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General Assembly Raised Bill No. 7150
January Session, 2025
LCO No. 5660
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING JUSTICES OF THE PEACE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective January 1, 2026) (a) For the purposes of this 1
section and sections 2 to 4, inclusive, of this act: 2
(1) "Justice of the peace" means any person that holds the office of 3
justice of the peace pursuant to section 9-183b, 9-183c, 9-184 or 9-184c of 4
the general statutes, as amended by this act; 5
(2) "Official misconduct" means, in the performance of the duties of a 6
justice of the peace, (A) a justice of the peace's performance of an act 7
prohibited by the general statutes or failure to perform an act mandated 8
by the general statutes, or (B) a justice of the peace's performance of an 9
act in a manner found to be negligent, fraudulent, unlawful or against 10
the public interest; and 11
(3) "Secretary" means the Secretary of the State. 12
(b) To be qualified to hold the office of justice of the peace, a person 13
shall: 14
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(1) Be appointed pursuant to section 9-183b, 9-183c, 9-184 or 9-184c of 15
the general statutes, as amended by this act; and 16
(2) Pass a written examination developed and administered by the 17
Secretary (A) not later than one hundred twenty days after an 18
appointment made after January 1, 2026, or (B) not later than May 1, 19
2026, if such appointment is made on or before January 1, 2026. 20
(c) The Secretary shall (1) develop and publish on the Internet web 21
site of the Secretary of the State a manual concerning the duties of a 22
justice of the peace, and (2) develop and administer a written 23
examination for persons seeking to hold the office of justice of the peace. 24
Sec. 2. (NEW) (Effective January 1, 2026) (a) No justice of the peace shall 25
(1) perform any official action with intent to deceive or defraud any 26
person, (2) use the title of justice of the peace in an endorsement or 27
promotional statement for any product, third-party service, contest or 28
other offering, or (3) perform a marriage that the justice of the peace 29
knows or should have known is fraudulent in violation of 8 USC 1325, 30
as amended from time to time. 31
(b) A justice of the peace shall be liable to any person for any damages 32
proximately caused to that person as a result of the justice of the peace's 33
official misconduct. 34
(c) An employer of a justice of the peace shall be liable to any person 35
for any damages proximately caused to that person as a result of the 36
justice of the peace's official misconduct if such misconduct is related to 37
the employer's business or if the employer directed, encouraged, 38
consented to, ratified or approved the justice of the peace's official 39
misconduct, either (1) in the particular transaction that constitutes 40
official misconduct, or (2) implicitly by previous actions in at least one 41
similar transaction that constitutes official misconduct. 42
(d) An employer of a justice of the peace shall be liable to the justice 43
of the peace for any damages (1) recovered from the justice of the peace 44
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as a result of official misconduct that was coerced by threat of such 45
employer, if the threat, including, but not limited to, a threat of 46
demotion or dismissal, was made in reference to a particular act or 47
implicitly by the employer's previous actions in at least one similar 48
transaction, and (2) caused to the justice of the peace by a demotion, 49
dismissal or other action by such employer resulting from the justice of 50
the peace's refusal to commit official misconduct. 51
Sec. 3. (NEW) (Effective January 1, 2026) (a) The Secretary shall 52
investigate any allegations of official misconduct by a justice of the 53
peace and shall issue a finding at the conclusion of any such 54
investigation. 55
(b) When the Secretary determines that a justice of the peace has 56
engaged in official misconduct or otherwise violated any provision of 57
the general statutes in the performance of the duties of a justice of the 58
peace, the Secretary may (1) deliver a written warning or reprimand to 59
such justice of the peace, or (2) notwithstanding the provisions of any 60
special act, municipal charter or ordinance to the contrary, suspend or 61
revoke a justice of the peace's appointment. 62
(c) The termination, whether voluntary or involuntary, revocation or 63
lapse of an appointment as a justice of the peace shall not interrupt or 64
preclude an investigation into any allegation of official misconduct 65
against a justice of the peace under this section. 66
(d) The Secretary may adopt regulations, in accordance with the 67
provisions of chapter 54 of the general statutes, to carry out the purposes 68
of sections 1 to 3, inclusive, of this act. 69
Sec. 4. (NEW) (Effective from passage) (a) Notwithstanding the 70
provisions of section 9-183b, 9-183c or 9-184c of the general statutes, as 71
amended by this act, any vacancy in the office of a justice of the peace, 72
if such vacancy is created by the adoption of an ordinance or charter 73
amendment by a municipality that (1) increases the number of justices 74
of the peace in such municipality, and (2) is effective not less than 75
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ninety-one days prior to the next quadrennial appointment of justices of 76
the peace in the municipality, may be filled by appointment prior to the 77
next quadrennial appointment by the town committee of any major 78
party using the procedures prescribed by section 9-183b or 9-183c of the 79
general statutes, or by the town clerk of such municipality using the 80
procedure prescribed by section 9-184c of the general statutes, as 81
amended by this act, as applicable to such vacancy. 82
(b) Notwithstanding the provisions of section 9-183b, 9-183c or 9-184c 83
of the general statutes, as amended by this act, any person appointed to 84
fill a vacancy in an office of the justice of the peace pursuant to 85
subsection (a) of this section shall serve until the next quadrennial 86
appointment of justices of the peace in the municipality. 87
(c) If a vacancy in an office of the justice of the peace has been filled 88
by appointment by a town committee, the chairperson or secretary of 89
such town committee shall file with the town clerk a certificate of each 90
such appointment, and the town clerk shall record the certificate with 91
the records of the town meeting. The town clerk shall notify the 92
secretary of any such appointment. 93
Sec. 5. Section 9-184c of the general statutes is repealed and the 94
following is substituted in lieu thereof (Effective October 1, 2025): 95
(a) In 1994, 1996, and quadrennially thereafter, the town clerk of each 96
town shall appoint as justice of the peace a number of electors of the 97
town who are not members of major parties, as defined in section 9-372, 98
which shall not exceed (1) where no justices of the peace are selected 99
under section 9-183c, one-third of the total number of justices of the 100
peace in the town, or (2) where justices of the peace are selected under 101
section 9-183c, one-third of the total number of justices of the peace in 102
the town less the number of justices of the peace in the town selected 103
under section 9-183c. Such percentage shall be rounded up to the nearest 104
whole number of justices of the peace. Any such appointment shall be 105
made upon written application submitted on or after August first and 106
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on or before November first, in such year. No person who has 107
enrollment privileges in the town in a political party which selected 108
justices of the peace under section 9-183b or under section 9-183c within 109
the period beginning three months before said August first and ending 110
on the date the person is to be appointed under this section, shall be 111
eligible for such appointment. Not later than August 1, 1996, and 112
quadrennially thereafter, the town clerk shall send a written notice to 113
each incumbent justice of the peace appointed under this section. Such 114
notice shall inform such justices of the peace of the procedures set forth 115
in this section concerning the reappointment of such justices of the 116
peace. 117
(b) If, on November first in such year, the number of applications for 118
justice of the peace filed with the town clerk under subsection (a) of this 119
section exceeds the number of justices of the peace allowed under this 120
section, (1) each such applicant who is an incumbent justice of the peace 121
appointed under this section shall be reappointed if there are sufficient 122
openings and (2) the town clerk shall, on or before the fifteenth business 123
day of November, select the remaining applicants to be appointed as 124
justices of the peace by lot in a ceremony which shall be open to the 125
public and held on five days' public notice. At such lottery the town 126
clerk shall determine the order of all such remaining applications for the 127
purpose of filling future vacancies under subsection (d) of this section. 128
If a town clerk receives a number of applications that is less than the 129
number of justices of the peace that he is authorized to appoint under 130
this section in any year, he shall not appoint any additional justices of 131
the peace, except as prescribed by subsections (d) and (e) of this section. 132
(c) Justices of the peace appointed in 1994 [,] shall serve a term of two 133
years beginning on the first Monday in 1995, and justices of the peace 134
appointed in 1996 and thereafter shall serve a term of four years 135
beginning on the first Monday in January in the succeeding year. 136
(d) Any vacancy in the office of any such justice of the peace shall be 137
filled by appointment by the town clerk of an elector qualifying under 138
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subsection (a) of this section in the order determined in the lottery held 139
under [said] subsection (b) of this section. If no such lottery is held, or 140
the number of vacancies exceeds the number of remaining applicants 141
determined in the lottery held under subsection (b) of this section, the 142
vacancy shall [not] be filled pursuant to subsection (e) of this section. 143
(e) If the number of vacancies exceeds the number of remaining 144
applicants determined in the lottery held under subsection (b) of this 145
section or if no such lottery was held, the town clerk shall make public 146
the number of vacancies and the procedure for appointing new justices 147
of the peace under this subsection. Any such appointment shall be made 148
upon written application submitted not more than thirty days following 149
such public notice. No person who has enrollment privileges in the town 150
in a political party that selected justices of the peace under section 9-151
183b or 9-183c within the period beginning three months before the 152
public notice under this subsection and ending on the date the person is 153
to be appointed under this subsection, shall be eligible for such 154
appointment. If the number of applications for justice of the peace filed 155
with the town clerk under this subsection exceeds the number of 156
vacancies, the town clerk shall, not less than ten and not more than 157
fifteen days following the close of such applications, select the 158
remaining applicants to be appointed as justices of the peace by lottery 159
in a ceremony which shall be open to the public and held with five days' 160
public notice. At such lottery, the town clerk shall determine the order 161
of all such remaining applications for the purpose of filling future 162
vacancies under subsection (d) of this section. If a town clerk receives a 163
number of applications under this subsection that is less than the 164
number of justices of the peace that he is authorized to appoint under 165
this section in any year, the town clerk shall not appoint any additional 166
justices of the peace. 167
Sec. 6. (NEW) (Effective from passage) (a) There is established a 168
working group to examine and make recommendations on (1) the 169
methods of determining the number of justice of the peace positions in 170
each municipality and state-wide; (2) the feasibility of permitting 171
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justices of the peace to serve in more than one municipality; (3) the 172
process by which justices of the peace are selected; (4) potential training, 173
minimum qualifications, application processes and background check 174
requirements for justices of the peace; (5) oversight of justices of the 175
peace, including the potential for levying fines; (6) potential legal 176
consequences for misrepresenting a person's status as a justice of the 177
peace; and (7) issues related to reporting human trafficking, forced 178
marriage and marriage fraud. 179
(b) The working group shall consist of the following members: 180
(1) Two appointed by the speaker of the House of Representatives, 181
one of whom is a justice of the peace and one of whom is a representative 182
of a professional organization for justices of the peace; 183
(2) Two appointed by the president pro tempore of the Senate, who 184
are town clerks; 185
(3) One appointed by the majority leader of the House of 186
Representatives, who is a town party chairperson; 187
(4) One appointed by the majority leader of the Senate, who is a 188
justice of the peace and not a member of a major political party; 189
(5) Two appointed by the minority leader of the House of 190
Representatives, one of whom is a town party chairperson and one of 191
whom is a town clerk; 192
(6) Two appointed by the minority leader of the Senate, one of whom 193
is a justice of the peace and one of whom is a town clerk; and 194
(7) The Secretary of the State, or the Secretary's designee. 195
(c) All initial appointments to the working group shall be made not 196
later than thirty days after the effective date of this section. Any vacancy 197
shall be filled by the appointing authority. 198
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(d) The Secretary of the State, or the Secretary's designee, shall be the 199
chairperson of the working group and shall schedule the first meeting 200
of the working group, which shall be held not later than sixty days after 201
the effective date of this section. 202
(e) Not later than January 1, 2026, the working group shall submit a 203
report on its findings and recommendations to the joint standing 204
committee of the General Assembly having cognizance of matters 205
relating to government administration and elections, in accordance with 206
the provisions of section 11-4a of the general statutes, and to the 207
Secretary of the State. The working group shall terminate upon the 208
submission of such report. 209
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 1, 2026 New section
Sec. 2 January 1, 2026 New section
Sec. 3 January 1, 2026 New section
Sec. 4 from passage New section
Sec. 5 October 1, 2025 9-184c
Sec. 6 from passage New section
Statement of Purpose:
To (1) require written examinations of persons selected to hold the office
of justice of the peace, (2) prohibit misconduct by justices of the peace,
and (3) specify that a newly created office of justice of the peace may be
filled by appointment prior to the next regular election.
[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.]