Chapter 872a - Removal, Suspension and Censure of Judges

Sec. 51-51h. Application of chapter. This chapter shall apply to judges of the Superior Court, judges of the Appellate Court, judges of the Supreme Court, administrative law judges and family support magistrates, and the term “judges” as used in this chapter refers to such judges and also to senior judges and state referees.

(P.A. 77-494, S. 2, 18; P.A. 82-248, S. 36; P.A. 85-140, S. 3; P.A. 86-402, S. 1, 13; P.A. 89-360, S. 29, 45; P.A. 92-160, S. 11, 19; P.A. 21-18, S. 1.)

History: P.A. 82-248 made technical revision rewording section; P.A. 85-140 included appellate court judges among those judges to whom chapter applies; P.A. 86-402 specified that “judges” refers to state referees and deleted exception re Sec. 51-51j; P.A. 89-360 applied provisions of chapter to family support magistrates; P.A. 92-160 added reference to compensation commissioners; pursuant to P.A. 21-18, “compensation commissioners” was changed editorially by the Revisors to “administrative law judges”, effective October 1, 2021.

Cited. 222 C. 799.

Cited. 41 CS 1.

Sec. 51-51i. Grounds for removal, suspension and censure. (a) In addition to removal by impeachment and removal by the Governor on the address of two-thirds of each house of the General Assembly as provided in the Connecticut Constitution, a judge shall be subject, in the manner and under the procedures provided in this chapter to censure, suspension or removal from office for (1) conduct prejudicial to the impartial and effective administration of justice which brings the judicial office in disrepute, (2) wilful violation of section 51-39a or any canon of judicial ethics, (3) wilful and persistent failure to perform the duty of a judge, (4) neglectful or incompetent performance of the duties of a judge, (5) final conviction of a felony or of a misdemeanor involving moral turpitude, (6) disbarment or suspension as an attorney-at-law, (7) wilful failure to file a financial statement or the filing of a fraudulent financial statement required under section 51-46a, or (8) temperament which adversely affects the orderly carriage of justice.

(b) In addition to removal by the Governor for cause pursuant to subsection (f) of section 46b-231, a family support magistrate shall be subject, in the manner and under the procedures provided in this chapter to censure, suspension or removal from office for (1) conduct prejudicial to the impartial and effective administration of justice which brings the magisterial office in disrepute, (2) wilful violation of section 51-39a or any canon of judicial ethics, (3) wilful and persistent failure to perform the duty of a magistrate, (4) neglectful or incompetent performance of the duties of a magistrate, (5) final conviction of a felony or of a misdemeanor involving moral turpitude, (6) disbarment or suspension as an attorney-at-law, (7) wilful failure to file a financial statement or the filing of a fraudulent financial statement required under section 51-46a, or (8) temperament which adversely affects the orderly carriage of justice.

(c) In addition to removal by the Governor for cause pursuant to subsection (e) of section 31-276, an administrative law judge shall be subject, in the manner and under procedures provided in this chapter to censure, suspension or removal from office for (1) conduct prejudicial to the impartial and effective administration of the duties of an administrative law judge which brings the office of administrative law judge in disrepute, (2) wilful violation of any provision of the code of ethics for administrative law judges, (3) wilful and persistent failure to perform the duty of an administrative law judge, (4) neglectful or incompetent performance of the duties of an administrative law judge, (5) final conviction of a felony or a misdemeanor involving moral turpitude, (6) disbarment or suspension as an attorney-at-law, or (7) temperament which adversely affects the orderly carriage of the duties of an administrative law judge.

(P.A. 77-494, S. 3, 18; P.A. 78-281, S. 3; P.A. 82-248, S. 37; P.A. 84-435, S. 4, 6; P.A. 86-402, S. 2, 13; P.A. 89-360, S. 30, 45; P.A. 92-160, S. 12, 19; P.A. 99-267, S. 1, 3; P.A. 21-18, S. 1.)

History: P.A. 78-281 added Subdiv. (8) re disciplinary actions against judges who wilfully fail to file financial statement or who file fraudulent statement; P.A. 82-248 deleted “a” before “wilful” and substituted “any canon” for “the cannons”; P.A. 84-435 amended Subdiv. (2) by adding reference to Sec. 51-39a, effective July 1, 1985; P.A. 86-402 deleted former Subdiv. (5) re censure, suspension or removal for habitual intemperance in use of intoxicating liquors or controlled substances, renumbering as necessary, and added Subdiv. (8) re temperament which adversely affects the orderly carriage of justice; P.A. 89-360 added Subsec. (b) re grounds for removal, censure and suspension of family support magistrate; P.A. 92-160 added Subsec. (c) re grounds for censure, suspension or removal from office of compensation commissioner; P.A. 99-267 amended Subsec. (c) by adding wilful violation of any provision of the code of ethics for workers' compensation commissioners as a ground for censure, suspension or removal from office and made technical changes, effective July 8, 1999; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge” and “workers' compensation commissioners” was changed editorially by the Revisors to “administrative law judges” in Subsec. (c), effective October 1, 2021.

Cited. 193 C. 180; 222 C. 799; 227 C. 784; 240 C. 157.

Cited. 42 CS 129.

Sec. 51-51j. Removal or suspension by Supreme Court. (a) The Supreme Court may remove or suspend any judge or family support magistrate for any period upon recommendation of the Judicial Review Council, established under section 51-51k, or on its own motion. Upon receipt of such recommendation or on its own motion, the Supreme Court shall make an investigation of the conduct complained of and hold a hearing thereon, unless such an investigation and hearing has been held by the Judicial Review Council.

(b) If the recommendation or motion involves the conduct of a member of the Supreme Court, such member shall be disqualified with regard to the investigation, hearing and decision on the recommendation or motion.

(c) Hearings under this section shall not be public unless requested by the judge or family support magistrate under investigation.

(d) In determining whether to remove or suspend a judge or family support magistrate from office, the determination shall be made by a full court, as provided in section 51-207. A judge or family support magistrate shall not be removed except on the concurrent opinion of the members of the full court as provided in section 51-207, and a judge or family support magistrate shall not be suspended for any period of time, except upon a majority vote of the court.

(P.A. 77-494, S. 4, 18; P.A. 82-248, S. 38; P.A. 88-364, S. 67, 123; P.A. 89-360, S. 31, 45; P.A. 92-160, S. 17, 19.)

History: P.A. 82-248 made technical revision, rewording some provisions and dividing sections into Subsecs. but made no substantive change; P.A. 88-364 made technical change in Subsec. (d); P.A. 89-360 added references to family support magistrates; P.A. 92-160 deleted Subsec. (e) re adoption of rules by supreme court concerning judicial review council.

Cited. 193 C. 180; 222 C. 799; 240 C. 157. Because Supreme Court is empowered to determine all matters of judicial discipline in the first instance as well as upon appeal of review council's decisions, court's review of review council's legal conclusions is de novo. 246 C. 183.

Cited. 42 CS 129.

Sec. 51-51k. Judicial Review Council. (a) Composition of council. There is established a Judicial Review Council, within the Office of Governmental Accountability established under section 1-300, to be composed of the following members: (1) Three judges of the Superior Court, who are not also judges of the Supreme Court, who shall be appointed by the Governor, from a list of six judges selected by the members of the Superior Court, with the approval of the General Assembly, (2) three attorneys-at-law admitted to practice in this state, who shall be appointed by the Governor with the approval of the General Assembly, (3) six persons who are not judges or attorneys-at-law, who shall be appointed by the Governor with the approval of the General Assembly, and (4) thirteen alternate members who shall be appointed by the Governor with the approval of the General Assembly, as follows: (A) Two judges of the Superior Court who are not also judges of the Supreme Court, from a list of four judges selected by the members of the Superior Court, (B) two attorneys-at-law admitted to practice in this state, (C) three persons who are not judges or attorneys-at-law, (D) three administrative law judges, and (E) three family support magistrates.

(b) Alternate members. An alternate member who is a judge, attorney-at-law or person who is not a judge or attorney-at-law shall serve at probable cause hearings and public hearings in lieu of a member who is a judge, attorney-at-law or person who is not a judge or attorney-at-law, respectively, when such member is absent or disqualified, as designated by the executive director of the council. An alternate member who is an administrative law judge shall serve as a member of the council in lieu of one of the members who is a judge of the Superior Court, as designated by the executive director, when the subject of a complaint or investigation is an administrative law judge. An alternate member who is a family support magistrate shall serve as a member of the council in lieu of one of the members who is a judge of the Superior Court, as designated by the executive director, when the subject of a complaint or investigation is a family support magistrate. An alternate member shall have the same power as the member he or she is temporarily replacing during the absence or disqualification of the member.

(c) Appointment and terms of members on and after December 1, 1992. On and after December 1, 1992, members shall be appointed in accordance with subsection (a) of this section as follows: One judge shall be appointed for a term of two years, one judge shall be appointed for a term of three years and one judge shall be appointed for a term of four years; one attorney shall be appointed for a term of two years, one attorney shall be appointed for a term of three years and one attorney shall be appointed for a term of four years; two lay members shall be appointed for terms of two years, two lay members shall be appointed for terms of three years, and two lay members shall be appointed for terms of four years. Thereafter, members shall serve for terms of four years. Members may continue in office until a successor is appointed and qualified. No member appointed on or after December 1, 1992, may serve consecutive terms, and if the member is an attorney, no member of his or her firm may serve a term consecutive to such member, provided no member may serve for more than two terms. Vacancies on the council shall be filled for the unexpired portion of any term in the same manner as the original appointment. Any member who is a judge, a family support magistrate or an administrative law judge and retires from full-time active service as a judge, a family support magistrate or an administrative law judge shall automatically cease to be a member of the council, and a vacancy shall be deemed to occur. Alternate members shall be appointed for terms of three years and shall not serve consecutive terms as alternate members.

(d) Holding elected or appointed positions restricted. No member of the council, except a judge, a family support magistrate or an administrative law judge, may hold any elected or appointed position with compensation within the state or United States, or be a selectman or chief executive officer of any municipality, or a full or part-time employee of the Judicial Department or Workers' Compensation Commission, or a member of a national or state central committee, or a chairperson of any political party.

(e) Executive director. (1) The Judicial Review Council shall employ an executive director and such other staff as is necessary for the performance of its functions and duties.

(2) The executive director may investigate any complaint filed pursuant to section 51-51l and present evidence obtained pursuant to any such investigation to the council.

(f) Brochure. The Judicial Review Council shall develop a concise brochure written in plain language to provide the public with information concerning the purpose, authority, jurisdiction and process of the Judicial Review Council. The council shall distribute the brochure to all court administrative offices and to any person who files a complaint pursuant to section 51-51l.

(g) Annual report. The Judicial Review Council shall submit to the Governor, the Judicial Department, the joint standing committee of the General Assembly having cognizance of matters relating to the Judicial Review Council, and the judges of the Superior Court annually on or before September first, a report of its activities for the previous fiscal year, including the number of complaints received and the number of each type of complaint disposition, including the number of dismissals, the number of admonishments and the number of cases in which probable cause was found.

(h) Office space. The Commissioner of Administrative Services shall provide the Judicial Review Council office space for the conduct of duties of the council.

(i) Regulations. The Judicial Review Council shall adopt regulations in accordance with the provisions of chapter 54 to establish rules and procedures for the council in the discharge of its duties under this chapter and to provide standards for the identification of and procedures for the treatment of conflicts of interest for council members, which standards shall require that any professional or ethical codes of conduct shall apply to any professional member of the council subject to such codes of conduct.

(P.A. 77-494, S. 5, 18; P.A. 82-248, S. 39; P.A. 86-402, S. 3, 13; P.A. 92-160, S. 2, 6–9, 18, 19; P.A. 93-18; P.A. 94-57, S. 1, 2; P.A. 95-97, S. 1, 3; P.A. 97-132, S. 2, 3; P.A. 07-217, S. 187; P.A. 11-48, S. 65; 11-51, S. 44; P.A. 21-18, S. 1.)

History: P.A. 82-248 deleted obsolete provision, reworded section and divided section into Subsecs; P.A. 86-402 increased lay members from three to five and amended Subsec. (b) re appointment and terms of two lay members appointed on or after June 9, 1986; P.A. 92-160 amended Subsecs. (a) to (d) re appointment of members, increasing number of nonattorney members from five to six and adding provision re expiration of terms of all members on December 1, 1992, and terms and appointment of members appointed thereafter, and added Subsecs. (e) to (i) re executive director, informational brochure, annual report, office space and regulations editorially; P.A. 93-18 amended Subsec. (a) to add a compensation commissioner and a family support magistrate as alternate members of the council and specify when each alternate member would serve and amended Subsecs. (c) and (d) to add references to “compensation commissioner”, “family support magistrate” and “workers' compensation commission” as appropriate; P.A. 94-57 amended Subsec. (a) by increasing number of alternate members from two to nine, adding two judges, two attorneys-at-law and three persons who are not judges or attorneys-at-law, deleted former Subsec. (b), designating part of Subsec. (a) as (b) and inserting provisions re service of alternate member when member is absent or disqualified and powers of alternate members, and amended Subsec. (c) to add provision re three-year term for alternate member, effective May 23, 1994; P.A. 95-97 amended Subsec. (c) by adding provision re continuance of members in office until successor appointed and qualified, effective June 5, 1995; P.A. 97-132 amended Subsec. (a) by increasing alternate members from nine to thirteen, adding two additional compensation commissioners and two additional family support magistrates and amended Subsec. (b) by changing “chairperson” to “executive director” and by making technical changes; P.A. 07-217 made technical changes in Subsec. (c), effective July 12, 2007; P.A. 11-48 amended Subsec. (a) by adding provision re Office of Governmental Accountability and by making a technical change, effective July 1, 2011; pursuant to P.A. 11-51, “Commissioner of Public Works” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (h), effective July 1, 2011; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge”, “compensation commissioners” was changed editorially by the Revisors to “administrative law judges” and conforming changes were made in Subsecs. (a) to (d), effective October 1, 2021.

Cited. 193 C. 180; 227 C. 784.

Sec. 51-51l. Investigation of conduct of judge, administrative law judge or family support magistrate. (a) Except as provided in subsection (d) of this section, the Judicial Review Council shall investigate every written complaint brought before it alleging conduct under section 51-51i, and may initiate an investigation of any judge, administrative law judge or family support magistrate if (1) the council has reason to believe conduct under section 51-51i has occurred or (2) previous complaints indicate a pattern of behavior which would lead to a reasonable belief that conduct under section 51-51i has occurred. The council shall, not later than five days after such initiation of an investigation or receipt of such complaint, notify by registered or certified mail any judge, administrative law judge or family support magistrate under investigation or against whom such complaint is filed. A copy of any such complaint shall accompany such notice. The council shall also notify the complainant of its receipt of such complaint not later than five days thereafter. Any investigation to determine whether or not there is probable cause that conduct under section 51-51i has occurred shall be confidential and any individual called by the council for the purpose of providing information shall not disclose his knowledge of such investigation to a third party prior to the decision of the council on whether probable cause exists, unless the respondent requests that such investigation and disclosure be open, provided information known or obtained independently of any such investigation shall not be confidential. The judge, administrative law judge or family support magistrate shall have the right to appear and be heard and to offer any information which may tend to clear him of probable cause to believe he is guilty of conduct under section 51-51i. The judge, administrative law judge or family support magistrate shall also have the right to be represented by legal counsel and examine and cross-examine witnesses. In conducting its investigation under this subsection, the council may request that a court furnish to the council a record or transcript of court proceedings, including records and transcripts of juvenile matters pursuant to section 46b-124 and records and transcripts of cases involving youthful offenders pursuant to section 54-76l, made or prepared by a court reporter, assistant court reporter or monitor and the court shall, upon such request, furnish such record or transcript.

(b) The Judicial Review Council shall, not later than three business days after the termination of such investigation, notify the complainant, if any, and the judge, administrative law judge or family support magistrate that the investigation has been terminated and the results thereof. If the council finds that conduct under section 51-51i has not occurred, but the judge, administrative law 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 council may issue an admonishment to the judge, administrative law judge or family support magistrate recommending a change in judicial or magisterial conduct or practice. If an admonishment is issued, the council shall (1) notify the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary that an admonishment was issued and provide said committee with the substance of the admonishment, including copies of the complaint file, and (2) inform the complainant, if any, that an admonishment was issued if the admonishment is the result of misconduct alleged in the complaint. Except as provided in subdivision (1) of this subsection, the substance of the admonishment shall not be disclosed to any person or organization.

(c) If a preliminary investigation indicates that probable cause exists that the judge, administrative law judge or family support magistrate is guilty of conduct under section 51-51i, the council shall hold a hearing concerning the conduct or complaint. All hearings held pursuant to this subsection shall be open. A judge, an administrative law judge or a family support magistrate appearing before such a hearing shall be entitled to counsel, to present evidence and to cross-examine witnesses. The council shall make a record of all proceedings pursuant to this subsection. The council shall not later than thirty days after the close of such hearing publish its findings together with a memorandum of its reasons therefor.

(d) No complaint against a judge, an administrative law judge or a family support magistrate alleging conduct under section 51-51i shall be brought under this section but within one year from the date the alleged conduct occurred or was discovered or in the exercise of reasonable care should have been discovered, except that no such complaint may be brought more than three years from the date the alleged conduct occurred.

(e) On and after December 19, 1991, any judge, administrative law judge or family support magistrate who has been the subject of an investigation by the Judicial Review Council as a result of a complaint brought before such council may request that such complaint, investigation and the disposition of such complaint be open to public inspection.

(f) Whenever a complaint against a judge, an administrative law judge or a family support magistrate is pending before the Judicial Review Council within the final year of the term of office of such judge, administrative law judge or family support magistrate, the Judicial Review Council shall designate such complaint as privileged and shall conduct an expedited investigation and hearing so that its duties with respect to such complaint are completed in sufficient time to enable the Judicial Review Council to make its recommendation concerning any such judge to the Judicial Selection Commission and the Governor under section 51-51q in a timely manner.

(P.A. 77-494, S. 6, 18; P.A. 82-248, S. 40; 82-338, S. 5; P.A. 86-402, S. 4, 13; P.A. 89-360, S. 32, 45; P.A. 91-22; Nov. Sp. Sess. P.A. 91-5, S. 1, 3; P.A. 92-160, S. 3, 19; May Sp. Sess. P.A. 92-11, S. 44, 70; P.A. 96-79, S. 2; P.A. 97-132, S. 4; P.A. 05-114, S. 1; June 12 Sp. Sess. P.A. 12-2, S. 86; P.A. 17-60, S. 13; P.A. 21-18, S. 1; 21-104, S. 39.)

History: P.A. 82-248 rephrased section, divided section into Subsecs. and deleted reference to Sec. 1-20; P.A. 82-338 added provision requiring investigation of every written complaint, notification of judge and complainant, confidential preliminary investigation, right of judge to be heard and to be represented by legal counsel, notice of results, issuance of admonishment recommending change in judicial conduct, public hearing upon preliminary finding of probable cause and publication of findings and reasons therefor, deleting provisions which specified that hearings are to be private unless public hearing is requested by judge and which declared that records of council are not public records; P.A. 86-402 amended Subsec. (a) permitting council to initiate investigation of judge if council has reason to believe judicial conduct under Sec. 51-51i has occurred; P.A. 89-360 added references to family support magistrates; P.A. 91-22 amended Subsec. (a) by adding “Except as provided in Subsec. (d)” and added statute of limitations for bringing complaint against judge or family support magistrate under Sec. 51-51i in new Subsec. (d); Nov. Sp. Sess. P.A. 91-5 added Subsec. (e) to permit disclosure of nonidentifying information re complaints received by the council on and after January 1, 1978, to legislative program review and investigations committee and added Subsec. (f) concerning public disclosure of complaint, investigation and disposition upon request of judge or family support magistrate who was the subject of the complaint; P.A. 92-160 added provisions requiring council to initiate investigation if previous complaints indicate pattern of behavior that would lead to reasonable belief of judicial misconduct, prohibiting disclosure of information re investigation prior to probable cause decision and permitting disclosure of information known or obtained independently of investigation and added references to compensation commissioner; May Sp. Sess. P.A. 92-11 made a technical change in Subsec. (a) by replacing “commission” with “council”; P.A. 96-79 amended Subsec. (a) to authorize the council in conducting its investigation to request a court to furnish it with a record or transcript of court proceedings and to require the court to fulfill such request; P.A. 97-132 amended Subsec. (c) by changing “fifteen” to “thirty” days and added new Subsec. (g) re expedited investigation and hearing for complaint against judge, compensation commissioner or family support magistrate pending within final year of term of office; P.A. 05-114 amended Subsec. (b) by adding requirements re notification to General Assembly judiciary committee of issuance of admonishment and providing committee with substance of admonishment and copies of complaint file, by adding exception to disclosure prohibition and inserting “to any person or organization” and by making technical changes; June 12 Sp. Sess. P.A. 12-2 made a technical change in Subsec. (e); P.A. 17-60 amended Subsec. (a) by making a technical change, deleted former Subsec. (e) re disclosure of complaints to the Legislative Program Review and Investigations Committee and redesignated existing Subsecs. (f) and (g) as Subsecs. (e) and (f), effective July 1, 2017; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge” throughout and conforming changes made in Subsecs. (c), (d) and (f), effective October 1, 2021; P.A. 21-104 amended Subsec. (a) by adding provision re records and transcripts of juvenile matters and cases involving youthful offenders, effective June 28, 2021.

Cited. 193 C. 180; 227 C. 784; 240 C. 157.

Cited. 39 CS 176; 42 CS 129.

Sec. 51-51m. Vote of council. Findings to be indexed. (a) The Judicial Review Council may take any action upon a majority vote of its members present and voting, except that twelve members of the Judicial Review Council shall constitute a quorum for any action to publicly censure a judge, an administrative law judge or a family support magistrate, suspend a judge, an administrative law judge or a family support magistrate for any period, refer the matter to the Supreme Court with a recommendation that a judge or family support magistrate be suspended for a period longer than one year or refer the matter to the Supreme Court with a recommendation that a judge or family support magistrate be removed from office or to the Governor with a recommendation that an administrative law judge be removed from office and the concurring vote of seven of such members shall be required.

(b) The council shall make its findings in writing and all such findings shall be compiled and indexed.

(P.A. 77-494, S. 7, 18; P.A. 82-248, S. 41; P.A. 89-360, S. 33, 45; P.A. 92-160, S. 4, 19; P.A. 95-97, S. 2, 3; P.A. 21-18, S. 1.)

History: P.A. 82-248 rephrased section; P.A. 89-360 added reference to family support magistrates; P.A. 92-160 added reference to compensation commissioner, changed number of concurring votes of members necessary for suspension from 6 to 7, required finding to be in writing and compiled and indexed and added Subsec. designators; P.A. 95-97 required quorum of 12 members for votes on public censure, suspension or removal from office and added specific reference to referrals to Supreme Court and to Governor, effective June 5, 1995; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge” and conforming changes were made in Subsec. (a), effective October 1, 2021.

Cited. 193 C. 180; 227 C. 784.

Cited. 42 CS 129.

Sec. 51-51n. Authority of council. (a) The Judicial Review Council may, after a hearing pursuant to subsection (c) of section 51-51l, (1) publicly censure the judge, administrative law judge or family support magistrate, (2) suspend the judge, administrative law judge or family support magistrate for a definite term not to exceed one year, (3) 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, (4) refer the matter to the Supreme Court with a recommendation that the judge or family support magistrate be removed from office or to the Governor with a recommendation that the administrative law judge be removed from office or (5) exonerate the judge, administrative law judge or family support magistrate of all charges.

(b) If public censure is recommended, the chairman shall prepare and forward the censure in writing to the judge, administrative law judge or family support magistrate being censured, the Chief Justice, the Chief Court Administrator and the joint standing committee on judiciary, at least ten days prior to the publication of the censure. The censure shall be a public record as defined in section 1-210. An appeal from the decision of the council for public censure shall automatically stay the publication of the censure.

(c) If the council exonerates a judge, an administrative law judge or a family support magistrate, a copy of the proceedings and report of the council shall be furnished to the judge, administrative law judge or family support magistrate.

(P.A. 77-494, S. 8, 18; P.A. 82-248, S. 42; 82-338, S. 6; P.A. 86-402, S. 5, 13; P.A. 89-360, S. 34, 45; P.A. 92-160, S. 13, 19; P.A. 21-18, S. 1.)

History: P.A. 82-248 reworded section and changed “such” to “the”; P.A. 82-338 eliminated provisions re private censure of judge, added provision permitting council to issue admonishment recommending change in judicial conduct or practice, and eliminated provision to make proceedings and exoneration report public upon written request of the judge; P.A. 86-402 amended Subsec. (a) by deleting provision re issuance of admonishment by council for conduct creating appearance of impropriety or constituting unfavorable judicial practice; P.A. 89-360 added references to family support magistrates; P.A. 92-160 applied provisions to compensation commissioners; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge” throughout and conforming changes made in Subsec. (c), effective October 1, 2021.

Cited. 193 C. 180; 222 C. 799; 240 C. 157.

Cited. 42 CS 129.

Sec. 51-51o. Witnesses to testify. (a) Any person may be compelled, by subpoena signed by competent authority, to appear before the Supreme Court or Judicial Review Council to testify in relation to any complaint brought to or by the court or council against a judge, an administrative law judge or a family support magistrate for conduct alleged in section 51-51i, in relation to any matter referred to the council by the Chief Court Administrator pursuant to section 51-45b, or in relation to any matter before the council pursuant to section 51-49, and may be compelled, by subpoena signed by competent authority, to produce before the court or council, for examination, any books or papers which in the judgment of the court or council or any judges, administrative law judges or family support magistrates under investigation are relevant to the inquiry or investigation. The court or council, while engaged in the discharge of its duties, shall have the same authority over witnesses as is provided in section 51-35 and may commit for contempt for a period no longer than thirty days.

(b) In making any investigation, the court or council may use the services of the Division of State Police within the Department of Emergency Services and Public Protection, the Department of Mental Health and Addiction Services or any other state agency, provided only the court may use the services of the Division of Criminal Justice.

(P.A. 77-494, S. 9, 18; 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 82-248, S. 43; P.A. 86-402, S. 6, 13; P.A. 89-360, S. 35, 45; P.A. 92-160, S. 10, 19; P.A. 95-257, S. 11, 58; P.A. 11-51, S. 134; P.A. 21-18, S. 1; 21-104, S. 40.)

History: P.A. 77-614 and P.A. 78-303 made state police department a division within the department of public safety, effective January 1, 1979; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change; P.A. 86-402 amended Subsec. (a) to authorize the hearing of testimony in relation to matters referred to council by chief court administrator pursuant to Sec. 51-45b; P.A. 89-360 added references to family support magistrates; P.A. 92-160 added references to compensation commissioner and removed authority of judicial review council to use services of division of criminal justice in making any investigation; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subsec. (b), effective July 1, 2011; pursuant to P.A. 21-18, “compensation commissioner” and “compensation commissioners” were changed editorially by the Revisors to “administrative law judge” and “administrative law judges” respectively, and a conforming change was made in Subsec. (a), effective October 1, 2021; P.A. 21-104 amended Subsec. (a) to add provision re any matter before the council pursuant to Sec. 51-49.

Cited. 193 C. 180.

Sec. 51-51p. Suspension of salary during suspension. During the period of suspension from office for conduct described in section 51-51i, all judicial salary provided for in section 51-47 or salary provided for in section 31-277 or 46b-231, as the case may be, including any benefits relating thereto, shall be suspended and time shall not be accrued for any rights in any pension plan. If the suspension from office is overruled by the Supreme Court or the Governor, as the case may be, all salary and benefits and time for vesting of pension rights, which may have been suspended, shall be paid or credited to the judge, administrative law judge or family support magistrate who was suspended.

(P.A. 77-494, S. 10, 18; P.A. 82-248, S. 44; P.A. 89-360, S. 36, 45; P.A. 92-160, S. 14, 19; P.A. 21-18, S. 1.)

History: P.A. 82-248 rephrased first sentence of section; P.A. 89-360 applied provisions to family support magistrates; P.A. 92-160 added reference to Sec. 31-277 and applied provisions to compensation commissioners; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021.

Cited. 193 C. 180.

Sec. 51-51q. Recommendation of council re appointment or reappointment of judge and reappointment of family support magistrate and administrative law judge. Information required to be made available to General Assembly judiciary committee. (a)(1) The Judicial Review Council shall submit its recommendations concerning the nomination for appointment to a different court of any judge or nomination for reappointment of any judge whose term of office is about to expire, including a report of any complaint filed against any such judge and the disposition of any such complaint, and including any investigation of any such judge by the council, to the Governor, to the Judicial Selection Commission and to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, provided the Judicial Selection Commission shall not consider any investigation of the Judicial Review Council which resulted in the exoneration of a judge.

(2) In addition to the information required to be submitted under subdivision (1) of this subsection, the Judicial Review Council shall make all complaint files concerning any such judge available to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary. Notwithstanding any provision of the general statutes, if the disposition of a complaint filed against any such judge involved the issuance of an admonishment to or the public censure or suspension of such judge, (A) no information pertaining to the complaint and the investigation and disposition of such complaint may be removed, redacted or otherwise withheld by the Judicial Review Council prior to making such complaint files available to said committee as required by this subdivision, and (B) the Judicial Review Council shall provide to said committee any information, including, but not limited to, any confidential information, in its possession concerning such judge that may be requested in writing by the cochairpersons of said committee. Such information shall be provided to said committee not later than three business days following the date the request is received by the Judicial Review Council. Any confidential information provided to said committee as required by this subdivision shall not be further disclosed to any person or organization.

(3) If the Judicial Review Council has reason to believe any such judge is guilty of conduct under section 51-51i, material neglect of duty or incompetence in the conduct of his office, it may refuse to recommend such judge for nomination for appointment to a different court or for reappointment. The Judicial Review Council shall not recommend a judge for nomination for appointment to a different court or for reappointment if the council finds such judge has wilfully violated section 51-39a or has been convicted of a felony or of a misdemeanor involving moral turpitude.

(b) The Judicial Review Council shall submit its recommendations concerning the nomination for reappointment of any family support magistrate whose term of office is about to expire, including a report of any investigation of any such family support magistrate by the council, to the Governor and to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary. The Judicial Review Council shall provide information to said committee concerning any complaint filed against such family support magistrate and the investigation and disposition of such complaint, including, but not limited to, confidential information, in the same manner and subject to the same requirements as information provided under subdivisions (1) and (2) of subsection (a) of this section.

(c) The Judicial Review Council shall submit its recommendations concerning the nomination for reappointment of any administrative law judge whose term of office is about to expire, including a report of any investigation of such administrative law judge by the council, to the Governor and to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary. The Judicial Review Council shall provide information to said committee concerning any complaint filed against such administrative law judge and the investigation and disposition of such complaint, including, but not limited to, confidential information, in the same manner and subject to the same requirements as information provided under subdivisions (1) and (2) of subsection (a) of this section.

(d) If a complaint against any such judge, administrative law judge or family support magistrate is received by the Judicial Review Council and the Judicial Review Council is unable to make its findings and complete its duties with respect to such judge, administrative law judge or family support magistrate prior to the expiration of the term of office of such judge, administrative law judge or family support magistrate, the Judicial Review Council shall not refuse to recommend such judge, administrative law judge or family support magistrate for reappointment based on such complaint, but shall report the fact of such complaint to the Governor and to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.

(P.A. 77-494, S. 12, 18; P.A. 85-586, S. 2, 3; P.A. 86-402, S. 7, 12, 13; P.A. 88-259; P.A. 89-238, S. 2, 4; 89-360, S. 37, 45; P.A. 92-160, S. 5, 19; P.A. 97-132, S. 6; P.A. 05-114, S. 2; P.A. 16-211, S. 2; P.A. 21-18, S. 1.)

History: P.A. 85-586 added provision re council's action when it has reason to believe a judge is guilty of misconduct, material neglect of duty or incompetence, effective upon certification by secretary of the state of the vote approving the constitutional amendment re establishment of commission to recommend candidates to governor for nomination as judges; P.A. 86-402 added provisions requiring recommendation to include report of any investigation of judge by council and prohibiting recommendation if council has reason to believe judge is guilty of judicial conduct under Sec. 51-51i and changed effective date of P.A. 85-586, S. 2 to June 9, 1986; P.A. 88-259 replaced prohibition on the council recommending a judge it has reason to believe is guilty of judicial conduct, material neglect of duty or incompetence with provision that it “may refuse to” recommend such judge, and added provision prohibiting recommendation if the council finds the judge has wilfully violated Sec. 51-39a or has been convicted of a felony or a misdemeanor involving moral turpitude; P.A. 89-238 required judicial review council to submit recommendations and investigation reports to the judicial selection commission, provided commission shall not consider investigations which resulted in exoneration of judge; P.A. 89-360 added Subsec. (b) requiring judicial review council to submit recommendations and report of investigation re family support magistrate to the governor; P.A. 92-160 added provisions requiring judicial review council to include any complaint filed against judge and its disposition in its recommendation re appointment or reappointment of judge, make all complaint files available to chairman and ranking members of judiciary committee and submit recommendation re reappointment of compensation commissioner to governor and judiciary committee; P.A. 97-132 added Subsec. (d) re inability of Judicial Review Council to make findings and complete duties re complaint prior to expiration of term of office of judge, compensation commissioner or family support magistrate, prohibition of refusal to recommend such judge, compensation commissioner or family support magistrate based on such complaint and report of such complaint to Governor and judiciary committee; P.A. 05-114 divided Subsec. (a) into Subdivs. (1), (2) and (3), amended Subsec. (a)(1) by replacing provision re report to House and Senate standing committees with provision re report to General Assembly judiciary committee, amended Subsec. (a)(2) by replacing provision re complaint files to be made available to committee chairmen and ranking members with provision re complaint files to be made available to General Assembly judiciary committee and adding requirements re information to be provided to said committee in cases involving admonishment, public censure or suspension of judge, made a technical change in Subsec. (a)(3), amended Subsec. (c) by replacing provision re report to House and Senate standing committees with provision re report to General Assembly judiciary committee and adding requirement re information to be provided to said committee under Subsec. (a)(1) and (2), and made technical changes in Subsec. (d); P.A. 16-211 amended Subsec. (b) by adding provisions re Judicial Review Council to submit recommendations re nomination for reappointment of any family support magistrate to judiciary committee and to provide committee with information re complaints filed against family support magistrate, effective January 1, 2017; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge” in Subsecs. (c) and (d), effective October 1, 2021.

Cited. 193 C. 180; 240 C. 157.

Sec. 51-51r. Appeal. Any judge, administrative law judge or family support magistrate aggrieved by any decision of the Judicial Review Council may appeal the decision to the Supreme Court in accordance with such procedure for the appeal as the Supreme Court shall adopt by rule.

(P.A. 77-494, S. 13, 18; P.A. 82-248, S. 45; P.A. 89-360, S. 38, 45; P.A. 09-69, S. 1; P.A. 21-18, S. 1.)

History: P.A. 82-248 changed “such” to “the” and “said” to “the supreme”; P.A. 89-360 applied provisions to family support magistrates; P.A. 09-69 applied provisions to compensation commissioners, effective May 27, 2009; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021.

Cited. 193 C. 180; 227 C. 784; 240 C. 157.

Sec. 51-51s. Disqualification of judge, administrative law judge or family support magistrate. A judge, an administrative law judge or a family support magistrate is disqualified from acting as a judge, an administrative law judge or a family support magistrate, as the case may be, while there is pending (1) a charge against him for a crime punishable as a felony under the laws of this state or federal law, or a charge against him in another jurisdiction which would be punishable as a felony under Connecticut or federal law, or (2) a charge against him for a crime under the law of any jurisdiction which involves moral turpitude under Connecticut law, or (3) a recommendation to the Supreme Court or the Governor, as the case may be, by the Judicial Review Council for his suspension or removal.

(P.A. 77-494, S. 14, 18; P.A. 89-360, S. 39, 45; P.A. 92-160, S. 15, 19; P.A. 93-435, S. 20, 95; P.A. 21-18, S. 1.)

History: P.A. 89-360 applied provisions to family support magistrates; P.A. 92-160 added provisions re compensation commissioners; P.A. 93-435 made a technical change, effective June 28, 1993; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge” and conforming changes were made, effective October 1, 2021.

Cited. 193 C. 180.

Sec. 51-51t. Compensation of members. (a) Members of the Judicial Review Council shall not receive compensation for their services but shall be reimbursed for reasonable expenses actually incurred in the performance of their duties as members.

(b) The council may apply for and receive grants from private sources and the federal government.

(P.A. 77-494, S. 15, 18; P.A. 82-248, S. 46.)

History: P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change.

Cited. 193 C. 180.

Sec. 51-51u. Jurisdiction over complaints filed with council previously established. The council established under section 51-51k shall have the power to hear and decide complaints filed with, but not finally determined by, the Judicial Review Council established under sections 51-51a to 51-51f, inclusive, of the general statutes, revision of 1958, revised to 1977, and may hear and decide complaints received on or after January 1, 1978, notwithstanding that the act complained of occurred prior to that date.

(P.A. 77-494, S. 16, 18; P.A. 78-377, S. 2; 78-379, S. 25, 27; P.A. 82-248, S. 47.)

History: P.A. 78-377 changed effective date of Sec. 25 of P.A. 78-379 from July 1, 1978, to January 1, 1979; P.A. 78-379 amended section to replace former judicial review council with reconstituted council; P.A. 82-248 deleted language re transfer of records and funds from judicial review council terminated on January 1, 1978.

Cited. 193 C. 180.