be reassigned by the Chief Court Administrator or a judge or family support magistrate who was performing judicial or magisterial duties on a part-time basis shall resume full-time duties. The Judicial Review Council shall monitor compliance by the judge or family support magistrate in the treatment program which has been established and shall periodically report to the Chief Court Administrator as to the status of such judge or family support magistrate. If the judge or family support magistrate refuses to seek treatment, or does not fully cooperate in the treatment program, the council may (A) publicly censor the judge or family support magistrate; (B) suspend the judge or family support magistrate for a definite term not to exceed one year; (C) refer the matter to the Supreme Court with a recommendation that the judge or family support magistrate be suspended for a period longer than one year; or (D) refer the matter to the Supreme Court with a recommendation that the judge or family support magistrate be removed from office. (3) If the Judicial Review Council finds that a judge is permanently incapable of adequately fulfilling his or her duties because of mental infirmity or illness or drug dependency or addiction to alcohol, the judge shall thereupon be retired with retirement pay to be determined as provided in section 51-50. (4) If the Judicial Review Council finds that a family support magistrate is permanently incapable of adequately fulfilling his or her duties because of mental infirmity or illness or drug dependency or addiction to alcohol, the family support magistrate shall be removed from office. Such removal shall not preclude the family support magistrate from applying for benefits, which may be available, pursuant to chapters 65 and 66.

      (P.A. 86-402, S. 10, 13; P.A. 89-360, S. 27, 45.)

      History: P.A. 89-360 added references to family support magistrates and added Subsec. (c)(4) re removal from office of family support magistrates for mental infirmity or illness or drug or alcohol addiction.

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      Sec. 51-46. Transferred to Chapter 882, Sec. 51-183g.

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      Sec. 51-46a. Statement of financial interests to be reported. (a) Each judge of the Superior Court, each judge of the Appellate Court, each judge of the Supreme Court and each family support magistrate shall file under penalty of false statement, a statement of financial interests for the preceding calendar year with the Office of the Chief Court Administrator on or before April fifteenth next for any year in which the judge or family support magistrate holds such position.

      (b) The statement, on a form provided by the Office of the Chief Court Administrator, shall include the following information for the preceding calendar year in regard to the judge or family support magistrate, his or her spouse and the dependent children living in his or her household: (1) With respect to the judge or family support magistrate, the statement shall include: (A) The date, place and nature of any activity for which the judge or family support magistrate received compensation other than judicial or magisterial compensation for services rendered and the name of the payor and the amount of the compensation received provided, if the compensation received was a fee for an appearance or the delivery of an address to any meeting of any organization, the report of the fee so received shall be filed within thirty days after receipt of the fee; (B) the name of each security in excess of five thousand dollars at fair market value owned by the judge or family support magistrate or held in the name of a corporation, partnership or trust for the benefit of the judge or family support magistrate, except in the case of a trust established by a judge or family support magistrate for the purpose of divesting himself or herself of all control and knowledge of his or her assets in order to avoid a conflict of interest during his or her term of office, only the existence of the trust and the name of the trustee shall be included, but the value need not be specified; (C) all real property and its location, whether owned by the judge or family support magistrate or held in the name of a corporation, partnership or trust for the benefit of the judge or family support magistrate; (2) with respect to his or her spouse and dependent children living in his or her household, the statement shall include: (A) The name of all businesses with which the spouse or child is associated; (B) the category or type of all sources of income of his or her spouse or each child in excess of one thousand dollars, but amounts of income need not be specified, and the names and addresses of specific clients and customers who provide more than five thousand dollars of income, and amounts of income need not be specified; (C) the name of each security in excess of five thousand dollars at fair market value owned by the spouse or each child or held in the name of a corporation, partnership or trust for the benefit of the spouse or child, except in the case of a trust established by the spouse or child for the purpose of divesting the spouse or child of all control and knowledge of his or her assets in order to avoid a conflict of interest during the judge's or family support magistrate's term of office, only the existence of the trust and the name of the trustee shall be included, but the value need not be specified; (D) all real property and its location, whether owned by the spouse or child or held in the name of a corporation, partnership or trust for the benefit of the spouse or child; (E) any fees or honorariums received for any appearance or the delivery of an address to any meeting of any organization by the spouse or child shall be disclosed within thirty days after receipt of the fee or honorarium.

      (c) The statement filed pursuant to this section shall be a matter of public information, except the list of names filed in accordance with subdivision (2) of subsection (b) of this section shall be sealed and confidential and for the use of the Judicial Review Council and the Supreme Court only if an investigation has been initiated under section 51-51j and the Judicial Review Council or the Supreme Court is of the opinion that disclosure of the list is germane to the investigation. The list may be subject to a subpoena in any criminal prosecution, impeachment proceedings or a hearing before the Supreme Court under section 51-51j.

      (d) The financial statement, except as provided in subdivision (2) of subsection (b) of this section shall be open to inspection at the Office of the Chief Court Administrator of the Judicial Department or at a place designated by the Chief Court Administrator.

      (e) The Chief Court Administrator shall report to the Judicial Review Council any judge or family support magistrate who fails to file any statement required by this section.

      (P.A. 78-281, S. 1; P.A. 82-248, S. 21; P.A. 85-140, S. 1; P.A. 89-360, S. 28, 45; P.A. 97-132, S. 1; June Sp. Sess. P.A. 98-1, S. 89.)

      History: P.A. 82-248 rephrased provisions of section and changed reference to "executive secretary" to "chief court administrator"; P.A. 85-140 amended Subsec. (a) to require that appellate court judges file financial interests statement; P.A. 89-360 added references to family support magistrates; P.A. 97-132 amended Subsec. (a) to provide filing of statement of financial interest with Office of Chief Court Administrator instead of Judicial Review Council, amended Subsec. (b) to require forms provided by Office of Chief Court Administrator, made a conforming change in Subsec. (c), and added new Subsec. (e) re report by Chief Court Administrator to Judicial Review Council re any judge or family support magistrate who fails to file statement; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (c).

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      Sec. 51-47. Salaries of judges. Practice of law prohibited. Membership on board of directors of bank prohibited. Longevity payments. (a) The judges of the Superior Court, judges of the Appellate Court and judges of the Supreme Court shall receive annually salaries as follows:

      (1) On and after April 1, 2002, (A) the Chief Justice of the Supreme Court, one hundred forty-nine thousand five hundred eighty-two dollars; (B) the Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, one hundred forty-three thousand seven hundred thirty-eight dollars; (C) each associate judge of the Supreme Court, one hundred thirty-eight thousand four hundred four dollars; (D) the Chief Judge of the Appellate Court, one hundred thirty-six thousand eight hundred seventy-three dollars; (E) each judge of the Appellate Court, one hundred twenty-nine thousand nine hundred eighty-eight dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred twenty-seven thousand six hundred seventeen dollars; (G) each judge of the Superior Court, one hundred twenty-five thousand dollars.

      (2) On and after January 1, 2005, (A) the Chief Justice of the Supreme Court, one hundred fifty-seven thousand eight hundred nine dollars; (B) the Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, one hundred fifty-one thousand six hundred forty-four dollars; (C) each associate judge of the Supreme Court, one hundred forty-six thousand sixteen dollars; (D) the Chief Judge of the Appellate Court, one hundred forty-four thousand four hundred one dollars; (E) each judge of the Appellate Court, one hundred thirty-seven thousand one hundred thirty-seven dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred thirty-four thousand six hundred thirty-six dollars; (G) each judge of the Superior Court, one hundred thirty-one thousand eight hundred seventy-five dollars.

      (3) On and after January 1, 2006, (A) the Chief Justice of the Supreme Court, one hundred sixty-six thousand four hundred eighty-nine dollars; (B) the Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, one hundred fifty-nine thousand nine hundred eighty-four dollars; (C) each associate judge of the Supreme Court, one hundred fifty-four thousand forty-seven dollars; (D) the Chief Judge of the Appellate Court, one hundred fifty-two thousand three hundred forty-three dollars; (E) each judge of the Appellate Court, one hundred forty-four thousand six hundred eighty dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred forty-two thousand forty-one dollars; (G) each judge of the Superior Court, one hundred thirty-nine thousand one hundred twenty-eight dollars.

      (4) On and after January 1, 2007, (A) the Chief Justice of the Supreme Court, one hundred seventy-five thousand six hundred forty-five dollars; (B) the Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, one hundred sixty-eight thousand seven hundred eighty-three dollars; (C) each associate judge of the Supreme Court, one hundred sixty-two thousand five hundred twenty dollars; (D) the Chief Judge of the Appellate Court, one hundred sixty thousand seven hundred twenty-two dollars; (E) each judge of the Appellate Court, one hundred fifty-two thousand six hundred thirty-seven dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred forty-nine thousand eight hundred fifty-three dollars; (G) each judge of the Superior Court, one hundred forty-six thousand seven hundred eighty dollars.

      (b) In addition to the salary such judge is entitled to receive under subsection (a) of this section, a judge designated as the administrative judge of the appellate system shall receive one thousand dollars in annual salary, each Superior Court judge designated as the administrative judge of a judicial district shall receive one thousand dollars in annual salary and each Superior Court judge designated as the chief administrative judge for facilities, administrative appeals, judicial marshal service or judge trial referees or for the Family, Juvenile, Criminal or Civil Division of the Superior Court shall receive one thousand dollars in annual salary.

      (c) Each such judge shall be an elector and a resident of this state, shall be a member of the bar of the state of Connecticut and shall not engage in private practice, nor on or after July 1, 1985, be a member of any board of directors or of any advisory board of any state bank and trust company, state bank or savings and loan association, national banking association or federal savings bank or savings and loan association. Nothing in this subsection shall preclude a senior judge from participating in any alternative dispute resolution program approved by STA-FED ADR, Inc.

      (d) Each such judge, excluding any senior judge, who has completed not less than ten years of service as a judge of either the Supreme Court, the Appellate Court, or the Superior Court, or of any combination of such courts, or of the Court of Common Pleas, the Juvenile Court or the Circuit Court, or other state service or service as an elected officer of the state, or any combination of such service, shall receive semiannual longevity payments based on service as a judge of any or all of such six courts, or other state service or service as an elected officer of the state, or any combination of such service, completed as of the first day of July and the first day of January of each year, as follows:

      (1) A judge who has completed ten or more years but less than fifteen years of service shall receive one-quarter of three per cent of the annual salary payable under subsection (a) of this section.

      (2) A judge who has completed fifteen or more years but less than twenty years of service shall receive one-half of three per cent of the annual salary payable under subsection (a) of this section.

      (3) A judge who has completed twenty or more years but less than twenty-five years of service shall receive three-quarters of three per cent of the annual salary payable under subsection (a) of this section.

      (4) A judge who has completed twenty-five or more years of service shall receive three per cent of the annual salary payable under subsection (a) of this section.

      (1949 Rev., S. 3597; 1955, S. 1965d; March, 1958, P.A. 27, S. 15; 1959, P.A. 531, S. 19; 670, S. 1; February, 1965, P.A. 331, S. 12; 1967, P.A. 656, S. 26; 795; 1969, P.A. 601, S. 1; 1972, P.A. 281, S. 19; P.A. 74-183, S. 28, 291; P.A. 76-436, S. 10a, 35, 681; P.A. 77-452, S. 13, 72; 77-576, S. 30, 45, 65; P.A. 78-377, S. 1, 4; P.A. 79-608, S. 1, 10; P.A. 80-337, S. 1, 13; 80-483, S. 132, 186; P.A. 82-248, S. 22; June Sp. Sess. P.A. 83-35, S. 1, 9; P.A. 84-399, S. 1, 17; 84-435, S. 1, 6; P.A. 85-517, S. 1, 5; P.A. 86-328, S. 2, 3; P.A. 87-198, S. 1, 6; 87-476; 87-508, S. 5, 10; P.A. 88-364, S. 65, 123; P.A. 90-328, S. 1, 2; P.A. 92-226, S. 27, 28; P.A. 93-108, S. 1, 6; 93-379, S. 3, 8; P.A. 95-191, S. 2, 4; July 21 Sp. Sess. P.A. 97-1, S. 4, 8; P.A. 98-197, S. 2, 8; June Sp. Sess. P.A. 99-1, S. 37, 51; P.A. 00-231, S. 8, 10; P.A. 01-186, S. 14; May Sp. Sess. P.A. 04-2, S. 12.)

      History: 1959 acts raised salaries of chief justice from $20,000 to $22,500; of associate judges from $19,000 to $21,500; of judges of the superior court from $18,500 to $21,000; of common pleas court judges from $15,500 to $17,000; and of judges of juvenile court from $13,000 to $15,000, and stipulated latter not to engage in private practice; 1965 act increased salary of chief justice to $30,000; associate judges to $29,000; superior court judges to $27,500; common pleas court judges to $22,500, and juvenile court judges to $20,000; 1967 acts raised salary of chief justice to $33,000, established salary of chief court administrator at $33,000, established salary of circuit court judges at $17,500 and of chief judge of circuit court at $20,000 (salary provisions for circuit court judges formerly found in repealed Sec. 51-47a), required that all judges be members of state bar and extended prohibition against private practice to apply to all judges; 1969 act raised salary of circuit court judges to $21,500 and salary of chief judge of circuit court to $23,500; 1972 act raised chief justice's salary to $40,000, chief court administrator's salary to $38,000 and associate judges' salaries to $36,000, established salary of chief judge of superior court at $35,000, raised other superior court judges' salaries to $34,500, established salary of chief judge of common pleas court at $30,000, raised other common pleas judges' salaries to $28,500, established salary of chief judge of juvenile court at $28,500, raised other juvenile court judges' salaries to $26,500, raised salary of circuit court chief judge to $28,500 and other circuit court judges' salaries to $26,500; P.A. 74-183 deleted salary provisions for circuit court judges, raised salary of chief judges of common pleas and juvenile courts to $32,500 and raised salary of other judges of juvenile court to $28,500; P.A. 76-436 deleted salary for chief judge of superior court, establishing same salary for all superior court judges, deleted salaries for common pleas and juvenile court judges and added new salary provisions to reflect merger of common pleas and juvenile courts into superior court, effective July 1, 1978; P.A. 77-452 specified that salary set for chief court administrator applies "if he is a judge of the supreme or superior court", effective July 1, 1978; P.A. 77-576 specified computation basis for third through fifth and succeeding years of service and replaced previous provisions which insured that superior court judges serving on July 1, 1978, and former common pleas and juvenile court judges would not receive reduced salaries after merger with new provisions re salaries of such judges and, effective July 1, 1979, raised chief justice's salary to $41,000, raised chief court administrator's salary to $41,000, raised associate judges salaries to $40,000, raised salary for superior court judges with five or more years of service from $34,500 to $38,500, raised salaries for judges hired on or after July 1, 1978, with one year of service from $29,700 to $34,500, for those with two years of service from $30,900 to $35,400, for those with three years of service from $32,100 to $36,500, for those with four years of service from $33,300 to $37,500; P.A. 78-377 clarified provisions re effect of P.A. 76-436 and raised salary of chief justice to $44,000 and salary of chief court administrator to $42,000, effective January 1, 1970; P.A. 79-608 raised chief justice's salary to $46,640, raised chief court administrator's salary to $44,520, raised associate justices' salaries to $42,400, raised salaries for superior court judges serving on June 30, 1978, to $40,810, raised initial salaries from $28,500 to $30,210, raised salaries to $36,500 for one year's service, to $37,630 for two years' service, to $38,600 for three years' service, to $39,750 for four years' service, and to $40,810 for five years' service; P.A. 80-337 divided section into Subsecs., revised salaries effective January 1, 1981, raising chief justice's salary to $51,093, chief court administrator's salary to $48,846, associate judges' salaries to $46,600, superior court judges' salaries (if serving June 30, 1978) to $43,873, newly appointed judges' salaries to $36,806, salaries for one year's service to $41,046, salaries for two years' service to $41,753, salaries for three years' service to $42,460, salaries for four years' service to $43,166 and for five years' service to $43,873, and added Subdivs. (2) to (4) in Subsec. (a) re future salary increases and additional payments; P.A. 80-483 made technical changes; P.A. 82-248 made technical revision, rewording some provisions, but made no substantive change; June Sp. Sess. P.A. 83-35 added "judges of the appellate court" and revised salaries effective July 1, 1983, raising chief justice's salary to $63,600, chief court administrator's salary to $61,500, associate judge's salary to $58,300, appellate court judge's salary to $55,700 and superior court judge's salary to $53,000, and added Subdivs. (2) and (3) re future salary increases; P.A. 84-399 added Subsec. (d) re longevity payments; P.A. 84-435 added provision prohibiting judge from being member of board of directors or advisory board of any state bank and trust company, state bank or savings and loan association, national banking association or federal savings bank or savings and loan association, effective July 1, 1985; P.A. 85-517 revised salaries effective July 1, 1986, raising chief justice's salary to $75,960, chief court administrator's salary to $72,373, associate judge's salary to $69,103, the chief presiding judge's salary to $70,163, appellate court judge's salary to $65,938, the deputy chief court administrator's salary to $64,483 and superior court judge's salary to $62,878 and added Subdiv. (3) re salary increases on or after July 1, 1987; P.A. 86-328 revised salaries effective July 1, 1986, by increasing chief justice's salary to $77,960, chief court administrator's salary to $74,373, and associate judge's salary to $71,103; revised salaries effective April 1, 1987, increasing chief justice's salary to $89,460, chief court administrator's salary to $76,873, associate judge's salary to $73,603, chief presiding judge's salary to $72,663, appellate court judge's salary to $68,438, deputy chief court administrator's salary to $66,983 and superior court judge's salary to $65,378; and revised salaries effective July 1, 1987, increasing chief justice's salary to $84,483, chief court administrator's salary to $80,717, associate judge's salary to $77,283, chief presiding judge's salary to $76,296, appellate court judge's salary to $71,860, deputy chief court administrator's salary to $70,332 and superior court judge's salary to $68,647; P.A. 87-198 substituted "chief judge" for "chief presiding judge"; P.A. 87-476 deleted Subdiv. (1) of Subsec. (a) re salaries on and after July 1, 1985, and added Subdivs. (4), (5) and (6) re salary increases on and after July 1, 1988; July 1, 1989, and July 1, 1990; P.A. 87-508 amended Subsec. (c) to require that judges be electors and residents of this state; P.A. 88-364 amended Subsec. (a) by deleting references to chief "presiding" judge of appellate court; P.A. 90-328, effective July 1, 1991, amended Subsec. (a) by deleting provisions re salary on and after July 1, 1986, April 1, 1987, July 1, 1987, and July 1, 1988, and added provisions re salary increases on and after July 1, 1991, July 1, 1992 and July, 1, 1993; and amended Subsec. (b) to provide that administrative judge of appellate system, chief administrative judge for facilities and chief administrative judge for the juvenile division shall receive an additional $1,000 in annual salary; P.A. 92-226 amended Subsec. (d) to include service as a prosecutorial official of the judicial department, or service as a defense attorney of the judicial department or the public defender services commission, or any combination of such service; P.A. 93-108 amended Subsec. (c) to permit senior judge to participate in alternative dispute resolution program approved by STA-FED ADR, Inc., effective June 3, 1993; P.A. 93-379 amended Subsec. (d) to permit credit for longevity purposes for any other state service or service as an elected officer of the state or any combination of service, effective June 30, 1993; P.A. 95-191 amended Subsec. (a) by deleting provisions re salary on and after July 1, 1989, July 1, 1990, July 1, 1991, and July 1, 1992, and adding provisions re salary increases on and after July 1, 1995, and July 1, 1996, effective July 1, 1995; July 21 Sp. Sess. P.A. 97-1 amended Subsec. (a) by deleting former Subdivs. (1) and (2) re salary increases on and after July 1, 1993, and July 1, 1995, redesignating former Subdiv. (3) as Subdiv. (1) and adding new Subdivs. (2) and (3) re salary increases on and after October 1, 1997, and October 1, 1998, respectively, effective July 23, 1997; P.A. 98-197 amended Subsec. (a) by deleting provision re salaries on and after July 1, 1996, and adding Subdiv. (3) re salary increases on and after October 1, 1999, effective July 1, 1998; June Sp. Sess. P.A. 99-1 amended Subsec. (a) by adding Subdivs. (4) and (5) re salary increases, effective July 1, 1999; P.A. 00-231 amended Subsec. (a) to delete former Subdivs. (1) to (3), inclusive, renumber former Subdivs. (4) and (5) as Subdivs. (1) and (2) and add new Subdiv. (3) re salary increases on and after April 1, 2002, effective January 3, 2001; P.A. 01-186 amended Subsec. (b) by adding judge for administrative appeals, judicial marshal service or judge trial referees; May Sp. Sess. P.A. 04-2 amended Subsec. (a) by deleting former Subdivs. (1) and (2) re salaries on and after April 1, 2000 and 2001, redesignating existing Subdiv. (3) re salaries on and after April 1, 2002, as new Subdiv. (1) and adding new Subdivs. (2) to (4) re salary increases for judges on and after January 1, 2005, 2006 and 2007, effective January 1, 2005.

      Prohibition against practice of law by judges was rule of policy prior to enactment of statute. 72 C. 437. Power to determine a salary system for compensation of judges is a legislative power; section does not violate separation of powers nor equal protection clauses of state or federal constitutions. 179 C. 552. Cited. 213 C. 54.

      System adopted by state of paying salaries on biweekly basis held to result in underpayment of public officer on a statutory annual salary. 20 CS 417.

      Subsec. (c):

      P.A. 93-108 cited. 226 C. 475.


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      Sec. 51-47a. Appropriations. Section 51-47a is repealed.

      (1969, P.A. 601, S. 2; P.A. 85-613, S. 153, 154.)

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      Sec. 51-47b. Compensation of senior judges and referees. (a) Each senior judge who has been designated and assigned by the Chief Justice or the Chief Court Administrator to perform judicial duties as a senior judge pursuant to the provisions of this section, sections 51-50, 51-50c to 51-50e, inclusive, 51-50i to 51-50k, inclusive, 51-165, 51-198, 52-434a and 52-434b shall receive during the period he shall perform the judicial duties, in addition to his retirement salary, the compensation provided by law for a state referee for each day he so performs either judicial duties or duties as a referee or both.

      (b) In no event shall the total of a retired judge's compensation, defined as retirement salary plus fees payable by the state for services as a senior judge or state referee for services rendered in any fiscal year, exceed the highest annual salary specified by section 51-47 during the fiscal year for the judicial office held by the retired judge at the time of retirement.

      (P.A. 74-309, S. 6, 17; P.A. 76-436, S. 10a, 64, 681; P.A. 77-576, S. 32, 65; P.A. 82-248, S. 23; P.A. 02-132, S. 74.)

      History: P.A. 76-436 deleted references to Secs. 17-55 and 51-142 in Subsec. (a), effective July 1, 1978; P.A. 77-576 rephrased clause re maximum retirement compensation in Subsec. (b) for clarity; P.A. 82-248 made technical revision, changing "such" to "the" and eliminating obsolete reference to fiscal year ending June 30, 1975; P.A. 02-132 amended Subsec. (b) by replacing "amount equal to the highest salary on which his retirement salary is based during the fiscal year" with "highest annual salary specified by section 51-47 during the fiscal year for the judicial office held by the retired judge at the time of retirement".

      See Sec. 52-434(f) re per diem compensation of state referees.

      Cited. 214 C. 552.

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      Sec. 51-48. Payment of expenses of judges. Each judge of the Supreme Court, judge of the Appellate Court and judge of the Superior Court shall be allowed his necessary expenses while engaged in official duty, to be taxed and paid as are other court expenses.

      (1949 Rev., S. 3597, 7658; 1955, S. 1965d; March, 1958, P.A. 27, S. 15; 1959, P.A. 28, S. 88; 531, S. 23; P.A. 74-183, S. 29, 291; P.A. 76-436, S. 61, 681; P.A. 88-364, S. 66, 123.)

      History: 1959 acts included circuit court and juvenile court judges; P.A. 74-183 removed judges of circuit court from purview of section, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 removed judges of common pleas and juvenile courts from purview of section, their functions having been transferred to superior court, effective July 1, 1978; P.A. 88-364 added "judge of the appellate court".

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      Sec. 51-49. Disability retirement of judges, state's attorneys, public defenders, family support magistrates and compensation commissioners. (a) When the Chief Justice or any judge of the Supreme Court, or the Appellate Court, or the Superior Court, or the Chief State's Attorney, a Deputy Chief State's Attorney, or any state's attorney who had elected under the provisions of section 51-278 to be included within the provisions of this section, or any public defender, Chief Public Defender or Deputy Chief Public Defender who had elected under the provisions of section 51-295a to be included within the provisions of this section, or any family support magistrate who had elected under the provisions of subdivision (2) of subsection (i) of section 46b-231, or any compensation commissioner, has become so permanently incapacitated as to be unable to fulfill adequately the duties of his office, he may be retired by the Judicial Review Council as hereinafter provided, upon application by him or upon its own motion.

      (b) If the Judicial Review Council finds that the justice, judge, Chief State's Attorney, Deputy Chief State's Attorney, state's attorney, Chief Public Defender, Deputy Chief Public Defender, public defender, family support magistrate or compensation commissioner is permanently incapacitated from adequately fulfilling his duties, (1) the justice, judge, family support magistrate or compensation commissioner shall thereupon be retired with retirement pay to be determined as provided by section 51-50, or (2) the Chief State's Attorney, Deputy Chief State's Attorney, state's attorney, Chief Public Defender, Deputy Chief Public Defender or public defender shall thereupon be retired and shall receive as retirement pay, annually, two-thirds the salary of the office which he held at the time of his retirement, as such salary may be changed from time to time. No judge shall be denied benefits under section 51-50 as a result of the expiration of his judicial term of office during the pendency of a disability matter before the Judicial Review Council. Any council proceedings pursuant to this section shall be confidential.

      (1949 Rev., S. 7736; 1955, S. 3137d; 1959, P.A. 28, S. 89; 531, S. 20; 1967, P.A. 622, S. 5; 1971, P.A. 639, S. 3; P.A. 73-122, S. 11, 27; P.A. 74-183, S. 30, 291; P.A. 76-436, S. 62, 681; P.A. 77-494, S. 11, 18; P.A. 82-248, S. 24; June Sp. Sess. P.A. 83-29, S. 56, 82; P.A. 84-399, S. 2, 17; 84-421, S. 2, 4; P.A. 86-348, S. 3, 8; P.A. 92-160, S. 1, 19; 92-226, S. 4, 28.)

      History: 1959 acts included circuit court and juvenile court judges; 1967 act included state's attorneys; 1971 act applied provisions to compensation commissioner; P.A. 73-122 included chief state's attorney and deputy chief state's attorney and qualified applicability re state's attorneys by adding "who had elected under the provisions of Sec. 51-278 to be included within the provisions of this section"; P.A. 74-183 removed circuit court judges from purview of section, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 amended section to reflect transfer of common pleas and juvenile courts' function to superior court, adding proviso re retirement compensation for judges of former juvenile, circuit and common pleas courts, effective July 1, 1978; P.A. 77-494 replaced committee consisting of governor, chief justice, attorney general, health commissioner, president pro tempore of senate and speaker of house of representatives with judicial review council; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change; June Sp. Sess. P.A. 83-29 included reference to appellate court in Subsec. (a); P.A. 84-399 deleted provisions re disability retirement benefits for judges of juvenile court, circuit court or court of common pleas; P.A. 84-421 extended provisions of section to include any public defender who had elected under Sec. 51-295a to be included in this section, effective July 1, 1985; P.A. 86-348 extended provisions of section to include any chief public defender or deputy chief public defender who had elected under Sec. 51-295a to be included in this section; P.A. 92-160 amended Subsec. (b) by adding prohibition re denial of benefits under Sec. 51-50 as result of expiration of term during pendency of matter before judicial review council and adding provision re confidentiality of proceedings; P.A. 92-226 extended provisions of section to include any family support magistrate who had elected under Sec. 46b-231 to be included in this section.

      See Sec. 31-283e re compensation commissioners' right to elect benefits under this section.

      See Sec. 51-275 for definitions of "Chief State's Attorney" and "Deputy Chief State's Attorney".


      Cited. 213 C. 54.

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      Sec. 51-49a. Vested and nonforfeitable right to retirement salary after ten years of service. (a) The right to a retirement salary, in accordance with the provisions of this section, of any judge, family support magistrate or compensation commissioner who is not eligible to retire under the provisions of section 51-50a, which judge, family support magistrate or commissioner has completed ten years of service as such, shall be vested and nonforfeitable.

      (b) Any such judge or commissioner who first commenced service as a judge or compensation commissioner prior to January 1, 1981, and who resigns prior to becoming eligible to retire under section 51-50a and after at least ten years of service, shall receive, at such time as he would have been eligible to so retire if he had continued in such service, as retirement salary, annually, fifty per cent of the retirement salary he would have received had he served until he was so eligible, plus ten per cent of such retirement salary for each year of service beyond ten years but for not more than five years of additional service.

      (c) Any such judge, family support magistrate or commissioner who first commenced service as a judge, family support magistrate or compensation commissioner on or after January 1, 1981, and who resigns prior to becoming eligible to retire under section 51-50a and after at least ten years of service, shall receive, at such time as he would have been eligible to so retire if he had continued in such service, annually, an amount equal to the fraction of the retirement salary he would have received had he served until he was so eligible which corresponds to the ratio which the number of years of his completed service bears to the number of years of service which would have been completed at age sixty-five or twenty years, whichever is less.

      (d) In determining the amount of retirement payments to be made pursuant to subsections (b) and (c) of this section, longevity payments which would have been made if the judge, family support magistrate or commissioner had continued to serve as a judge, family support magistrate or commissioner from the date of resignation with a vested right to a retirement salary shall not be included in the computation.

      (P.A. 78-342, S. 3; P.A. 80-337, S. 7, 13; P.A. 82-248, S. 25; P.A. 84-399, S. 3, 17; P.A. 92-226, S. 5, 28.)

      History: P.A. 80-337 specified applicability of previous provisions to judges and commissioners whose term of service began before January 1, 1981, and added provisions applicable to those whose service began on or after that date; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change; P.A. 84-399 added Subsec. (d) providing that longevity payments which would have been made if judge or compensation commissioner continued to serve from the date of resignation shall not be included in computation of benefits; P.A. 92-226 extended provisions of section to include family support magistrates.

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      Sec. 51-49b. Cost of living allowance for retired judges, family support magistrates and compensation commissioners who commenced service on or after January 1, 1981. On January 1, 1982, and January first of each subsequent year, each judge, family support magistrate or compensation commissioner who first commenced service as a judge, family support magistrate or compensation commissioner on or after January 1, 1981, and retired on or before the December thirty-first immediately preceding, shall be entitled, in addition to the retirement salary to which such judge, family support magistrate or commissioner was entitled under the provisions of section 51-49a, 51-50 or 51-50a, as of the December thirty-first immediately preceding, to an additional percentage which reflects the increase, if any, in the National Consumer Price Index for Urban Wage Earners and Clerical Workers for the previous twelve-month period, provided such cost of living allowance shall not exceed three per cent. Such cost of living allowance shall be computed on the basis of the combined retirement salary and cost of living allowances, if any, to which such judge, family support magistrate or commissioner was entitled as of the December thirty-first immediately preceding.

      (P.A. 80-337, S. 4, 13; P.A. 92-226, S. 6, 28.)

      History: P.A. 92-226 extended provisions of section to include family support magistrates.

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      Sec. 51-49c. Cost of living allowance for surviving spouses of judges, family support magistrates and compensation commissioners who commenced service on or after January 1, 1981. On January 1, 1982, and January first of each subsequent year, each surviving spouse of a deceased judge, family support magistrate or of a compensation commissioner who first commenced service as a judge, family support magistrate or compensation commissioner on or after January 1, 1981, receiving an allowance under the provisions of section 51-51, shall be entitled to an additional cost of living allowance equal to the percentage which reflects the increase, if any, in the National Consumer Price Index for Urban Wage Earners and Clerical Workers for the previous twelve-month period, provided such cost of living increase shall not exceed three per cent. Such cost of living allowance shall be computed on the basis of the combined retirement allowance and cost of living allowance, if any, to which such surviving spouse was entitled as of the December thirty-first immediately preceding.

      (P.A. 80-337, S. 6, 13; P.A. 92-226, S. 7, 28.)

      History: P.A. 92-226 extended provisions of section to include family support magistrates.

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      Sec. 51-49d. Funding of retirement system for judges, family support magistrates and compensation commissioners on actuarial reserve basis. State contributions. (a) For the purposes of this section and sections 51-49e and 51-50b:

      (1) "Retirement system" or "system" means the retirement provisions in sections 51-49a to 51-50b, inclusive, and section 51-51, for judges, family support magistrates and compensation commissioners;

      (2) "Actuarial reserve basis" means a basis under which the liabilities of the retirement system are determined using actuarial assumptions, tables and methods and under which assets are accumulated under a program designed to achieve a balance between the accumulated assets and the liabilities of the system;

      (3) "Funding" means the accumulation of assets in advance of the payment of retirement allowances in accordance with a definite actuarial program;

      (4) "Normal cost" means the amount of contribution which the state is required to make into the retirement fund in order to meet the actuarial cost of current service;

      (5) "Unfunded liability" means the actuarially determined value of the liability for service before the date of the actuarial valuation less the accumulated assets in the retirement fund;

      (6) "Amortization of unfunded liabilities" means a systematic program of payment for the unfunded liabilities over a period of years in lieu of a payment in one sum;

      (7) "Current service" means service rendered in the current fiscal year;

      (8) "Retirement fund" means the Judge's Retirement Fund established by section 51-49e.

      (b) The retirement system shall be funded on an actuarial reserve basis. On or before November 1, 1998, and biennially thereafter, the Retirement Commission, as administrator of the system pursuant to section 5-155a, shall certify to the General Assembly, with respect to the ensuing biennium, the amount necessary on the basis of an actuarial determination to gradually establish and subsequently maintain the retirement fund on such determined actuarial reserve basis, and make such other recommendations with regard to such fund and its administration as the commission deems appropriate. The Retirement Commission shall, at least once every two years, prepare a valuation of the assets and liabilities of the system. On the basis of each such valuation, it shall redetermine the normal rate of contribution and, until it is amortized, the unfunded past service liability. The General Assembly shall review the commission's recommendations and certification and shall appropriate to the retirement fund the amount certified by the Retirement Commission as necessary provided said certification is in compliance with this section at the time of certification, and the amount so certified shall not be reduced or used for other than the purposes of this section.

      (c) The Retirement Commission shall determine on an actuarial basis (1) a normal rate of contribution which the state shall be required to make into the retirement fund in order to meet the actuarial cost of current service and (2) the unfunded past service liability. Effective July 1, 1991, the unfunded past service liability shall be funded as a level percentage of payroll. The state contribution shall be the sum of the normal cost and the amount required for a forty-year amortization of unfunded liabilities. The forty-year period for such amortization shall commence July 1, 1991.

      (d) No act liberalizing the benefits of the retirement system shall be enacted by the General Assembly until the assembly has requested and received from the Retirement Commission a certification of the unfunded liability created by such change and the cost of such change under the actuarial funding basis adopted by this section using full normal cost plus thirty-year amortization. Any unfunded liability created by such change shall be amortized over a period of thirty years.

      (e) The funds of the retirement system shall not be reduced or used for other than the purposes of the system.

      (P.A. 81-456, S. 3; P.A. 84-546, S. 110, 173; June Sp. Sess. P.A. 91-10, S. 3, 20; P.A. 92-226, S. 8, 28; P.A. 98-159, S. 1, 2.)

      History: P.A. 84-546 made technical change in Subsec. (b), substituting reference to Sec. 5-155a for reference to Sec. 5-155; June Sp. Sess. P.A. 91-10 amended Subsec. (c) to delete 6-year funding program for the actuarial reserve basis for the fiscal year beginning July 1, 1982, and requirement that unfunded liability be fully amortized over 40-year period commencing with fiscal year beginning July 1, 1987, and added provisions that unfunded past service liability shall be funded as a level percentage of payroll effective July 1, 1991, state contribution shall be sum of normal cost and amount required for 40-year amortization of unfunded liabilities, and 40-year amortization period shall commence July 1, 1991; P.A. 92-226 redefined "retirement system" to include family support magistrates; P.A. 98-159 amended Subsec. (b) to change certification date from "on or before March first annually" to "on or before November 1, 1998, and biennially thereafter," with respect to the ensuing biennium, effective July 1, 1998.

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      Sec. 51-49e. Judge's Retirement Fund. The Judge's Retirement Fund is hereby established in the State Treasury. All moneys received by the system pursuant to section 51-49d and section 51-50b shall be deposited in the fund, and all retirement benefits and other obligations and payments payable by the system shall be payable from the fund. The State Treasurer shall be the custodian of the fund, and may invest and reinvest as much of the fund as is not required for current disbursements in accordance with the laws covering the investment of savings bank funds, and when deemed prudent, in accordance with the laws governing the investment of trust funds. All of the provisions of the general statutes applicable to the administration, investment and custody of the State Employees Retirement Fund shall apply to the Judge's Retirement Fund, to the same extent and with the same effect as if such fund were expressly mentioned therein.

      (P.A. 81-456, S. 5.)

      See Sec. 51-49d re funding of retirement system.

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      Sec. 51-49f. Determination of retirement salary of judges and allowance to surviving spouses. (a) For purposes of determining both the retirement salary of judges who first commenced service as judges prior to January 1, 1981, and the allowance payable to their surviving spouses under subsection (a) of section 51-51, "salary for the office" shall be composed of the total of the following amounts: The annual salary payable pursuant to subsection (a) of section 51-47, as such salary may change from time to time; and for judges to whom a longevity payment has been made or is due and payable, in each instance under subsection (d) of section 51-47, (1) one and one-half per cent of annual salary, as such salary may change from time to time, for those who have completed ten or more but less than fifteen years of service as a judge or other state service or service as an elected official of the state or any combination of such service, (2) three per cent of annual salary, as such salary may change from time to time, for those who have completed fifteen or more but less than twenty years of service as a judge or other state service or service as an elected official of the state or any combination of such service, (3) four and one-half per cent of annual salary, as such salary may change from time to time, for those who have completed twenty or more but less than twenty-five years of service as a judge or other state service or service as an elected official of the state or any combination of such service, and (4) six per cent of annual salary, as such salary may change from time to time, for those who have completed twenty-five or more years of service as a judge or other state service or service as an elected official of the state or any combination of such service.

      (b) For purposes of determining both the retirement salary of judges who first commenced service as judges on or after January 1, 1981, and the allowance payable to their surviving spouses, under subsection (b) of section 51-51, "salary" shall be composed of the total of the following amounts: The annual salary payable at the time of retirement or death, fixed in accordance with subsection (a) of section 51-47; and for judges to whom a longevity payment has been made or is due and payable, in each case under subsection (d) of section 51-47, (1) one and one-half per cent of the annual salary the judge was receiving at the time of retirement or death, for those who have completed ten or more but less than fifteen years of service as a judge or other state service or service as an elected official of the state or any combination of such service, (2) three per cent of the annual salary the judge was receiving at the time of retirement or death, for those who have completed fifteen or more but less than twenty years of service as a judge or other state service or service as an elected official of the state or any combination of such service, (3) four and one-half per cent of the annual salary the judge was receiving at the time of retirement or death, for those who have completed twenty or more but less than twenty-five years of service as a judge or other state service or service as an elected official of the state or any combination of such service, and (4) six per cent of the annual salary the judge was receiving at the time of retirement or death, for those who have completed twenty-five or more years of service as a judge or other state service or service as an elected official of the state or any combination of such service.

      (P.A. 84-399, S. 7, 17; P.A. 96-233.)

      History: P.A. 96-233 included other state service or service as an elected official or any combination of such service for purposes of longevity credit for determination of retirement salary.

      Cited. 213 C. 54.

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      Sec. 51-49g. Determination of retirement salary of compensation commissioners and allowance to surviving spouses. (a) For purposes of determining both the retirement salary of compensation commissioners who first commenced service as compensation commissioners in a term commencing prior to January 1, 1981, and the allowance payable to their surviving spouses under subsection (a) of section 51-51, "salary" shall be composed of the total of the following amounts: The annual salary payable pursuant to subsection (a) of section 31-277, as such salary may change from time to time; and for compensation commissioners to whom a longevity payment has been made or is due and payable, in each instance under subsection (b) of section 31-277, (1) one and one-half per cent of annual salary, as such salary may change from time to time, for those who have completed ten or more but less than fifteen years of service as a compensation commissioner, (2) three per cent of annual salary, as such salary may change from time to time for those who have completed fifteen or more but less than twenty years of service as a compensation commissioner, (3) four and one-half per cent of annual salary, as such salary may change from time to time, for those who have completed twenty or more but less than twenty-five years of service as a compensation commissioner, and (4) six per cent of annual salary, as such salary may change from time to time, for those who have completed twenty-five or more years of service as a compensation commissioner.

      (b) For purposes of determining both the retirement salary of compensation commissioners who first commenced service as compensation commissioners in a term commencing on or after January 1, 1981, and the allowance payable to their surviving spouses, under subsection (b) of section 51-51, "salary" shall be composed of the total of the following amounts: The annual salary payable at the time of retirement or death, fixed in accordance with subsection (a) of section 31-277; and for compensation commissioners to whom a longevity payment has been made or is due and payable, in each case under subsection (b) of section 31-277, (1) one and one-half per cent of the annual salary the commissioner was receiving at the time of retirement or death, for those who have completed ten or more but less than fifteen years of service as a commissioner, (2) three per cent of the annual salary the commissioner was receiving at the time of retirement or death, for those who have completed fifteen or more but less than twenty years of service as a commissioner, (3) four and one-half per cent of the annual salary the commissioner was receiving at the time of retirement or death, for those who have completed twenty or more but less than twenty-five years of service as a commissioner and (4) six per cent of the annual salary the commissioner was receiving at the time of retirement or death, for those who have completed twenty-five or more years of service as a commissioner.

      (P.A. 84-399, S. 13, 17; 84-546, S. 163, 173; P.A. 92-226, S. 20, 28.)

      History: P.A. 84-546 made technical changes to Subsec. (b), changing "judge" to "commissioner"; P.A. 92-226 amended section to provide that January 1, 1981, date re determination of retirement salary and surviving spouse allowance applies to date "term" commenced rather than to date "service" commenced.

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      Sec. 51-49h. Credit for military service. (a) Any judge of the Superior Court, the Appellate Court or the Supreme Court who first commenced service as a judge prior to January 1, 1981, may elect to receive the retirement salary provided under subsection (b) of section 51-50. The surviving spouse of a deceased judge who has made an election under this section shall receive the allowances provided under subsection (b) of section 51-51.

      (b) Any such judge, any family support magistrate or any compensation commissioner who is a veteran may receive credit for retirement purposes for military service, if such judge, family support magistrate or compensation commissioner makes retirement contributions for each month of military service equal to one-twelfth of five per cent of his first year's salary as a judge, family support magistrate or compensation commissioner multiplied by the total number of months of such military service, except that (1) no retirement contribution shall be made for service as a prisoner of war, and (2) no credit shall be allowed for military service to any such judge, family support magistrate or compensation commissioner who has served less than ten years as a judge, family support magistrate or compensation commissioner, nor for more than fifty per cent of such military service or three years, whichever is less. Service credit for military service for retirement purposes other than service as a prisoner of war shall not be granted until payment of contributions is completed. Any application for military service credit under this section for service as a prisoner of war shall be accompanied by sufficient proof from the Veterans' Administration of the United States that such judge, family support magistrate or compensation commissioner is a former prisoner of war.

      (c) For purposes of this section: (1) "Armed forces" means the United States Army, Navy, Marine Corps, Coast Guard and Air Force; (2) "veteran" means any person honorably discharged from, or released under honorable conditions from active service in, the armed forces; (3) "military service" shall be service during World War II, December 7, 1941, to December 31, 1946; the Korean hostilities, June 27, 1950, to October 27, 1953; and the Vietnam era, January 1, 1964, to July 1, 1975, and shall include service as a prisoner of war.

      (P.A. 86-295, S. 2, 3; P.A. 92-226, S. 10, 28; P.A. 98-197, S. 4, 8; June Sp. Sess. P.A. 98-1, S. 100, 121.)

      History: P.A. 92-226 extended provisions of section to include family support magistrates; P.A. 98-197 amended Subsec. (b) by permitting compensation commissioners to purchase military service credit for retirement purposes, effective July 1, 1998; June Sp. Sess. P.A. 98-1 made technical changes in Subsec. (b), effective July 1, 1998.

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      Sec. 51-50. Retirement at age seventy or for disability. (a) Each judge or compensation commissioner who first commenced service as a judge or compensation commissioner prior to January 1, 1981, and who attains the age of seventy while serving in his or her respective office or who is retired because of disability, shall receive the following retirement salary:

      (1) A retired Chief Justice of the Supreme Court shall receive, annually, two-thirds of the salary for the office of Chief Justice of the Supreme Court;

      (2) A retired Chief Court Administrator who was a judge shall receive, annually, two-thirds of the salary for the office of Chief Court Administrator;

      (3) A retired associate judge of the Supreme Court shall receive, annually, two-thirds of the salary for the office of associate judge of the Supreme Court;

      (4) A retired Chief Judge of the Appellate Court shall receive, annually, two-thirds of the salary for the office of Chief Judge of the Appellate Court;

      (5) A retired judge of the Appellate Court shall receive, annually, two-thirds of the salary for the office of judge of the Appellate Court;

      (6) A retired Deputy Chief Court Administrator who was a judge shall receive, annually, two-thirds of the salary for the office of Deputy Chief Court Administrator;

      (7) A retired judge of the Superior Court shall receive, annually, two-thirds of the salary for the office of judge of the Superior Court;

      (8) A retired judge of the Court of Common Pleas, a retired judge of the Circuit Court or a retired judge of the Juvenile Court, shall receive, annually, two-thirds of the salary for the office of judge of the Superior Court;

      (9) A retired compensation commissioner shall receive, annually, two-thirds of the salary of a compensation commissioner.

      (b) Each judge, family support magistrate or compensation commissioner who first commences service as a judge, family support magistrate or compensation commissioner on or after January 1, 1981, and who attains the age of seventy while serving in his or her respective office or who is retired because of disability shall receive as retirement, annually, two-thirds of the salary the judge, family support magistrate or compensation commissioner was receiving at the time of his or her retirement.

      (1949 Rev., S. 3597; 1955, S. 1967d; 1959, P.A. 28, S. 90; 531, S. 21; February, 1965, P.A. 331, S. 47; 1967, P.A. 621, S. 3; 1971, P.A. 639, S. 4; P.A. 74-183, S. 31, 291; 74-309, S. 1, 17; P.A. 76-436, S. 10a, 63, 681; P.A. 77-576, S. 31, 65; P.A. 80-337, S. 2, 13; P.A. 82-248, S. 26; June Sp. Sess. P.A. 83-35, S. 2, 9; P.A. 84-399, S. 4, 17; P.A. 85-517, S. 2, 5; P.A. 87-198, S. 2, 6; P.A. 92-226, S. 11, 28.)

      History: 1959 acts included judges of circuit and juvenile courts; 1965 act provided that section applies only to judge first appointed prior to June 8, 1965; 1967 act deleted 1965 provision and specified applicability of section to judges who reach age of 70 while serving as judge and judges who retire because of disability; 1971 act added provision re compensation commissioners and applied section as a whole to such commissioners; P.A. 74-183 made no change; P.A. 74-309 clarified basis for retirement compensation, substituting "salary of the judicial office held by him at the time of his retirement" for "salary of a judge of the court of which he was a member"; P.A. 76-436 changed basis for retirement compensation, adding provisions specifically applicable to chief court administrator, to associate judges of supreme court or superior court judges and to judges of common pleas, juvenile or circuit courts, deleting former provision re basis for retirement computation as amended by P.A. 74-309, effective July 1, 1978; P.A. 77-576 amended section to add provisions re increases in retirement compensation, effective July 1, 1978; P.A. 80-337 designated former provisions as Subsecs. (a) and (c), specifying in Subsec. (a) that provisions apply to judges and compensation commissioners who began serving before January 1, 1981, and deleting provision re retirement salary and increments for retired chief judge of superior court, and added provisions designated as Subsecs. (b) and (d); P.A. 82-248 restated provisions of section and divided Subsec (a) into subdivisions; June Sp. Sess. P.A. 83-35 added new Subdiv. in Subsec. (a) re retirement salary of retired judge of the appellate court; P.A. 84-399 amended Subsec. (a) by adding "for the office of" and deleting references to retirement benefits based on salary step levels, and deleted Subsec. (c) re definition of "salary"; P.A. 85-517 added disability retirement provisions for a retired chief presiding judge of the appellate court and a retired deputy chief court administrator who was a judge; P.A. 87-198 deleted "presiding" as adjective modifying "judge"; P.A. 92-226 extended provisions of Subsec. (b) to include family support magistrates.

      See Sec. 31-283e re compensation commissioners' right to elect benefits under this section.

      Cited. 147 C. 656.

      Subsec. (a):

      Subpara. (4) cited. 7 CA 136.


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      Sec. 51-50a. Retirement at sixty-five or after twenty years of service as a judge, family support magistrate or compensation commissioner or with thirty years of state service credit. Retirement of judge nominated but not reappointed. (a)(1) The right of any judge, family support magistrate or compensation commissioner to a retirement salary in accordance with the provisions of this section shall vest and be nonforfeitable when the judge, family support magistrate or commissioner has attained the age of sixty-five years, or has served twenty years as a judge, family support magistrate or compensation commissioner or has thirty years of state service credit under the provisions of chapter 66, provided not less than ten years of such state service was served as a judge, family support magistrate or compensation commissioner, and provided such state service shall not be used for retirement credit under chapter 66. Any contributions made under chapter 66 shall be transferred to the Judges, Family Support Magistrates and Compensation Commissioners Retirement Fund.

      (2) Any judge, family support magistrate or compensation commissioner who has been refunded contributions from the State Employees Retirement Fund for any prior period of state service may receive credit for such service upon repayment of such refunded contributions with interest thereon at the rate of five per cent per year from the date of refund to the date of payment. The amount of such payment shall be transferred to the judges, family support magistrates and compensation commissioners retirement system. A judge, family support magistrate or commissioner may elect to retire at any time thereafter.

      (3) Notwithstanding any provision of the general statutes, any judge who has served for at least sixteen years as a judge and was nominated by the Governor for a subsequent term but was not reappointed and who has attained sixty-three years of age, shall be eligible to receive a retirement salary effective upon the expiration of his term as a judge. The retirement salary shall be in the amount equal to the fraction of the retirement salary such judge would have received had he served until he was eligible to retire which corresponds to the ratio which the number of years of his completed service bears to the number of years of service which would have been completed at age sixty-five or twenty years, whichever is less.

      (b) Each justice or judge or family support magistrate who retired while holding judicial office shall receive annually as retirement salary an amount in accordance with the provisions of section 51-50; and each compensation commissioner who first commenced service as a compensation commissioner prior to January 1, 1981, shall receive, annually, as retirement salary, two-thirds of the salary of a compensation commissioner, and each compensation commissioner who first commenced service as a compensation commissioner on or after January 1, 1981, shall receive, annually, as retirement salary, two-thirds of the salary the compensation commissioner was receiving at the time of his or her retirement; except that, if a judge, family support magistrate or commissioner has served fewer than ten years at the time of his retirement under this section, his retirement salary shall be reduced in the ratio which the number of years of his completed service bears to the number of years of service which would have been completed at age seventy, or ten years, whichever is less.

      (1967, P.A. 621, S. 1; 1971, P.A. 639, S. 5; P.A. 74-183, S. 32, 291; P.A. 76-436, S. 63a, 681; P.A. 78-342, S. 2; P.A. 80-337, S. 3, 13; P.A. 82-248, S. 27; June Sp. Sess. P.A. 83-35, S. 5, 9; P.A. 92-226, S. 12, 28; P.A. 93-379, S. 4, 8; P.A. 98-197, S. 5, 8.)

      History: 1971 act amended section to apply to compensation commissioners; P.A. 74-183 restated provisions re retirement salary of chief justice of supreme court and judges of all other courts, changing basis from "salary of a judge of the court of which he was a member at the time of his retirement" to "salary of the judicial office held by him at the time of his retirement", effective December 31, 1974; P.A. 76-436 specified retirement salary as amount in accordance with Sec. 51-50 rather than as amount equaling two-thirds of salary of judicial office held at time of retirement, effective July 1, 1978; P.A. 78-342 restated provision re criteria for retirement; P.A. 80-337 allowed retirement after 20 years' service rather than 25 years' service and distinguished between those who began serving before January 1, 1981, and those who began serving on or after that date; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change; June Sp. Sess. P.A. 83-35 amended Subsec. (a) by adding provision permitting retirement of judge or compensation commissioner who has 30 years of state service credit, provided not less than 10 years of such service was served as judge or compensation commissioner and such service shall not be used for retirement under chapter 66; P.A. 92-226 extended provisions of section to include family support magistrates; P.A. 93-379 amended Subsec. (a) by adding provision that any judge, family support magistrate or compensation commissioner who has been refunded retirement contributions may receive credit for such service upon repayment of refunded contributions plus interest, effective June 30, 1993; P.A. 98-197 amended Subsec. (a) by dividing Subsec. into Subdivs. and added Subdiv. (3) re eligibility of judge to receive retirement salary who has served for at least 16 years as a judge, was nominated by Governor for subsequent term but was not reappointed and has attained the age of 63, effective July 1, 1998.

      See Sec. 31-283e re compensation commissioners' rights to elect benefits under this section.

      Discussed. History of state referees. 164 C. 360.

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      Sec. 51-50b. Retirement contribution. (a) There shall be deducted and withheld from the salary payable to each judge under subsections (a) and (d) of section 51-47, family support magistrate under subsection (h) of section 46b-231, and compensation commissioner under section 31-277 a sum equal to five per cent of the judge's, family support magistrate's or commissioner's salary. The sums deducted and withheld shall be deposited in the Judge's Retirement Fund. The provisions of this subsection shall apply to any family support magistrate who had elected under the provisions of subdivision (2) of subsection (i) of section 46b-231.

      (b) The provisions of this section with respect to judges shall apply only to any person first appointed a judge of any court after May 20, 1967, and, on or after July 1, 1978, to any person who was appointed a judge on or prior to May 20, 1967, and who is reappointed to the same court on or after July 1, 1978, or who is appointed to a different court on or after July 1, 1978. The deduction or withholding shall commence with the reappointment or appointment, as the case may be. The appointment of a judge of the Supreme Court to the office of Chief Justice, the appointment, on or after August 1, 1983, of a judge of the Appellate Court to the Supreme Court prior to the expiration of his term as an Appellate Court judge or the appointment of a Superior Court judge to the Supreme Court or, on or after August 1, 1983, to the Appellate Court, prior to the expiration of his term as a Superior Court judge shall not be deemed to be a reappointment to the same court or appointment to a different court.

      (c) All matching noncontributory payments required to be made by the state to carry out the provisions of sections 51-49, 51-50 and 51-50a on behalf of compensation commissioners shall be an expense of the compensation commission for purposes of assessment under section 31-345.

      (d) All contributions made under this section shall be refunded without interest to any judge, family support magistrate or commissioner who resigns or is otherwise removed from judicial office or from the office of family support magistrate or the office of compensation commissioner prior to becoming eligible for retirement benefits or in the event of the death of any such judge, family support magistrate or commissioner, to his named beneficiary or, if none, his estate, provided no pension is payable under section 51-51.

      (1967, P.A. 621, S. 2; 1971, P.A. 639, S. 6; P.A. 77-576, S. 47, 65; 77-602; P.A. 80-337, S. 11, 13; P.A. 81-456, S. 4; P.A. 82-248, S. 28; 82-392, S. 1, 3; P.A. 84-399, S. 5, 17; P.A. 85-613, S. 75, 154; P.A. 86-295, S. 1, 3; P.A. 92-226, S. 13, 28.)

      History: 1971 act added provision re payments on behalf of compensation commissioners and applied previously existing provisions to compensation commissioners; P.A. 77-576 added provisions re effect of reappointment to same court or appointment to a different court and re refund of contributions to judge or compensation commissioner who ceases to hold office before becoming eligible for retirement; P.A. 77-602 replaced refund provision of P.A. 77-576 with new provision applicable to judge or compensation commissioner who resigns or is otherwise removed from office rather than to judge or compensation commissioner who "ceases to hold office"; P.A. 80-337 clarified meaning of "salary" for purposes of section; P.A. 81-456 required that deductions from judges' salaries be deposited in judge's retirement fund rather than in general fund; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change; P.A. 82-392 added provision re refund of all contributions in the event of death of judge or compensation commissioner to his named beneficiary, or if none, his estate, provided no pension is payable under Sec. 51-51; P.A. 84-399 amended Subsec. (a) by adding references to salary payable to each judge under Subsecs. (a) and (d) of Sec. 54-47 and compensation commissioner under Sec. 31-277 and deleted Subsec. (e) re definition of "salary"; P.A. 85-613 made technical changes, substituting reference to Sec. 51-47 for reference to Sec. 54-47; P.A. 86-295 amended Subsec. (b) to provide that the appointment on and after August 1, 1983, of judge of the appellate court to the supreme court prior to expiration of term as appellate judge, or judge of the superior court to the appellate court prior to expiration of term as superior court judge shall not be deemed to be reappointment to same court or appointment to different court; P.A. 92-226 extended provisions of section to include any family support magistrate who had elected under Sec. 46b-231 to be included in this section.

      See Sec. 51-49d re funding of retirement system.

      Discussed. History of state referees. 164 C. 360.

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      Sec. 51-50c. Assignment of senior judges to judicial duties. Participation in alternative dispute resolution program approved by STA-FED ADR, Inc. (a)(1) Any senior judge of the Supreme Court may be designated and assigned by the Chief Justice or the Chief Court Administrator to perform such judicial duties in the Supreme Court or by the Chief Court Administrator to perform such judicial duties in the Superior Court, as such senior judge is willing to undertake; (2) any senior judge of the Appellate Court may be designated by the Chief Judge of the Appellate Court or the Chief Court Administrator to perform such judicial duties in the Appellate Court or by the Chief Court Administrator to perform such judicial duties in the Superior Court, as such senior judge is willing to undertake.

      (b) Any senior judge of the Superior Court may be designated and assigned by the Chief Court Administrator to perform such judicial duties in the Superior Court as such senior judge is willing to undertake.

      (c) A senior judge shall not perform judicial duties unless such senior judge is so designated and assigned except as a state referee in the manner prescribed by law.

      (d) The Chief Court Administrator may designate, assign or summon any senior judge, in any matter in which the Chief Court Administrator may designate, assign or summon a judge or judges, to sit or act in any judicial capacity.

      (e) The Chief Court Administrator may make new designations and assignments in accordance with the provisions of this section and may revoke designations and assignments previously made by the Chief Court Administrator.

      (f) A senior judge may participate in an alternative dispute resolution program approved by STA-FED ADR, Inc. in any year commencing July first provided such judge performed the duties of a senior judge for at least seventy-five days during the preceding year, except that (1) for the year commencing July 1, 1993, a senior judge may participate in said alternative dispute resolution program without having performed the duties of a senior judge for seventy-five days during the preceding year and (2) a senior judge may participate in said alternative dispute resolution program from the date such judge assumes the status of a senior judge, through the completion of the year commencing July first following such date, without having satisfied the seventy-five-day requirement.

      (1967, P.A. 621, S. 6-10; P.A. 74-183, S. 33, 291; 74-309, S. 3, 17; P.A. 76-436, S. 10a, 65, 681; P.A. 77-576, S. 34, 65; P.A. 82-248, S. 29; P.A. 93-108, S. 2, 6; P.A. 99-215, S. 7, 25, 29.)

      History: P.A. 74-183 revised Subsec. (d) to reflect transfer of circuit court functions to court of common pleas, effective December 31, 1974; P.A. 74-309 referred to "senior" judges rather than to "retired" judges throughout section, authorized assignments to supreme court duties by chief justice in Subsec. (a), inserted new Subsec. (e) re senior judges of juvenile court, relettering former Subsec. (e) as Subsec. (f), and new Subsec. (g) re chief court administrator's power to assign duties to senior judges; P.A. 76-436 deleted Subsec. (d) re assignment of senior judge of common pleas court to duties in circuit court, that court having been replaced by common pleas court in P.A. 74-183, relettering remaining Subsecs. accordingly, and amended Subsecs. (c) and (d), formerly (e), to reflect transfer of common pleas and juvenile courts' functions to superior court, effective July 1, 1978; P.A. 77-576 deleted Subsecs. (c) and (d) re assignment of senior judges of common pleas and juvenile courts to duties in superior court to fully effect provisions of P.A. 76-436, effective July 1, 1978; P.A. 82-248 rephrased section and added provisions re authority of chief court administrator to make and revoke assignments and filing and recording of assignments with clerks; P.A. 93-108 added Subsec. (g) re participation of senior judges in alternative dispute resolution program approved by STA-FED ADR, Inc., effective June 3, 1993; P.A. 99-215 added Subsec. (a)(2) re designation of senior judge of the Appellate Court to perform judicial duties in the Appellate Court or the Superior Court and made technical changes, effective June 29, 1999, and deleted Subsec. (f) re filing of designations and assignments with clerk and entered on minutes of court and relettered remaining Subsec. accordingly.

      Discussed. History of state referees. 164 C. 360.

      Cited. 41 CS 1.

      Subsec. (c):

      Cited. 199 C. 496.

      Subsec. (g):

      P.A. 93-108 cited. 226 C. 475.


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      Sec. 51-50d. Duties and powers of senior judges. (a) A senior judge shall have all the powers of a judge of the court to which he is designated and assigned.

      (b) A senior judge shall discharge, during the period of his designation and assignment, all judicial duties for which he is designated and assigned. He may be required to perform any duty which might be required of a judge of the court to which he is designated and assigned.

      (1967, P.A. 621, S. 13; P.A. 74-309, S. 4, 17; P.A. 82-248, S. 30.)

      History: P.A. 74-309 referred to senior judges rather than to retired justices or judges; P.A. 82-248 restated section and divided section into Subsecs. but made no substantive change.

      Discussed. History of state referees. 164 C. 360. Cited. 199 C. 496.

      Statute gives senior judge same powers as other judges of the superior court including issuance of search warrants outside judicial districts for which they are assigned. 41 CS 1.


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      Sec. 51-50e. Senior judge may complete matters after expiration of his assignment. A senior judge who has sat by designation and assignment in any court may, notwithstanding the expiration of his designation and assignment, decide or join in the decision and final disposition of all matters submitted to him during his assignment period and may decide or join in the consideration and disposition of applications for rehearing or further proceedings in the matters, including matters relating to cases on appeal.

      (1967, P.A. 621, S. 14; P.A. 74-309, S. 5, 17; P.A. 82-248, S. 31.)

      History: P.A. 74-309 referred to senior judges rather than to retired justices or judges; P.A. 82-248 restated provisions of section but made no substantive change.

      Discussed. History of state referees. 164 C. 360.

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      Sec. 51-50f. Powers of certain state referees. A retired Chief Justice or judge of the Supreme Court, judge of the Appellate Court, judge of the Superior Court or judge of the Court of Common Pleas, acting as a state referee after attaining the age of seventy years, shall have the power of a judge of the Superior Court on matters referred to him from the Superior Court.

      (1967, P.A. 621, S. 11; P.A. 76-436, S. 468, 681; P.A. 82-248, S. 32; P.A. 85-140, S. 2.)

      History: P.A. 76-436 removed reference to powers of common pleas court judge, reflecting transfer of common pleas court functions to superior court, effective July 1, 1978; P.A. 82-248 made technical revision but no substantive change; P.A. 85-140 applied provisions of section to retired appellate court judges.

      See Conn. Const. Art. V, S. 6 re seventy-year age limit for persons serving as judges unless serving as state referee.

      See Secs. 52-434, 52-434a re state referees, generally.


      Cited. 158 C. 16. Cited. 163 C. 14. Discussed. History of state referees. 164 C. 360.

      Referee directed to file report under section 13a-76 where case had been heard before passage of this section. 27 CS 494.


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      Sec. 51-50g. Chief Court Administrator may make new assignments. Section 51-50g is repealed.

      (1967, P.A. 621, S. 12; P.A. 76-436, S. 10a, 66, 681; P.A. 82-248, S. 163.)

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      Sec. 51-50h. Power of retired judges to decide small claims. (a) A retired judge of the Court of Common Pleas or Superior Court acting as a state referee, may, at locations designated by the Chief Court Administrator, hear and determine small claims matters and render judgment thereon.

      (b) A retired judge of the Circuit Court acting as a state referee may hear and determine small claims matters at locations designated by the Chief Court Administrator. After the hearing, such retired judge shall report his findings to the referring court.

      (1972, P.A. 108, S. 11; P.A. 74-183, S. 35, 291; P.A. 76-436, S. 10a, 67, 681; P.A. 77-576, S. 36, 65; P.A. 78-379, S. 4, 27; P.A. 82-248, S. 33.)

      History: P.A. 74-183 included retired judges of common pleas court in provisions and replaced chief judge of circuit court with chief judge of common pleas court, reflecting transfer of duties from circuit court to court of common pleas, effective December 31, 1974; P.A. 76-436 included retired judges of superior court, deleted reference to judges' power to render judgments on small claims matters and replaced chief judge of common pleas court with chief court administrator, effective July 1, 1978; P.A. 77-576 rephrased section restoring reference to judges' power to render judgment on small claims matters, effective July 1, 1978; P.A. 78-379 required that retired circuit court judge report findings to referring court, terminating his power to render judgment on small claims matters; P.A. 82-248 reworded section and divided section into Subsecs.

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      Sec. 51-50i. Senior judges, reappointment, successors. (a) Any judge who retires from full-time active service, who has not attained the age of seventy and who is an elector and a resident of this state, shall be a senior judge of the court of which he is a member during the remainder of the term of office for which he was appointed, and he shall be eligible for reappointment to succeeding terms as such senior judge in the manner prescribed by law for the appointment of a judge of the court of which he is a member.

      (b) A successor to any judge who retires shall be appointed in the manner prescribed by law.

      (c) Any senior judge of the Court of Common Pleas or the Juvenile Court shall be eligible for appointment in accordance with subsection (a) of this section to a term as a senior judge of the Superior Court provided such senior judge shall not attain the age of seventy prior to July 1, 1978.

      (P.A. 74-309, S. 2, 17; P.A. 77-576, S. 35, 65; P.A. 87-508, S. 6, 10.)

      History: P.A. 77-576 added Subsec. (c) re appointment of senior judge of common pleas or juvenile court as senior judge in superior court, effective July 1, 1978; P.A. 87-508 amended Subsec. (a) to require that senior judges be electors and residents of this state.

      Cited. 41 CS 1.

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      Sec. 51-50j. Retired Supreme Court, Appellate Court and Superior Court judges eligible for certain duties. Each retired Chief Justice, associate judge of the Supreme Court, judge of the Appellate Court and judge of the Superior Court shall be eligible for the performance of judicial duties and all services under the provisions of sections 9-625, 51-194, 51-207, 53a-45, 54-47b to 54-47g, inclusive, and 54-82.

      (P.A. 74-309, S. 14, 17; P.A. 78-280, S. 73, 127; June Sp. Sess. P.A. 83-29, S. 57, 82; P.A. 86-99, S. 32, 34; P.A. 91-407, S. 2, 42; P.A. 10-43, S. 7.)

      History: P.A. 78-280 substituted "associate" for "associated" judge of supreme court, a technical correction; June Sp. Sess. P.A. 83-29 included reference to judge of the appellate court; P.A. 86-99 replaced reference to Sec. 9-346 with reference to Sec. 9-346b; P.A. 91-407 deleted reference to "54-47" and substituted "54-47b to 54-47g, inclusive," in lieu thereof; P.A. 10-43 deleted reference to repealed Sec. 51-204.

      Cited. 41 CS 1.

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      Sec. 51-50k. Private practice of law prohibited. Each retired justice or judge who is designated and assigned by the Chief Justice or the Chief Court Administrator to perform judicial duties shall be an elector and a resident of this state, shall be a member of the bar of the state of Connecticut and shall not engage in private practice. Participation in an alternative dispute resolution program approved by STA-FED ADR, Inc. shall not be considered the private practice of law.

      (P.A. 74-309, S. 15, 17; P.A. 79-426, S. 1; P.A. 87-508, S. 7, 10; P.A. 93-108, S. 3, 6.)

      History: P.A. 79-426 specified applicability to retired justice or judge "who is designated and assigned by the chief justice or the chief court administrator to perform judicial duties"; P.A. 87-508 required that retired judges who perform judicial duties be electors and residents of this state; P.A. 93-108 specified participation in alternative dispute resolution program approved by STA-FED, ADR Inc. shall not be considered private practice of law, effective June 3, 1993.

      P.A. 93-108 cited. 226 C. 475.

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      Sec. 51-50l. Retired senior judges eligible for appointment as state referees. (a) Each senior judge who ceases to hold office as a senior judge because of having reached the age of seventy years and who is an elector and a resident of this state shall be a state referee for the remainder of his term of office as a judge and shall be eligible for appointment as a state referee during the remainder of his life in the manner prescribed by law for the appointment of a judge of the court of which he is a member.

      (b) Each such judge who was a judge of the Superior Court or the Court of Common Pleas may exercise, as shall be prescribed by law, the powers of a judge of the Superior Court on matters referred to him as a state referee by the Chief Court Administrator as provided in section 2 of article eighth of the amendments to the Constitution of this state.

      (P.A. 74-309, S. 8, 17; P.A. 76-436, S. 10a, 68, 681; P.A. 79-426, S. 2; P.A. 80-222, S. 2; P.A. 82-248, S. 34; P.A. 84-546, S. 111, 173; P.A. 87-508, S. 8, 10.)

      History: P.A. 76-436 revised section to reflect transfer of common pleas court functions to superior court, effective July 1, 1978; P.A. 79-426 specified that senior judges 70 years old or older are eligible for appointment as state referee where previously section stated that such senior judges "shall be" referees, implying automatic change in status; P.A. 80-222 specified that senior judges, upon reaching 70 years of age, automatically become state referees for the remaining portion of their term of office as judge; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change; P.A. 84-546 made technical change in Subsec. (b), correcting constitutional cite; P.A. 87-508 amended Subsec. (a) to require that state referees be electors and residents of this state.

      Cited. 199 C. 496.

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      Sec. 51-51. Pensions for surviving spouses and children of judges, family support magistrates and compensation commissioners. (a) The surviving spouse of a deceased judge or of a compensation commissioner who commenced service as a judge or compensation commissioner prior to January 1, 1981, who died while holding judicial office or while holding the office of compensation commissioner or who died after retirement, shall receive, annually, for the rest of his or her natural life the following allowances:

      (1) The surviving spouse of a person who was a Chief Justice of the Supreme Court shall receive, annually, one-third of the salary for the office of Chief Justice of the Supreme Court.

      (2) The surviving spouse of a Chief Court Administrator who was a judge shall receive, annually, one-third of the salary for the office of Chief Court Administrator.

      (3) The surviving spouse of a person who was an associate judge of the Supreme Court, shall receive, annually, one-third of the salary for the office of an associate judge of the Supreme Court.

      (4) The surviving spouse of a person who was Chief Judge of the Appellate Court shall receive, annually, one-third of the salary for the office of Chief Judge of the Appellate Court.

      (5) The surviving spouse of a judge of the Appellate Court shall receive, annually, one-third of the salary for the office of a judge of the Appellate Court.

      (6) The surviving spouse of a Deputy Chief Court Administrator who was a judge shall receive, annually, one-third of the salary for the office of Deputy Chief Court Administrator.

      (7) The surviving spouse of a person who was a judge of the Superior Court shall receive, annually, one-third of the salary for the office of a judge of the Superior Court.

      (8) The surviving spouse of a deceased judge of the Court of Common Pleas, of the Circuit Court or of the Juvenile Court, shall receive annually, one-third of the salary for the office of Superior Court judge.

      (9) The surviving spouse of a deceased compensation commissioner shall receive, annually, one-third of the salary of a compensation commissioner.

      (b) The surviving spouse of a deceased judge of the Supreme Court, the Appellate Court or the Superior Court or of a family support magistrate or of a compensation commissioner who first commenced service as a judge, family support magistrate or compensation commissioner on or after January 1, 1981, and (1) who died while holding judicial office or the office of family support magistrate or compensation commissioner shall receive, annually, for the rest of his or her natural life, an allowance equal to one-third of the salary such judge, family support magistrate or compensation commissioner was receiving on the date of his or her death; or (2) who died after the judge, family support magistrate or compensation commissioner had retired shall receive, annually, for the rest of his or her natural life, an allowance equal to one-half of the retirement salary including any cost of living allowances the judge, family support magistrate or compensation commissioner was receiving on the date of his or her death.

      (c) The surviving spouse of a deceased judge or of a family support magistrate or of a compensation commissioner who died after the judge, family support magistrate or compensation commissioner had resigned with a vested right to a retirement salary under the provisions of section 51-49a, shall receive, annually, for the rest of his or her natural life, an allowance equal to one-half of the retirement salary the judge, family support magistrate or compensation commissioner would have received had he or she lived until he or she was so eligible.

      (d) If a judge, family support magistrate or compensation commissioner leaves no surviving spouse, or if the surviving spouse dies before the youngest child of such judge, family support magistrate or compensation commissioner reaches the age of eighteen, the pension, if any, otherwise payable to his or her surviving spouse under this section shall be payable, until the youngest child reaches the age of eighteen, to the guardian of the child, for the support of such child and any other children of the judge, family support magistrate or compensation commissioner under the age of eighteen.

      (e) The provisions of this section shall not apply to a surviving spouse or child who is receiving a pension under the provisions of any special act.

      (1949 Rev., S. 3598; September, 1950, 1953, 1955, S. 1968d; November, 1955, S. N194; 1959, P.A. 28, S. 91; 531, S. 22; 1967, P.A. 621, S. 4; 1972, P.A. 89, S. 1; P.A. 74-45; 74-183, S. 36, 291; P.A. 76-436, S. 68a, 681; P.A. 77-515, S. 1, 3; 77-576, S. 33, 65; P.A. 79-631, S. 87, 111; P.A. 80-337, S. 5, 13; P.A. 81-472, S. 89, 159; P.A. 82-248, S. 35; P.A. 84-399, S. 6, 17; P.A. 85-517, S. 3, 5; P.A. 87-198, S. 3, 6; P.A. 92-226, S. 14, 28.)

      History: 1959 acts applied provisions to widows of circuit court judges and widows of juvenile court judges; 1967 act deleted requirement that judge must have attained age of 70 for provisions to apply, deleted provision re widows of judges who retired for disability under provisions of Sec. 51-49 and raised allowance from one-fourth to one-third of judge's salary; 1972 act applied provisions to widows of compensation commissioners; P.A. 74-45 amended section to refer to both male and female judges and substituted "surviving spouse" for "widow" accordingly; P.A. 74-183 changed basis for allowance from one-third of "salary of a judge of the court of which her husband or his wife was a judge at the time of such judge's retirement or death" to one-third of the "salary of the judicial office held by such deceased judge at the time of his or her retirement or death", effective December 31, 1974; P.A. 76-436 changed basis for payments to spouses of deceased judges of common pleas, circuit or juvenile court from one-third of salary of the judicial office held by the deceased judge at the time of retirement or death to one-third of the first step of the salary of a superior court judge and added proviso re payments to spouses of superior court judges who died before becoming eligible for the maximum salary of a superior court judge, reflecting transfer of former courts' functions to superior court, effective July 1, 1978; P.A. 77-515 based payments to spouses of circuit court judges on one-third of common pleas court judge's salary; P.A. 77-576 specified that allowance is to continue for the rest of the surviving spouse's natural life and added provisions re increments in payments, effective July 1, 1978; P.A. 79-631 deleted contradictory provision re allowances for spouses of common pleas or juvenile court judges which had stated amount as one-third of salary for fifth year of service as superior court judge; P.A. 80-337 designated previous provisions as Subsecs. (a), (d) and (e), amended Subsec. (a) to specify applicability to spouses of judges and compensation commissioners who began serving as such before January 1, 1981, and to delete provision re allowances to spouses of deceased chief judges of superior court, amended Subsecs. (d) and (e) to clarify provisions re allowances to children and inserted new provisions designated as Subsecs. (b), (c) and (f) re allowances to spouses of judges and compensation commissioners who began serving on or after July 1, 1981, to spouses of those whose retirement rights had vested under Sec. 51-49a and re definition of "salary"; P.A. 81-472 made technical changes; P.A. 82-248 reworded some provisions and divided Subsec. (a) into subdivisions; P.A. 84-399 deleted references to levels of judicial office, reworded benefit provisions for surviving spouses of judges, changed "monthly" to "annually" and deleted Subsec. (f) re definition of "salary"; P.A. 85-517 added provisions re allowances for surviving spouse of a chief presiding judge of the appellate court and a deputy chief court administrator who was a judge, effective July 1, 1986; P.A. 87-198 substituted "chief judge" for "chief presiding judge"; P.A. 92-226 extended provisions of section to include family support magistrates.

      Cited. 147 C. 656. Cited. 213 C. 54.

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      Secs. 51-51a to 51-51f. Judicial Review Council. Sections 51-51a to 51-51f, inclusive, are repealed.

      (1969, P.A. 771, S. 1-5; 1971, P.A. 188; P.A. 74-183, S. 37, 291; 74-338, S. 2, 94; P.A. 75-328, S. 1-4, 75-479, S. 4, 25; P.A. 76-436, S. 69, 681; P.A. 77-494, S. 17, 18.)

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