Sec. 51-44a. Judicial Selection Commission. Members. Duties. Nomination of judges by Governor.
Sec. 51-44a. Judicial Selection Commission. Members. Duties. Nomination of
judges by Governor. (a) There is established a Judicial Selection Commission comprised of twelve members. Six of the members shall be attorneys-at-law and six of the
members shall not be attorneys-at-law. Not more than six of the members shall belong
to the same political party. None of the members shall be an elected or appointed official
of the state or hold state-wide office in a political party.
(b) The members of the commission shall be appointed as follows: The Governor
shall appoint six members, one from each congressional district and one at-large member, three of whom shall be attorneys-at-law and three of whom shall not be attorneys-at-law; the president pro tempore of the Senate shall appoint one member who shall be
an attorney-at-law; the speaker of the House of Representatives shall appoint one member who shall not be an attorney-at-law; the majority leader of the Senate shall appoint
one member who shall not be an attorney-at-law; the majority leader of the House of
Representatives shall appoint one member who shall be an attorney-at-law; the minority
leader of the Senate shall appoint one member who shall not be an attorney-at-law; and
the minority leader of the House of Representatives shall appoint one member who shall
be an attorney-at-law.
(c) The members of the commission shall elect a chairperson from among the members appointed by the Governor.
(d) (1) The members of the commission shall serve for terms of three years.
(2) Members appointed on or after June 26, 2003, shall serve for terms of three
years and, notwithstanding the provisions of section 4-1, until their successors are appointed and have qualified or ninety days after the completion of their terms, whichever
is earlier.
(3) Members serving on June 26, 2003, shall continue to serve as members until
the end of their terms and, notwithstanding the provisions of section 4-1, until their
successors are appointed and have qualified or ninety days after the completion of their
terms, whichever is earlier, except that members serving on June 26, 2003, who have
completed their terms and are serving until their successors are appointed and have
qualified shall, notwithstanding the provisions of section 4-1, continue to serve until
their successors are appointed and have qualified, but not later than January 1, 2004.
(4) Any vacancy in the membership of the commission shall be filled for the unexpired portion of the term by the appointing authority. The members of the commission
shall receive no compensation for their services but shall be reimbursed for any necessary
expenses incurred in the performance of their duties.
(5) No member of the commission may serve consecutive terms, except that if, on
or after June 26, 2003, a person is appointed a member of the commission to fill a
vacancy and complete an unexpired term, such person may serve an additional term. If
a commission member is an attorney, no member of the commission member's firm
may serve a term consecutive to such commission member.
(e) The commission shall evaluate incumbent judges who seek reappointment to the
same court and shall forward to the Governor for consideration the names of incumbent
judges who are recommended for reappointment as provided in this subsection. The
commission shall adopt regulations in accordance with the provisions of chapter 54
concerning criteria by which to evaluate incumbent judges who seek reappointment to
the same court; provided pending adoption of such regulations, the commission shall
use criteria established prior to June 22, 1989, for the evaluation of such judges. In
evaluating the reappointment of an incumbent judge, the commission shall consider the
legal ability, competence, integrity, character and temperament of such judge and any
other relevant information concerning such judge. There shall be a presumption that
each incumbent judge who seeks reappointment to the same court qualifies for retention
in judicial office. The burden of rebutting such presumption shall be on the commission.
The commission shall investigate and interview each incumbent judge who seeks reappointment and, prior to the expiration of a term of office of such judge, shall recommend
such incumbent judge for nomination for reappointment by the Governor to the same
court unless, as provided in this subsection, recommendation of such judge is denied.
If a preliminary examination indicates further inquiry is necessary before a recommendation of reappointment may be made, the commission shall hold a hearing concerning
the reappointment of such judge. The commission shall send notice to the judge by
certified or registered mail, return receipt requested, not less than one hundred eighty
days prior to the convening of such legislative session which is to consider the reappointment of the incumbent judge, (A) that a hearing by the commission on such reappointment shall be held and of the time, date and place of such hearing, which shall be
not less than thirty days nor more than forty-five days after the date of such notice and
(B) of specific claims made against the judge. The commission shall make a record of
all hearings conducted pursuant to this subsection. The hearing may be open to the
public at the request of the judge. For purposes of conducting a hearing under this
subsection, not less than ten members of the commission shall be present and voting.
A judge appearing before such a hearing shall be entitled to counsel, to present evidence
and to cross-examine witnesses who appear voluntarily. No judge shall be required to
sign or execute any release in order to proceed with the hearing. The commission shall
not later than twenty days after the close of such hearing render its decision whether
it shall recommend such incumbent judge for nomination for reappointment by the
Governor. Any affirmative vote of a majority plus one of the members present and
voting shall be required to deny recommendation to the Governor for nomination of
an incumbent judge to the same court. A judge who has not received approval by the
commission may within ten days after receipt of the notice of decision, which shall
include a record of the numerical vote, request a rehearing on the grounds that the
conclusions of the commission are contrary to the evidence presented at the hearing or
the commission failed to comply with the procedural or substantive requirements of this
section. The decision of the commission shall be final. There shall be no right of appeal
by any judge appearing before the commission, at law or in equity, or any resort to any
court following the decision of the commission.
(f) Except as provided in subsection (e) of this section, the commission shall seek
qualified candidates for consideration by the Governor for nomination as judges for
the Superior Court, Appellate Court and Supreme Court. The commission shall adopt
regulations, in accordance with the provisions of chapter 54, concerning criteria by
which to evaluate the qualifications of candidates, including incumbent judges who seek
appointment to a different court. The commission shall investigate and interview the
candidates, including incumbent judges seeking appointment to a different court. A list
of such qualified candidates shall be compiled by the commission.
(g) In connection with any inquiry concerning the reappointment of an incumbent
judge, the commission shall have the power to issue subpoenas requiring the attendance
of witnesses and the production of any books or papers which in the judgment of the
commission are relevant to the inquiry. The commission may, upon request of the judge
whose reappointment is at issue, issue a subpoena on behalf of such judge. If any person
disobeys such process or, having appeared in obedience thereto refuses to answer any
pertinent question put to him by the commission, or to produce any books and papers
pursuant thereto, the commission, on its own behalf or on behalf of the judge, may apply
to the superior court for the judicial district of Hartford setting forth such disobedience
to process or refusal to answer, and said court may cite such person to appear before
said court to answer such question or to produce such books and papers and, upon his
refusal so to do shall commit him to a community correctional center, there to remain
until he so testifies.
(h) (1) Judges of all courts, except those courts to which judges are elected, shall
be nominated by the Governor exclusively from the list of candidates or incumbent
judges submitted by the Judicial Selection Commission. Any candidate or incumbent
judge who is nominated from such list by the Governor to be Chief Justice of the Supreme
Court, and who is appointed Chief Justice by the General Assembly, shall serve a term
of eight years from the date of appointment. The Governor shall nominate a candidate
for a vacancy in a judicial position within forty-five days of the date the Governor
receives the recommendations of the commission. When considering the nomination
of an incumbent judge for reappointment to the same court, the Governor may nominate
the incumbent judge if the commission did not deny recommendation for reappointment.
Whenever an incumbent judge is denied recommendation for reappointment to the same
court by the commission or is recommended by the commission but not nominated by
the Governor for reappointment to the same court, or whenever a vacancy in a judicial
position occurs or is anticipated, the Governor shall choose a nominee from the list of
candidates compiled pursuant to subsection (f) of this section. (2) Notwithstanding the
provisions of subdivision (1) of this subsection and subsection (f) of this section, the
Governor may nominate an associate judge of the Supreme Court to be Chief Justice
of the Supreme Court without such judge being investigated and interviewed by the
commission and being on the list of qualified candidates compiled and submitted to the
Governor by the commission. An associate judge of the Supreme Court who has been
nominated by the Governor to be Chief Justice of the Supreme Court in accordance with
this subdivision, and who is appointed Chief Justice by the General Assembly, shall
serve an initial term as Chief Justice equal to the remainder of such judge's term as an
associate judge of the Supreme Court.
(i) A majority of the membership of the commission shall constitute a quorum. The
affirmative vote of at least a majority of the members of the commission present and
voting shall be required for any action by the commission except (1) an affirmative vote
of at least a majority plus one of the members present and voting shall be required for
a new nominee to be recommended to the Governor for nomination as a judge or for an
incumbent judge to be recommended to the Governor for nomination as a judge to a
different court and (2) an affirmative vote of a majority plus one of the members present
and voting shall be required to deny recommendation to the Governor for nomination
of an incumbent judge to the same court. No vote of the commission on a new nominee
shall be by secret ballot. The vote of the commission on an incumbent judge may be by
secret ballot.
(j) Except as provided in subsections (e) and (m) of this section, the investigations,
deliberations, files and records of the commission shall be confidential and not open to
the public or subject to disclosure except that the criteria by which candidates or incumbent judges who seek reappointment to the same court or appointment to a different
court are evaluated and the procedural rules adopted by the commission shall be public.
(k) The commission may employ such staff as is necessary for the performance of
its functions and duties.
(l) No member of the commission who is an attorney-at-law shall be considered for
recommendation to the Governor for nomination as a judge during his tenure on the
commission or for a period of two years following the termination of his tenure on the
commission.
(m) In January of each year, the chairperson of the commission shall report to the
joint standing committee on judiciary the following information: (1) The number of
candidates interviewed for appointment as new nominees, the number of incumbent
judges interviewed for reappointment to the same court and the number of incumbent
judges interviewed for appointment to a different court, (2) the number of candidates
who were recommended and denied recommendation to the Governor as new nominees,
the number of incumbent judges recommended and denied recommendation for appointment to the same court and the number of incumbent judges recommended and denied
recommendation for appointment to a different court, and (3) the statistics regarding
the race, gender, national origin, religion and years of experience as members of the bar
of all such candidates.
(n) The commission shall have the power to enter into such contractual agreements
as may be necessary for the discharge of its duties concerning the investigation of candidates seeking appointment to a judicial position and incumbent judges seeking reappointment to the same court or appointment to a different court, within the limits of
appropriated funds and in accordance with established procedures.
(P.A. 85-586, S. 1, 3; P.A. 88-230, S. 1, 12; P.A. 89-238, S. 1, 4; P.A. 90-98, S. 1, 2; May Sp. Sess. P.A. 92-11, S. 42,
70; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-267, S. 2, 3; P.A. 00-109; 00-191, S. 12, 16; P.A. 01-195, S. 52,
181; P.A. 03-170, S. 1; P.A. 05-288, S. 171.)
History: P.A. 85-586 effective November 19, 1986, upon certification by the secretary of the state of the vote approving
the constitutional amendment concerning the establishment of the commission. (See Volume 1, Article XXV of the Amendments to the Constitution of the State of Connecticut, for further information); P.A. 89-238 revised section re appointment
and terms of members, evaluation, investigation and interview of incumbent judges who seek appointment to the same
court, regulations re criteria by which to evaluate qualifications of judicial candidates, including incumbent judges, subpoena power of commission, nomination of incumbent judges, vote necessary for recommendation for nomination by
commission or for denial of recommendation, and statistical report to judiciary committee re judicial candidates (Revisor's
note: P.A. 88-230 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain"
in the public and special acts of 1989, effective September 1, 1991); P.A. 90-98 changed the effective date of P.A. 88-230
from September 1, 1991, to September 1, 1993; May Sp. Sess. P.A. 92-11 made a technical change in Subsec. (g); P.A.
93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993;
P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1,
1995; P.A. 99-267 added Subsec. (h)(2) permitting the Governor to nominate an associate judge of the Supreme Court to
be Chief Justice of the Supreme Court without investigation or interview of such judge by the commission or being on list
of qualified candidates compiled by the commission and submitted to the Governor, effective July 8, 1999; P.A. 00-109
added Subsec. (n) to authorize the commission to enter into contractual agreements for the discharge of its duties concerning
the investigation of judicial candidates; P.A. 00-191 amended Subsec. (h) by adding provisions that any candidate or
incumbent judge who is nominated and appointed Chief Justice shall serve for a term of eight years from date of appointment
and that an associate judge of the Supreme Court who is nominated and appointed Chief Justice shall serve an initial term
as Chief Justice equal to the remainder of such judge's term as associate judge, effective May 26, 2000; P.A. 01-195 made
a technical change in Subsec. (h) for purposes of gender neutrality, effective July 11, 2001; P.A. 03-170 amended Subsec.
(a) by replacing provision re appointment of two persons from each congressional district, one of whom shall be an attorney-at-law and one of whom shall not be an attorney-at-law, with provision re six of the members shall be attorneys-at-law
and six of the members shall not be attorneys-at-law, amended Subsec. (b) by replacing former provisions with new
provisions re appointment of members, amended Subsec. (c) by making a technical change, and amended Subsec. (d) by
replacing former Subdivs. (1) and (2) with new Subdivs. (1), (2) and (3) re terms of members, redesignating existing
Subdiv. (3) as Subdivs. (4) and (5), replacing therein exception for provisions of Subdivs. (1) and (2) re serving consecutive
terms with exception for person appointed to fill a vacancy and complete an unexpired term re serving an additional term,
and making technical changes, effective June 26, 2003; P.A. 05-288 made technical changes in Subsec. (f), effective July
13, 2005.