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General Assembly Raised Bill No. 7041
January Session, 2025
LCO No. 5101
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE COMPOSITION OF THE JUDICIAL
SELECTION COMMISSION AND DECISIONS RENDERED BY SAID
COMMISSION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 51-44a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2025): 2
(a) There is established a Judicial Selection Commission, within the 3
Office of Governmental Accountability established under section 1-300. 4
[Said] (1) Until December 31, 2025, the commission shall be comprised 5
of twelve members. Six of the members shall be attorneys-at-law and six 6
of the members shall not be attorneys-at-law. Not more than six of the 7
members shall belong to the same political party. None of the members 8
shall be an elected or appointed official of the state or hold state-wide 9
office in a political party. (2) On and after January 1, 2026, the 10
commission shall be comprised of twelve members, appointed in 11
accordance with the provisions of subdivision (2) of subsection (b) of 12
this section. Eight of the members shall be attorneys-at-law and four of 13
the members shall not be attorneys-at-law. Not more than six of the 14
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members shall belong to the same political party. None of the members 15
shall otherwise be an elected or appointed official of the state or hold 16
state-wide office in a political party. 17
(b) The members of the commission shall be appointed as follows: 18
[The] (1) Until December 31, 2025, the Governor shall appoint six 19
members, one from each congressional district and one at-large 20
member, three of whom shall be attorneys-at-law and three of whom 21
shall not be attorneys-at-law; the president pro tempore of the Senate 22
shall appoint one member who shall be an attorney-at-law; the speaker 23
of the House of Representatives shall appoint one member who shall 24
not be an attorney-at-law; the majority leader of the Senate shall appoint 25
one member who shall not be an attorney-at-law; the majority leader of 26
the House of Representatives shall appoint one member who shall be an 27
attorney-at-law; the minority leader of the Senate shall appoint one 28
member who shall not be an attorney-at-law; and the minority leader of 29
the House of Representatives shall appoint one member who shall be an 30
attorney-at-law. (2) On and after January 1, 2026, (A) the Governor shall 31
appoint six members, one from each congressional district and one at-32
large member, two of whom shall be attorneys-at-law who have 33
engaged in the practice of law in this state for not less than ten years and 34
four of whom shall not be attorneys-at-law; (B) the president pro 35
tempore of the Senate shall appoint one member who shall be an 36
attorney-at-law who has engaged in the practice of law in this state for 37
not less than ten years; (C) the speaker of the House of Representatives 38
shall appoint one member who shall be an attorney-at-law who has 39
engaged in the practice of law in this state for not less than ten years; (D) 40
the majority leader of the Senate shall appoint one member who shall be 41
an attorney-at-law who has engaged in the practice of law in this state 42
for not less than ten years; (E) the majority leader of the House of 43
Representatives shall appoint one member who shall be an attorney-at-44
law who has engaged in the practice of law in this state for not less than 45
ten years; (F) the minority leader of the Senate shall appoint one member 46
who shall be an attorney-at-law who has engaged in the practice of law 47
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in this state for not less than ten years; and (G) the minority leader of the 48
House of Representatives shall appoint one member who shall be an 49
attorney-at-law who has engaged in the practice of law in this state for 50
not less than ten years. 51
(c) The members of the commission shall elect a chairperson from 52
among the members appointed by the Governor. 53
(d) (1) The members of the commission shall serve for terms of three 54
years. 55
(2) Members [appointed on or after June 26, 2003,] shall serve for 56
terms of three years and, notwithstanding the provisions of section 4-1, 57
until their successors are appointed and have qualified or ninety days 58
after the completion of their terms, whichever is earlier. The term of any 59
member appointed pursuant to subdivision (1) of subsection (b) of this 60
section shall end on December 31, 2025. Notwithstanding the provisions 61
of subdivision (4) of this subsection, a member serving on the 62
commission on December 31, 2025, who meets the requirements 63
prescribed in subsection (b) of this section, may be reappointed to the 64
commission for an additional consecutive term. Such additional 65
consecutive term shall end three years following the date of such 66
member's original appointment pursuant to subdivision (1) of 67
subsection (b) of this section. 68
[(3) Members serving on June 26, 2003, shall continue to serve as 69
members until the end of their terms and, notwithstanding the 70
provisions of section 4-1, until their successors are appointed and have 71
qualified or ninety days after the completion of their terms, whichever 72
is earlier, except that members serving on June 26, 2003, who have 73
completed their terms and are serving until their successors are 74
appointed and have qualified shall, notwithstanding the provisions of 75
section 4-1, continue to serve until their successors are appointed and 76
have qualified, but not later than January 1, 2004.] 77
[(4)] (3) Any vacancy in the membership of the commission shall be 78
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filled for the unexpired portion of the term by the appointing authority. 79
The members of the commission shall receive no compensation for their 80
services but shall be reimbursed for any necessary expenses incurred in 81
the performance of their duties. 82
[(5)] (4) No member of the commission may serve consecutive terms, 83
except that, if [, on or after June 26, 2003,] a person is appointed a 84
member of the commission to fill a vacancy and complete an unexpired 85
term, such person may serve an additional term. If a commission 86
member is an attorney, no member of the commission member's firm 87
may serve a term consecutive to such commission member. 88
(e) The commission shall evaluate incumbent judges who seek 89
reappointment to the same court and shall forward to the Governor for 90
consideration the names of incumbent judges who are recommended 91
for reappointment as provided in this subsection. The commission shall 92
adopt regulations in accordance with the provisions of chapter 54 93
concerning criteria by which to evaluate incumbent judges who seek 94
reappointment to the same court; provided pending adoption of such 95
regulations, the commission shall use criteria established prior to June 96
22, 1989, for the evaluation of such judges. In evaluating the 97
reappointment of an incumbent judge, the commission shall consider 98
the legal ability, competence, integrity, character and temperament of 99
such judge and any other relevant information concerning such judge. 100
There shall be a presumption that each incumbent judge who seeks 101
reappointment to the same court qualifies for retention in judicial office. 102
The burden of rebutting such presumption shall be on the commission. 103
The commission shall investigate and interview each incumbent judge 104
who seeks reappointment and, prior to the expiration of a term of office 105
of such judge, shall recommend such incumbent judge for nomination 106
for reappointment by the Governor to the same court unless, as 107
provided in this subsection, recommendation of such judge is denied. If 108
a preliminary examination indicates further inquiry is necessary before 109
a recommendation of reappointment may be made, the commission 110
shall hold a hearing concerning the reappointment of such judge. The 111
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commission shall send notice to the judge by certified or registered mail, 112
return receipt requested, not less than one hundred eighty days prior to 113
the convening of such legislative session which is to consider the 114
reappointment of the incumbent judge, [(A)] (1) that a hearing by the 115
commission on such reappointment shall be held and of the time, date 116
and place of such hearing, which shall be not less than thirty days nor 117
more than forty-five days after the date of such notice and [(B)] (2) of 118
specific claims made against the judge. The commission shall make a 119
record of all hearings conducted pursuant to this subsection. The 120
hearing may be open to the public at the request of the judge. For 121
purposes of conducting a hearing under this subsection, not less than 122
ten members of the commission shall be present and voting. A judge 123
appearing before such a hearing shall be entitled to counsel, to present 124
evidence and to cross-examine witnesses who appear voluntarily. No 125
judge shall be required to sign or execute any release in order to proceed 126
with the hearing. The commission shall not later than twenty days after 127
the close of such hearing render its decision whether it shall recommend 128
such incumbent judge for nomination for reappointment by the 129
Governor. Any affirmative vote of a majority plus one of the members 130
present and voting shall be required to deny recommendation to the 131
Governor for nomination of an incumbent judge to the same court. A 132
judge who has not received approval by the commission may within ten 133
days after receipt of the notice of decision, which shall include a record 134
of the numerical vote, request a rehearing on the grounds that the 135
conclusions of the commission are contrary to the evidence presented at 136
the hearing or the commission failed to comply with the procedural or 137
substantive requirements of this section. The decision of the commission 138
following a rehearing shall be final. There shall be no right of appeal by 139
any judge appearing before the commission, at law or in equity, or any 140
resort to any court following the decision of the commission. 141
(f) Except as provided in subsection (e) of this section, the commission 142
shall seek qualified candidates for consideration by the Governor for 143
nomination as judges for the Superior Court, Appellate Court and 144
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Supreme Court. The commission shall adopt regulations, in accordance 145
with the provisions of chapter 54, concerning criteria by which to 146
evaluate the qualifications of candidates, including incumbent judges 147
who seek appointment to a different court. The commission shall 148
investigate and interview the candidates, including incumbent judges 149
seeking appointment to a different court. A list of such qualified 150
candidates shall be compiled by the commission. No candidate shall 151
remain on the list of qualified candidates for more than ten years. A 152
decision of the commission denying a recommendation to a candidate 153
or judge shall include a brief summary that informs the candidate or 154
judge of the reasons for the denial. The form and manner of such 155
statement shall be determined by the commission. 156
(g) In connection with any inquiry concerning the reappointment of 157
an incumbent judge, the commission shall have the power to issue 158
subpoenas requiring the attendance of witnesses and the production of 159
any books or papers which in the judgment of the commission are 160
relevant to the inquiry. The commission may, upon request of the judge 161
whose reappointment is at issue, issue a subpoena on behalf of such 162
judge. If any person disobeys such process or, having appeared in 163
obedience thereto refuses to answer any pertinent question put to [him] 164
such person by the commission, or to produce any books and papers 165
pursuant thereto, the commission, on its own behalf or on behalf of the 166
judge, may apply to the superior court for the judicial district of 167
Hartford setting forth such disobedience to process or refusal to answer, 168
and said court may cite such person to appear before said court to 169
answer such question or to produce such books and papers and, upon 170
[his] refusal so to do shall commit [him] such person to a community 171
correctional center, there to remain until [he] such person so testifies. 172
(h) (1) Judges of all courts, except those courts to which judges are 173
elected, shall be nominated by the Governor exclusively from the list of 174
candidates or incumbent judges submitted by the Judicial Selection 175
Commission. Any candidate or incumbent judge who is nominated 176
from such list by the Governor to be Chief Justice of the Supreme Court, 177
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and who is appointed Chief Justice by the General Assembly, shall serve 178
a term of eight years from the date of appointment. The Governor shall 179
nominate a candidate for a vacancy in a judicial position within forty-180
five days of the date the Governor receives the recommendations of the 181
commission. When considering the nomination of an incumbent judge 182
for reappointment to the same court, the Governor may nominate the 183
incumbent judge if the commission did not deny recommendation for 184
reappointment. Whenever an incumbent judge is denied 185
recommendation for reappointment to the same court by the 186
commission or is recommended by the commission but not nominated 187
by the Governor for reappointment to the same court, or whenever a 188
vacancy in a judicial position occurs or is anticipated, the Governor shall 189
choose a nominee from the list of candidates compiled pursuant to 190
subsection (f) of this section. (2) Notwithstanding the provisions of 191
subdivision (1) of this subsection and subsection (f) of this section, the 192
Governor may nominate an associate judge of the Supreme Court to be 193
Chief Justice of the Supreme Court without such judge being 194
investigated and interviewed by the commission and being on the list of 195
qualified candidates compiled and submitted to the Governor by the 196
commission. An associate judge of the Supreme Court who has been 197
nominated by the Governor to be Chief Justice of the Supreme Court in 198
accordance with this subdivision, and who is appointed Chief Justice by 199
the General Assembly, shall serve an initial term as Chief Justice equal 200
to the remainder of such judge's term as an associate judge of the 201
Supreme Court. 202
(i) A majority of the membership of the commission shall constitute a 203
quorum. The affirmative vote of at least a majority of the members of 204
the commission present and voting shall be required for any action by 205
the commission except (1) an affirmative vote of at least a majority plus 206
one of the members present and voting shall be required for a new 207
nominee to be recommended to the Governor for nomination as a judge 208
or for an incumbent judge to be recommended to the Governor for 209
nomination as a judge to a different court and (2) an affirmative vote of 210
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a majority plus one of the members present and voting shall be required 211
to deny recommendation to the Governor for nomination of an 212
incumbent judge to the same court. No vote of the commission on a new 213
nominee shall be by secret ballot. The vote of the commission on an 214
incumbent judge may be by secret ballot. 215
(j) Except as provided in subsections (e), (f) and (m) of this section, 216
the investigations, deliberations, files and records of the commission 217
shall be confidential and not open to the public or subject to disclosure 218
except that the criteria by which candidates or incumbent judges who 219
seek reappointment to the same court or appointment to a different 220
court are evaluated and the procedural rules adopted by the 221
commission shall be public. 222
(k) The commission may employ such staff as is necessary for the 223
performance of its functions and duties. 224
(l) No member of the commission who is an attorney-at-law shall be 225
considered for recommendation to the Governor for nomination as a 226
judge during his tenure on the commission or for a period of [two] three 227
years following the termination of his tenure on the commission. 228
(m) On [January 15, 2011, and annually thereafter] or before January 229
fifteenth annually, the chairperson of the commission shall report to the 230
joint standing committee on judiciary the following information with 231
respect to the prior calendar year: (1) The number of candidates 232
interviewed for appointment as new nominees, the number of 233
incumbent judges interviewed for reappointment to the same court and 234
the number of incumbent judges interviewed for appointment to a 235
different court, (2) the number of candidates who were recommended 236
and denied recommendation to the Governor as new nominees, the 237
number of incumbent judges recommended and denied 238
recommendation for appointment to the same court and the number of 239
incumbent judges recommended and denied recommendation for 240
appointment to a different court, (3) the statistics regarding the race, 241
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gender, national origin, religion, areas of professional experience and 242
years of experience as members of the bar of all such candidates and 243
incumbent judges interviewed, recommended and denied 244
recommendation under subdivisions (1) and (2) of this subsection, and 245
(4) as of January first in the year of such report, the number of candidates 246
on the list compiled by the commission pursuant to subsection (f) of this 247
section and the statistics regarding the race, gender, national origin, 248
religion, areas of professional experience, years of experience as 249
members of the bar and calendar year of recommendation of all such 250
candidates. 251
(n) The commission shall have the power to enter into such 252
contractual agreements as may be necessary for the discharge of its 253
duties concerning the investigation of candidates seeking appointment 254
to a judicial position and incumbent judges seeking reappointment to 255
the same court or appointment to a different court, within the limits of 256
appropriated funds and in accordance with established procedures. 257
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2025 51-44a
Statement of Purpose:
To revise statutory provisions concerning: (1) The composition of the
Judicial Selection Commission, and (2) certain internal operational
procedures concerning decisions issued by said commission.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]