Sec. 51-197c. Appellate Court; judges, appointment, terms, Chief Judge.
Sec. 51-197c. Appellate Court; judges, appointment, terms, Chief Judge. (a)
The Appellate Court shall consist of nine judges, except as provided in subsection (b)
of this section, who shall also be judges of the Superior Court, and who shall be appointed
by the General Assembly, upon nomination of the Governor for a term of eight years.
The judges shall sit in panels of three, or en banc, pursuant to rules adopted by the
Appellate Court. The Chief Justice shall designate one of these judges as Chief Judge
of the Appellate Court.
(b) If a judge of the Appellate Court (1) is appointed the Chief Court Administrator,
or (2) on July 1, 2001, is serving as the Chief Court Administrator, the Appellate Court
shall consist of ten judges for the remainder of said judge's current term on the Appellate
Court, or until his or her retirement from full-time active service, whichever occurs first.
The tenth judge shall also be a judge of the Superior Court and shall be appointed by
the General Assembly upon nomination of the Governor for a term of eight years.
(c) With the approval of the Chief Justice, the Chief Judge shall (1) schedule such
sessions as may be necessary, at such locations as the facilitation of court business
requires, (2) designate as many panels as may be necessary, each consisting of three
judges assigned by the Chief Judge, and (3) designate a presiding judge for each panel
on which the Chief Judge does not sit.
(d) Every judge of the Superior Court shall, by virtue of appointment to the Superior
Court, be qualified to serve as a judge on the Appellate Court.
(e) Each of the parties in any case shall have a right to be heard by a full panel. The
Chief Judge, with the approval of the Chief Justice, may summon one or more of the
judges of the Superior Court to constitute a full panel.
(f) The judges of the Appellate Court shall be released from sitting on the Superior
Court, except that the Chief Justice may assign any such judge to sit on the Superior
Court whenever in the Chief Justice's judgment the public business may require it.
(g) If the Chief Court Administrator is a judge of the Appellate Court, said Chief
Court Administrator shall be released from sitting on the Appellate Court, except that
the Chief Justice may assign the Chief Court Administrator to sit on the Appellate Court
whenever, in the Chief Justice's judgment, the public business may require it.
(h) Each Chief Judge or judge of the Appellate Court who elects to retain such
judge's office but to retire from full-time active service shall continue to be a member
of the Appellate Court during the remainder of such judge's term of office and during
the term of any reappointment under section 51-50i, until such judge attains the age of
seventy years. Such judge shall be entitled to participate in the meetings of the judges
of the Appellate Court and to vote as a member thereof.
(i) In each appeal to the Appellate Court, the party appealing shall pay a record fee
as prescribed in section 52-259, at such time as is fixed by rule of court, which amount
shall be taxed in favor of the appellant if judgment is finally rendered in such appellant's
favor.
(P.A. 77-347, S. 1, 2, 11; P.A. 79-195, S. 1, 2; P.A. 81-416, S. 1, 5; P.A. 82-248, S. 99; June Sp. Sess. P.A. 83-29, S.
5, 82; P.A. 85-451, S. 2, 4; P.A. 87-198, S. 4, 6; 87-508, S. 2, 10; June Sp. Sess. P.A. 01-9, S. 64, 131.)
History: P.A. 77-347 effective July 1, 1978, through June 30, 1979; P.A. 79-195 extended closing date for appellate
sessions of superior court from June 30, 1979, to June 30, 1981; P.A. 81-416 amended Subsec. (a) by extending the
expiration date of the appellate sessions from June 30, 1981, to June 30, 1983; P.A. 82-248 made technical revision,
rewording some provisions and dividing section into Subsecs. but made no substantive change; June Sp. Sess. P.A. 83-29
deleted provisions re appellate session and substituted provisions re appellate court; P.A. 85-451 increased number of
appellate court judges from five to six; P.A. 87-198 substituted "chief judge" for "chief presiding judge" and added Subsec.
permitting chief judge of appellate court who elects to retire from full-time active service to continue to be member of
court during remainder of term or any term of reappointment until age of 70 and is entitled to participate in meetings and
vote as a member thereof; P.A. 87-508 increased number of appellate court judges from six to nine; June Sp. Sess. P.A.
01-9 amended Subsec. (a) to add exception re number of judges, added new Subsec. (b) re appointment of a tenth judge
when one of the judges is the Chief Court Administrator, redesignated former Subsecs. (b), (c), (d) and (e) as Subsecs. (c),
(d), (e) and (f), added new Subsec. (g) re the sitting on the Appellate Court by a judge who is the Chief Court Administrator,
redesignated former Subsecs. (f) and (g) as Subsecs. (h) and (i), and made technical changes for purposes of gender neutrality
in redesignated Subsecs. (c), (d), (f), (h) and (i), effective July 1, 2001.