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April 11, 2008 |
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2008-R-0267 |
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Transfer of Class A and B
felony cases |
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By: George Coppolo, Chief Attorney
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You asked how many A and B felony cases were transferred from Geographical Area (GA) courts to Judicial District (JD) courts during the last year. This report has been updated by OLR Report 2009-R-0204.
summary
According to information provided by Stephen Ment and Greg Pac of the Judicial Department, during 2007 GA courts transferred nearly 1,700 cases involving A and B felony charges to the JD courts. The GA courts with the highest number of transfers were Waterbury with 219, Hartford with 211, New Haven with 192, Bridgeport with 178, and New Britain with 98. The JD courts that received the most transfers were Hartford with 300, New Haven with 259, Waterbury with 224, and Fairfield with 178. Following is a table that shows the number of cases involving class A and B felonies transferred from each GA court to each JD court during 2007.
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Transfer of A and B Felonies To Judicial District Locations |
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By Originating Court |
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Calendar Year 2007 |
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Receiving JD Court |
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Originating GA Court |
Total |
Ansonia-Milford JD |
Danbury JD |
Fairfield JD |
Stamford JD |
New Britain JD |
Hartford JD |
New London JD |
Litchfield JD |
Middlesex JD |
New Haven JD |
Tolland JD |
Waterbury JD |
Windham JD |
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Derby GA |
45 |
40 |
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5 |
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Milford GA |
38 |
38 |
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Danbury GA |
58 |
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58 |
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Bridgeport GA |
178 |
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178 |
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Manchester GA |
65 |
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65 |
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Enfield GA |
25 |
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25 |
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Hartford GA |
211 |
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210 |
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1 |
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New Britain GA |
98 |
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97 |
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1 |
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Bristol GA |
49 |
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49 |
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New London GA |
72 |
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72 |
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Norwich GA |
72 |
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72 |
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Bantam GA |
61 |
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60 |
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1 |
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Middletown GA |
24 |
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1 |
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23 |
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Meriden GA |
66 |
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66 |
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New Haven GA |
192 |
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192 |
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Stamford GA |
84 |
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84 |
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Norwalk GA |
76 |
1 |
1 |
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73 |
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1 |
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Rockville GA |
12 |
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12 |
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Waterbury GA |
219 |
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1 |
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1 |
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217 |
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Danielson GA |
44 |
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44 |
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Total |
1,689 |
79 |
60 |
178 |
157 |
147 |
300 |
145 |
61 |
23 |
259 |
12 |
224 |
44 |
criminal case transfer policy from GA to Jd courts
Larry D’Orsi, deputy director, criminal matters, of the Superior Court Operations Division of the Judicial Branch, provided us with the branch’s policy concerning the transfer of cases from GA courts to JD courts. Under this policy, the presiding judges in the JD and the associated GA court locations are responsible for the transfers. They must do so in accordance with the following:
1. all cases involving charges that are to be heard by judges at the JD courthouse must be ordered transferred from the GA to the JD courthouse as soon as possible after arraignment;
2. all cases charging factually supported class A or class B felonies are automatically ordered transferred to the JD court location (exceptions to the automatic transfer of these cases may be made by agreement of the presiding judges based upon local custom and criteria);
3. all other cases charging any unclassified felony, class C felony, class D felony, misdemeanor, motor vehicle offense, or infraction must remain in the GA courthouse (The presiding judges may consider exceptions based on such things as the severity and nature of the crime, the defendant’s past record, and particular local considerations such as narcotics cases involving substantial quantities of narcotics, weapons, cash, or other aggravating factors.);
4. cases involving defendants with simultaneous pending charges in both JD and GA court locations must be retained for final disposition in each respective courthouse unless the JD presiding judge agrees otherwise (In the absence of the transfer of all files to the JD court location, the presiding judges must confer and coordinate any ultimate disposition, taking into consideration all pending charges.);
5. any case not otherwise qualifying for transfer, for which prior approval of the presiding judges (JD and GA) has not been given, must be returned to the forwarding GA; and
6. preliminary hearings to determine probable cause for crimes punishable by death or life imprisonment must be heard at JD court locations.
GC:dw