
General Assembly |
Amendment |
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February Session, 2012 |
LCO No. 3863 | ||||
*SB0043703863SRO* | |||||
Offered by: |
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SEN. MCKINNEY, 28th Dist. |
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"AN ACT CONCERNING CHANGES TO ELECTIONS LAWS. "
After the last section, add the following and renumber sections and internal references accordingly:
"Sec. 501. (NEW) (Effective from passage) Whenever a complaint is made, in writing, to the state's attorney for any judicial district that a justice of the peace of any town in such judicial district is guilty of misconduct, wilful and material neglect of duty or incompetence in the conduct of such justice of the peace's office, such state's attorney shall make such investigation of the charges as such state's attorney deems proper and shall, if such state's attorney is of the opinion that the evidence obtained warrants such action, prepare a statement in writing of the charges against such justice of the peace, together with a citation in the name of the state, commanding such justice of the peace to appear before a judge of the Superior Court at a date named in the citation and show cause, if any, why such justice of the peace should not be removed from office as provided in this section. Such state's attorney shall cause a copy of such statement and citation to be served by some proper officer upon the defendant justice of the peace not later than ten days before the date of appearance named in such citation, and the original statement and citation, with the return of the officer on such statement and citation, shall be returned to the clerk of the superior court for the judicial district within which such town is situated. To carry into effect the proceedings authorized by this section, the state's attorney of any judicial district shall have power to summon witnesses, require the production of necessary books, papers and other documents and administer oaths to witnesses; and upon the date named in such citation for the appearance of such justice of the peace, or upon any adjourned date fixed by the judge before whom such proceedings are pending, the state's attorney shall appear and conduct the hearing on behalf of the state. If, after a full hearing of all the evidence offered by the state's attorney and by and on behalf of the defendant, such judge is of the opinion that the evidence presented warrants the removal of such justice of the peace from office, the judge shall cause to be prepared a written order to that effect, which order shall be signed by the judge and lodged with the clerk of the superior court for the judicial district in which such defendant resides. Such clerk of the superior court shall cause a certified copy of such order to be served forthwith upon such justice of the peace, and upon such service the office held by such justice of the peace shall become vacant and the vacancy created shall be filled in the manner provided in section 9-184 of the general statutes or section 9-184c of the general statutes, as applicable. Any witnesses summoned and any officer making service under the provisions of this section shall be allowed and paid by the state the same fees as are allowed by law in criminal prosecutions. "
This act shall take effect as follows and shall amend the following sections: | ||
Sec. 501 |
from passage |
New section |