Substitute Senate Bill No. 1125
         Substitute Senate Bill No. 1125

              PUBLIC ACT NO. 97-178


AN  ACT  CONCERNING  APPEALS, APPELLATE REVIEW AND
JUDGE TRIAL REFEREES.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  51-164x  of  the general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  Any  person  affected  by  a  court order
which prohibits  any  person  from  attending  any
session  of  court,  except  any  session of court
conducted  pursuant  to  section  46b-11,  46b-49,
46b-122  or  54-76h  or any other provision of the
general  statutes  under  which   the   court   is
authorized  to  close  proceedings,  whether  at a
pretrial or trial stage, shall have the  right  to
[appeal] THE REVIEW OF such order by THE filing OF
a petition for review  with  the  Appellate  Court
within seventy-two hours from the issuance of such
court order.
    (b)   No   [such]   order  SUBJECT  TO  REVIEW
PURSUANT TO SUBSECTION (a) OF THIS  SECTION  shall
be  effective until seventy-two hours after it has
been issued, and the TIMELY filing of any petition
for review shall stay the order.
    (c)  ANY PERSON AFFECTED BY A COURT ORDER THAT
SEALS OR  LIMITS  THE  DISCLOSURE  OF  ANY  FILES,
AFFIDAVITS,  DOCUMENTS  OR  OTHER MATERIAL ON FILE
WITH THE COURT OR FILED IN CONNECTION WITH A COURT
PROCEEDING,  EXCEPT  (1) ANY ORDER ISSUED PURSUANT
TO SECTION 46b-11 OR 54-33c OR ANY OTHER PROVISION
OF  THE  GENERAL STATUTES UNDER WHICH THE COURT IS
AUTHORIZED TO SEAL  OR  LIMIT  THE  DISCLOSURE  OF
FILES, AFFIDAVITS, DOCUMENTS OR MATERIALS, WHETHER
AT A PRETRIAL OR TRIAL STAGE, AND  (2)  ANY  ORDER
ISSUED  PURSUANT  TO  A  COURT  RULE THAT SEALS OR
LIMITS THE DISCLOSURE OF ANY AFFIDAVIT IN  SUPPORT
OF  AN ARREST WARRANT, SHALL HAVE THE RIGHT TO THE
REVIEW OF SUCH ORDER BY THE FILING OF  A  PETITION
FOR   REVIEW   WITH  THE  APPELLATE  COURT  WITHIN
SEVENTY-TWO HOURS FROM THE ISSUANCE OF SUCH  COURT
ORDER.
    [(c)]  (d)  The  Appellate Court shall provide
an expedited hearing on such [petition]  PETITIONS
FILED  PURSUANT TO SUBSECTIONS (a) AND (c) OF THIS
SECTION in  accordance  with  such  rules  as  the
judges   of   the   Appellate   Court  may  adopt,
consistent with the rights of the  petitioner  and
the parties to the case.
    Sec.   2.   Section   51-199  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  The  Supreme  Court  shall have final and
conclusive jurisdiction  of  all  matters  brought
before  it  according  to  law, and may carry into
execution  all  its  judgments  and  decrees   and
institute  rules  of  practice and procedure as to
matters before it.
    (b)  The  following  matters  shall  be  taken
directly to the  Supreme  Court:  (1)  Any  matter
brought  pursuant  to the original jurisdiction of
the Supreme  Court  under  section  2  of  article
sixteen of the amendments to the Constitution; (2)
an appeal in any matter where the  Superior  Court
declares invalid a state statute or a provision of
the state  Constitution;  (3)  an  appeal  in  any
criminal  action  involving  a  conviction  for  a
capital  felony;  [,  class  A  felony,  or  other
felony,  including any persistent offender status,
for  which  the  maximum  sentence  which  may  be
imposed  exceeds  twenty  years;]  (4) review of a
sentence of death pursuant to section 53a-46b; (5)
any  election  or  primary  dispute brought to the
Supreme Court pursuant to section 9-323 or section
9-325;  (6)  an appeal of any reprimand or censure
of a probate judge, pursuant  to  section  45a-65;
(7)  any  matter  regarding  judicial  removal  or
suspension pursuant  to  section  51-51j;  (8)  an
appeal  of  any  decision  of  the Judicial Review
Council pursuant to section 51-51r; (9) any matter
brought  to  the Supreme Court pursuant to section
52-265a; (10) writs of error, pursuant to  section
52-272;  and  (11) any other matter as provided by
law.
    (c)  The  Supreme Court may transfer to itself
a cause in the Appellate  Court.  Except  for  any
matter    brought   pursuant   to   its   original
jurisdiction under section 2 of article sixteen of
the  amendments  to  the constitution, the Supreme
Court may transfer a cause or class of causes from
itself,  including  any  cause  or class of causes
pending on July 1, 1983, to the  Appellate  Court.
The  court  to  which  a  cause is transferred has
jurisdiction.
    Sec.   3.   Section  52-434c  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    In  addition  to  the  powers and jurisdiction
granted to state referees  under  sections  52-434
and  52-434a,  a  Chief  Justice or a judge of the
Supreme Court or Appellate Court, who  has  ceased
to  hold  office  as  justice  or judge because of
having retired and who has become a state referee,
may  be  designated  by  the  Chief Justice of the
Supreme Court to be eligible to be assigned by the
Chief Judge of the Appellate Court to perform such
duties of the office of  judge  of  the  Appellate
Court  as may be requested by the Chief Judge. The
Chief Judge may assign  no  more  than  one  state
referee  to sit on any one panel. [No appeal shall
be referred to any panel to which a state  referee
is  to  be  assigned  without  the  prior  written
consent of the parties  or  their  attorneys.]  No
such  designation  may  be for a term of more than
one year. In performing the duties assigned,  such
retired  Chief  Justice  or  retired  judge of the
Supreme Court or Appellate  Court  shall  exercise
the  same  powers and jurisdiction as does a judge
of the Superior Court who is qualified to serve as
a judge on the Appellate Court.
    Sec.  4.  Subsection  (a) of section 52-434 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  (1) Each judge of the Supreme Court, each
judge of the Appellate Court, each  judge  of  the
Superior  Court  and  each  judge  of the Court of
Common Pleas who ceases  or  has  ceased  to  hold
office  because of retirement other than under the
provisions of section 51-49 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.
The Superior Court may refer any civil [, nonjury]
case [or with the written consent of  the  parties
or  their  attorneys, any civil jury case] pending
before the court in which  the  issues  have  been
closed  to such a state referee who shall have and
exercise the  powers  of  the  Superior  Court  in
respect to trial, judgment and appeal in the case.
The Superior Court may, with the  consent  of  the
parties  or  their  attorneys,  refer any criminal
case to such a state referee who  shall  have  and
exercise  the  powers  of  the  Superior  Court in
respect to trial, judgment, sentencing and  appeal
in  the  case. (2) Each judge of the Circuit Court
who  has  ceased  to  hold   office   because   of
retirement  other  than  under  the  provisions of
section 51-49 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,  to
whom  the  Superior  Court  may,  with the written
consent of the parties or their  attorneys,  refer
any case pending in court in which the issues have
been closed and which the judges of  the  Superior
Court may establish by rule to be the kind of case
which may be heard by such referees.  The  referee
shall  hear  any  such case so referred and report
the facts to the  court  by  which  the  case  was
referred. (3) Each judge of the Juvenile Court who
ceases or has ceased to  hold  office  because  of
retirement  other  than  under  the  provisions of
section 51-49 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,  to
whom  a  judge  before whom any juvenile matter is
pending may, with the written consent of the child
concerned,  either  of his parents or his guardian
or  his  attorney,  refer  any   juvenile   matter
pending.  The  referee  shall  hear  any matter so
referred and report the facts to the court for the
district  from  which the matter was referred. (4)
In  addition  to  the  state  referees   who   are
appointed  pursuant to subdivision (1), (2) or (3)
of this subsection, the Chief Justice may appoint,
from  qualified  members  of the bar of the state,
who are electors and residents of this  state,  as
many  state  referees  as he may from time to time
deem advisable or necessary. No appointment  of  a
member  of  the bar may be for a term of more than
one  year.  Notwithstanding  the   provisions   of
subsection  (f)  of  this  section, state referees
appointed by the Chief Justice from members of the
bar shall receive such reasonable compensation and
expenses  as  may  be  determined  by  the   Chief
Justice.

Approved June 26, 1997