Sec. 51-39. Disqualification by relationship or interest. Judge or family support magistrate may act with consent of parties.
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.