Connecticut 2025 Regular Session

Connecticut House Bill HB07041 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	LCO 5101 1 of 9
	3	+	LCO No. 5101 1 of 9
4	4
5	5		General Assembly Raised Bill No. 7041
6	6		January Session, 2025
7	7		LCO No. 5101
8	8
9	9
10	10		Referred to Committee on JUDICIARY
11	11
12	12
13	13		Introduced by:
14	14		(JUD)
	15	+
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17	18
18	19		AN ACT CONCERNING THE COMPOSITION OF THE JUDICIAL
19	20		SELECTION COMMISSION AND DECISIONS RENDERED BY SAID
20	21		COMMISSION.
21	22		Be it enacted by the Senate and House of Representatives in General
22	23		Assembly convened:
23	24
24	25		Section 1. Section 51-44a of the general statutes is repealed and the 1
25	26		following is substituted in lieu thereof (Effective July 1, 2025): 2
26	27		(a) There is established a Judicial Selection Commission, within the 3
27	28		Office of Governmental Accountability established under section 1-300. 4
28	29		[Said] (1) Until December 31, 2025, the commission shall be comprised 5
29	30		of twelve members. Six of the members shall be attorneys-at-law and six 6
30	31		of the members shall not be attorneys-at-law. Not more than six of the 7
31	32		members shall belong to the same political party. None of the members 8
32	33		shall be an elected or appointed official of the state or hold state-wide 9
33	34		office in a political party. (2) On and after January 1, 2026, the 10
34	35		commission shall be comprised of twelve members, appointed in 11
35	36		accordance with the provisions of subdivision (2) of subsection (b) of 12
36	37		this section. Eight of the members shall be attorneys-at-law and four of 13
37		-	the members shall not be attorneys-at-law. Not more than six of the 14 Raised Bill No. 7041
	38	+	the members shall not be attorneys-at-law. Not more than six of the 14
	39	+	Raised Bill No. 7041
38	40
39	41
40		-	LCO 5101 2 of 9
	42	+
	43	+	LCO No. 5101 2 of 9
41	44
42	45		members shall belong to the same political party. None of the members 15
43	46		shall otherwise be an elected or appointed official of the state or hold 16
44	47		state-wide office in a political party. 17
45	48		(b) The members of the commission shall be appointed as follows: 18
46	49		[The] (1) Until December 31, 2025, the Governor shall appoint six 19
47	50		members, one from each congressional district and one at-large 20
48	51		member, three of whom shall be attorneys-at-law and three of whom 21
49	52		shall not be attorneys-at-law; the president pro tempore of the Senate 22
50	53		shall appoint one member who shall be an attorney-at-law; the speaker 23
51	54		of the House of Representatives shall appoint one member who shall 24
52	55		not be an attorney-at-law; the majority leader of the Senate shall appoint 25
53	56		one member who shall not be an attorney-at-law; the majority leader of 26
54	57		the House of Representatives shall appoint one member who shall be an 27
55	58		attorney-at-law; the minority leader of the Senate shall appoint one 28
56	59		member who shall not be an attorney-at-law; and the minority leader of 29
57	60		the House of Representatives shall appoint one member who shall be an 30
58	61		attorney-at-law. (2) On and after January 1, 2026, (A) the Governor shall 31
59	62		appoint six members, one from each congressional district and one at-32
60	63		large member, two of whom shall be attorneys-at-law who have 33
61	64		engaged in the practice of law in this state for not less than ten years and 34
62	65		four of whom shall not be attorneys-at-law; (B) the president pro 35
63	66		tempore of the Senate shall appoint one member who shall be an 36
64	67		attorney-at-law who has engaged in the practice of law in this state for 37
65	68		not less than ten years; (C) the speaker of the House of Representatives 38
66	69		shall appoint one member who shall be an attorney-at-law who has 39
67	70		engaged in the practice of law in this state for not less than ten years; (D) 40
68	71		the majority leader of the Senate shall appoint one member who shall be 41
69	72		an attorney-at-law who has engaged in the practice of law in this state 42
70	73		for not less than ten years; (E) the majority leader of the House of 43
71	74		Representatives shall appoint one member who shall be an attorney-at-44
72	75		law who has engaged in the practice of law in this state for not less than 45
73	76		ten years; (F) the minority leader of the Senate shall appoint one member 46
74	77		who shall be an attorney-at-law who has engaged in the practice of law 47
75		-	~~in this state for not less than ten years; and (G) the minority leader of the 48~~ Raised Bill No. 7041
	78	+	Raised Bill No. 7041
76	79
77	80
78		-	LCO 5101 3 of 9
79	81
	82	+	LCO No. 5101 3 of 9
	83	+
	84	+	in this state for not less than ten years; and (G) the minority leader of the 48
80	85		House of Representatives shall appoint one member who shall be an 49
81	86		attorney-at-law who has engaged in the practice of law in this state for 50
82	87		not less than ten years. 51
83	88		(c) The members of the commission shall elect a chairperson from 52
84	89		among the members appointed by the Governor. 53
85	90		(d) (1) The members of the commission shall serve for terms of three 54
86	91		years. 55
87	92		(2) Members [appointed on or after June 26, 2003,] shall serve for 56
88	93		terms of three years and, notwithstanding the provisions of section 4-1, 57
89	94		until their successors are appointed and have qualified or ninety days 58
90	95		after the completion of their terms, whichever is earlier. The term of any 59
91	96		member appointed pursuant to subdivision (1) of subsection (b) of this 60
92	97		section shall end on December 31, 2025. Notwithstanding the provisions 61
93	98		of subdivision (4) of this subsection, a member serving on the 62
94	99		commission on December 31, 2025, who meets the requirements 63
95	100		prescribed in subsection (b) of this section, may be reappointed to the 64
96	101		commission for an additional consecutive term. Such additional 65
97	102		consecutive term shall end three years following the date of such 66
98	103		member's original appointment pursuant to subdivision (1) of 67
99	104		subsection (b) of this section. 68
100	105		[(3) Members serving on June 26, 2003, shall continue to serve as 69
101	106		members until the end of their terms and, notwithstanding the 70
102	107		provisions of section 4-1, until their successors are appointed and have 71
103	108		qualified or ninety days after the completion of their terms, whichever 72
104	109		is earlier, except that members serving on June 26, 2003, who have 73
105	110		completed their terms and are serving until their successors are 74
106	111		appointed and have qualified shall, notwithstanding the provisions of 75
107	112		section 4-1, continue to serve until their successors are appointed and 76
108	113		have qualified, but not later than January 1, 2004.] 77
109	114		[(4)] (3) Any vacancy in the membership of the commission shall be 78
110		-	filled for the unexpired portion of the term by the appointing authority. 79
111		-	The members of the commission shall receive no compensation for their 80 Raised Bill No. 7041
	115	+	Raised Bill No. 7041
112	116
113	117
114		-	LCO 5101 4 of 9
115	118
	119	+	LCO No. 5101 4 of 9
	120	+
	121	+	filled for the unexpired portion of the term by the appointing authority. 79
	122	+	The members of the commission shall receive no compensation for their 80
116	123		services but shall be reimbursed for any necessary expenses incurred in 81
117	124		the performance of their duties. 82
118	125		[(5)] (4) No member of the commission may serve consecutive terms, 83
119	126		except that, if [, on or after June 26, 2003,] a person is appointed a 84
120	127		member of the commission to fill a vacancy and complete an unexpired 85
121	128		term, such person may serve an additional term. If a commission 86
122	129		member is an attorney, no member of the commission member's firm 87
123	130		may serve a term consecutive to such commission member. 88
124	131		(e) The commission shall evaluate incumbent judges who seek 89
125	132		reappointment to the same court and shall forward to the Governor for 90
126	133		consideration the names of incumbent judges who are recommended 91
127	134		for reappointment as provided in this subsection. The commission shall 92
128	135		adopt regulations in accordance with the provisions of chapter 54 93
129	136		concerning criteria by which to evaluate incumbent judges who seek 94
130	137		reappointment to the same court; provided pending adoption of such 95
131	138		regulations, the commission shall use criteria established prior to June 96
132	139		22, 1989, for the evaluation of such judges. In evaluating the 97
133	140		reappointment of an incumbent judge, the commission shall consider 98
134	141		the legal ability, competence, integrity, character and temperament of 99
135	142		such judge and any other relevant information concerning such judge. 100
136	143		There shall be a presumption that each incumbent judge who seeks 101
137	144		reappointment to the same court qualifies for retention in judicial office. 102
138	145		The burden of rebutting such presumption shall be on the commission. 103
139	146		The commission shall investigate and interview each incumbent judge 104
140	147		who seeks reappointment and, prior to the expiration of a term of office 105
141	148		of such judge, shall recommend such incumbent judge for nomination 106
142	149		for reappointment by the Governor to the same court unless, as 107
143	150		provided in this subsection, recommendation of such judge is denied. If 108
144	151		a preliminary examination indicates further inquiry is necessary before 109
145	152		a recommendation of reappointment may be made, the commission 110
146	153		shall hold a hearing concerning the reappointment of such judge. The 111
	154	+	Raised Bill No. 7041
	155	+
	156	+
	157	+
	158	+	LCO No. 5101 5 of 9
	159	+
147	160		commission shall send notice to the judge by certified or registered mail, 112
148	161		return receipt requested, not less than one hundred eighty days prior to 113
149		-	the convening of such legislative session which is to consider the 114 Raised Bill No. 7041
150		-
151		-
152		-	LCO 5101 5 of 9
153		-
	162	+	the convening of such legislative session which is to consider the 114
154	163		reappointment of the incumbent judge, [(A)] (1) that a hearing by the 115
155	164		commission on such reappointment shall be held and of the time, date 116
156	165		and place of such hearing, which shall be not less than thirty days nor 117
157		-	more than forty-five days after the date of such notice, and [(B)] (2) of 118
	166	+	more than forty-five days after the date of such notice and [(B)] (2) of 118
158	167		specific claims made against the judge. The commission shall make a 119
159	168		record of all hearings conducted pursuant to this subsection. The 120
160	169		hearing may be open to the public at the request of the judge. For 121
161	170		purposes of conducting a hearing under this subsection, not less than 122
162	171		ten members of the commission shall be present and voting. A judge 123
163	172		appearing before such a hearing shall be entitled to counsel, to present 124
164	173		evidence and to cross-examine witnesses who appear voluntarily. No 125
165	174		judge shall be required to sign or execute any release in order to proceed 126
166	175		with the hearing. The commission shall not later than twenty days after 127
167	176		the close of such hearing render its decision whether it shall recommend 128
168	177		such incumbent judge for nomination for reappointment by the 129
169	178		Governor. Any affirmative vote of a majority plus one of the members 130
170	179		present and voting shall be required to deny recommendation to the 131
171	180		Governor for nomination of an incumbent judge to the same court. A 132
172	181		judge who has not received approval by the commission may within ten 133
173	182		days after receipt of the notice of decision, which shall include a record 134
174	183		of the numerical vote, request a rehearing on the grounds that the 135
175	184		conclusions of the commission are contrary to the evidence presented at 136
176	185		the hearing or the commission failed to comply with the procedural or 137
177	186		substantive requirements of this section. The decision of the commission 138
178	187		following a rehearing shall be final. There shall be no right of appeal by 139
179	188		any judge appearing before the commission, at law or in equity, or any 140
180	189		resort to any court following the decision of the commission. 141
181	190		(f) Except as provided in subsection (e) of this section, the commission 142
182	191		shall seek qualified candidates for consideration by the Governor for 143
183	192		nomination as judges for the Superior Court, Appellate Court and 144
	193	+	Raised Bill No. 7041
	194	+
	195	+
	196	+
	197	+	LCO No. 5101 6 of 9
	198	+
184	199		Supreme Court. The commission shall adopt regulations, in accordance 145
185	200		with the provisions of chapter 54, concerning criteria by which to 146
186	201		evaluate the qualifications of candidates, including incumbent judges 147
187		-	who seek appointment to a different court. The commission shall 148 Raised Bill No. 7041
188		-
189		-
190		-	LCO 5101 6 of 9
191		-
	202	+	who seek appointment to a different court. The commission shall 148
192	203		investigate and interview the candidates, including incumbent judges 149
193	204		seeking appointment to a different court. A list of such qualified 150
194	205		candidates shall be compiled by the commission. No candidate shall 151
195	206		remain on the list of qualified candidates for more than ten years. A 152
196	207		decision of the commission denying a recommendation to a candidate 153
197	208		or judge shall include a brief summary that informs the candidate or 154
198	209		judge of the reasons for the denial. The form and manner of such 155
199	210		statement shall be determined by the commission. 156
200	211		(g) In connection with any inquiry concerning the reappointment of 157
201	212		an incumbent judge, the commission shall have the power to issue 158
202	213		subpoenas requiring the attendance of witnesses and the production of 159
203	214		any books or papers which in the judgment of the commission are 160
204	215		relevant to the inquiry. The commission may, upon request of the judge 161
205	216		whose reappointment is at issue, issue a subpoena on behalf of such 162
206	217		judge. If any person disobeys such process or, having appeared in 163
207	218		obedience thereto refuses to answer any pertinent question put to [him] 164
208	219		such person by the commission, or to produce any books and papers 165
209	220		pursuant thereto, the commission, on its own behalf or on behalf of the 166
210	221		judge, may apply to the superior court for the judicial district of 167
211	222		Hartford setting forth such disobedience to process or refusal to answer, 168
212	223		and said court may cite such person to appear before said court to 169
213	224		answer such question or to produce such books and papers and, upon 170
214	225		[his] refusal so to do shall commit [him] such person to a community 171
215	226		correctional center, there to remain until [he] such person so testifies. 172
216	227		(h) (1) Judges of all courts, except those courts to which judges are 173
217	228		elected, shall be nominated by the Governor exclusively from the list of 174
218	229		candidates or incumbent judges submitted by the Judicial Selection 175
219	230		Commission. Any candidate or incumbent judge who is nominated 176
220	231		from such list by the Governor to be Chief Justice of the Supreme Court, 177
	232	+	Raised Bill No. 7041
	233	+
	234	+
	235	+
	236	+	LCO No. 5101 7 of 9
	237	+
221	238		and who is appointed Chief Justice by the General Assembly, shall serve 178
222	239		a term of eight years from the date of appointment. The Governor shall 179
223	240		nominate a candidate for a vacancy in a judicial position within forty-180
224	241		five days of the date the Governor receives the recommendations of the 181
225		-	commission. When considering the nomination of an incumbent judge 182 Raised Bill No. 7041
226		-
227		-
228		-	LCO 5101 7 of 9
229		-
	242	+	commission. When considering the nomination of an incumbent judge 182
230	243		for reappointment to the same court, the Governor may nominate the 183
231	244		incumbent judge if the commission did not deny recommendation for 184
232	245		reappointment. Whenever an incumbent judge is denied 185
233	246		recommendation for reappointment to the same court by the 186
234	247		commission or is recommended by the commission but not nominated 187
235	248		by the Governor for reappointment to the same court, or whenever a 188
236	249		vacancy in a judicial position occurs or is anticipated, the Governor shall 189
237	250		choose a nominee from the list of candidates compiled pursuant to 190
238	251		subsection (f) of this section. (2) Notwithstanding the provisions of 191
239	252		subdivision (1) of this subsection and subsection (f) of this section, the 192
240	253		Governor may nominate an associate judge of the Supreme Court to be 193
241	254		Chief Justice of the Supreme Court without such judge being 194
242	255		investigated and interviewed by the commission and being on the list of 195
243	256		qualified candidates compiled and submitted to the Governor by the 196
244	257		commission. An associate judge of the Supreme Court who has been 197
245	258		nominated by the Governor to be Chief Justice of the Supreme Court in 198
246	259		accordance with this subdivision, and who is appointed Chief Justice by 199
247	260		the General Assembly, shall serve an initial term as Chief Justice equal 200
248	261		to the remainder of such judge's term as an associate judge of the 201
249	262		Supreme Court. 202
250	263		(i) A majority of the membership of the commission shall constitute a 203
251	264		quorum. The affirmative vote of at least a majority of the members of 204
252	265		the commission present and voting shall be required for any action by 205
253	266		the commission except (1) an affirmative vote of at least a majority plus 206
254	267		one of the members present and voting shall be required for a new 207
255	268		nominee to be recommended to the Governor for nomination as a judge 208
256	269		or for an incumbent judge to be recommended to the Governor for 209
257		-	nomination as a judge to a different court, and (2) an affirmative vote of 210
	270	+	nomination as a judge to a different court and (2) an affirmative vote of 210
	271	+	Raised Bill No. 7041
	272	+
	273	+
	274	+
	275	+	LCO No. 5101 8 of 9
	276	+
258	277		a majority plus one of the members present and voting shall be required 211
259	278		to deny recommendation to the Governor for nomination of an 212
260	279		incumbent judge to the same court. No vote of the commission on a new 213
261	280		nominee shall be by secret ballot. The vote of the commission on an 214
262	281		incumbent judge may be by secret ballot. 215
263		-	(j) Except as provided in subsections (e), (f) and (m) of this section, 216 Raised Bill No. 7041
264		-
265		-
266		-	LCO 5101 8 of 9
267		-
	282	+	(j) Except as provided in subsections (e), (f) and (m) of this section, 216
268	283		the investigations, deliberations, files and records of the commission 217
269	284		shall be confidential and not open to the public or subject to disclosure 218
270	285		except that the criteria by which candidates or incumbent judges who 219
271	286		seek reappointment to the same court or appointment to a different 220
272	287		court are evaluated and the procedural rules adopted by the 221
273	288		commission shall be public. 222
274	289		(k) The commission may employ such staff as is necessary for the 223
275	290		performance of its functions and duties. 224
276	291		(l) No member of the commission who is an attorney-at-law shall be 225
277	292		considered for recommendation to the Governor for nomination as a 226
278	293		judge during his tenure on the commission or for a period of [two] three 227
279	294		years following the termination of his tenure on the commission. 228
280	295		(m) On [January 15, 2011, and annually thereafter] or before January 229
281	296		fifteenth annually, the chairperson of the commission shall report to the 230
282	297		joint standing committee on judiciary the following information with 231
283	298		respect to the prior calendar year: (1) The number of candidates 232
284	299		interviewed for appointment as new nominees, the number of 233
285	300		incumbent judges interviewed for reappointment to the same court and 234
286	301		the number of incumbent judges interviewed for appointment to a 235
287	302		different court, (2) the number of candidates who were recommended 236
288	303		and denied recommendation to the Governor as new nominees, the 237
289	304		number of incumbent judges recommended and denied 238
290	305		recommendation for appointment to the same court and the number of 239
291	306		incumbent judges recommended and denied recommendation for 240
292	307		appointment to a different court, (3) the statistics regarding the race, 241
	308	+	Raised Bill No. 7041
	309	+
	310	+
	311	+
	312	+	LCO No. 5101 9 of 9
	313	+
293	314		gender, national origin, religion, areas of professional experience and 242
294	315		years of experience as members of the bar of all such candidates and 243
295	316		incumbent judges interviewed, recommended and denied 244
296	317		recommendation under subdivisions (1) and (2) of this subsection, and 245
297	318		(4) as of January first in the year of such report, the number of candidates 246
298	319		on the list compiled by the commission pursuant to subsection (f) of this 247
299	320		section and the statistics regarding the race, gender, national origin, 248
300		-	religion, areas of professional experience, years of experience as 249 Raised Bill No. 7041
301		-
302		-
303		-	LCO 5101 9 of 9
304		-
	321	+	religion, areas of professional experience, years of experience as 249
305	322		members of the bar and calendar year of recommendation of all such 250
306	323		candidates. 251
307	324		(n) The commission shall have the power to enter into such 252
308	325		contractual agreements as may be necessary for the discharge of its 253
309	326		duties concerning the investigation of candidates seeking appointment 254
310	327		to a judicial position and incumbent judges seeking reappointment to 255
311	328		the same court or appointment to a different court, within the limits of 256
312	329		appropriated funds and in accordance with established procedures. 257
313	330		This act shall take effect as follows and shall amend the following
314	331		sections:
315	332
316	333		Section 1 July 1, 2025 51-44a
317	334
318		-	JUD Joint Favorable
	335	+	Statement of Purpose:
	336	+	To revise statutory provisions concerning: (1) The composition of the
	337	+	Judicial Selection Commission, and (2) certain internal operational
	338	+	procedures concerning decisions issued by said commission.
	339	+
	340	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	341	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	342	+	underlined.]
319	343