Connecticut 2025 2025 Regular Session

Connecticut House Bill HB07150 Comm Sub / Bill

Filed 04/16/2025

                     
 
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General Assembly  Substitute Bill No. 7150  
January Session, 2025 
 
 
 
 
 
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 October 1, 2025) (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, including any conduct prohibited by subsection (a) 11 
of section 2 of this act; and 12 
(3) "Secretary" means the Secretary of the State. 13 
(b) To be qualified to hold the office of justice of the peace, a person 14 
shall: 15 
(1) Be appointed pursuant to section 9-183b, 9-183c, 9-184 or 9-184c of 16 
the general statutes, as amended by this act; and 17  Substitute Bill No. 7150 
 
 
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(2) Pass the examination developed and administered by the 18 
Secretary pursuant to subsection (c) of this section not later than (A) one 19 
hundred twenty days after an appointment made after January 1, 2026, 20 
or (B) May 1, 2026, if such appointment is made on or before January 1, 21 
2026. 22 
(c) The Secretary shall, not later than July 1, 2026, (1) publish on the 23 
Internet web site of the Secretary of the State a manual concerning the 24 
duties of a justice of the peace, and (2) administer a written examination 25 
for persons seeking to hold the office of justice of the peace. 26 
Sec. 2. (NEW) (Effective January 1, 2026) (a) No justice of the peace shall 27 
(1) perform any official action with intent to deceive or defraud any 28 
person, (2) use the title of justice of the peace in an endorsement or 29 
promotional statement for any product, third-party service, contest or 30 
other offering, or (3) perform a marriage that the justice of the peace 31 
knows or should have known is (A) unlawful under any provision of 32 
the general statutes, or (B) fraudulent in violation of 8 USC 1325, as 33 
amended from time to time. 34 
(b) A justice of the peace shall be liable to any person for any damages 35 
proximately caused to that person as a result of the justice of the peace's 36 
official misconduct. 37 
(c) An employer of an individual who holds the office of justice of the 38 
peace shall be liable to any person for damages proximately caused to 39 
that person resulting from the justice of the peace's official misconduct 40 
if (1) such misconduct occurred in the course of business of such 41 
employer, and (2) such employer directed, encouraged, consented to, 42 
ratified or approved the justice of the peace's official misconduct, either 43 
(A) in the particular transaction constituting official misconduct, or (B) 44 
implicitly by such employer's previous actions in at least one similar 45 
transaction constituting official misconduct. 46 
(d) An employer of an individual who holds the office of justice of 47 
the peace shall be liable to the justice of the peace for any damages (1) 48 
recovered from the justice of the peace resulting from official 49  Substitute Bill No. 7150 
 
 
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misconduct that was coerced by threat of such employer, if such threat, 50 
including, but not limited to, a threat of demotion or dismissal, was 51 
made by such employer (A) in reference to a particular act of the justice 52 
of the peace in the course of business of such employer, or (B) implicitly 53 
by such employer's previous actions in at least one similar transaction, 54 
or (2) caused to the justice of the peace by a demotion, dismissal or other 55 
action by such employer resulting from the justice of the peace's refusal 56 
to commit official misconduct in the course of such employer's business. 57 
Sec. 3. (NEW) (Effective January 1, 2026) (a) The Secretary shall 58 
investigate any allegations of official misconduct by a justice of the 59 
peace and issue a finding at the conclusion of any such investigation. 60 
(b) When the Secretary determines that a justice of the peace has 61 
engaged in official misconduct or otherwise violated any provision of 62 
the general statutes in the performance of the duties of a justice of the 63 
peace, the Secretary may (1) deliver a written warning or reprimand to 64 
such justice of the peace, or (2) notwithstanding the provisions of any 65 
special act, municipal charter or ordinance to the contrary, suspend or 66 
revoke a justice of the peace's appointment. 67 
(c) The voluntary or involuntary termination, revocation or lapse of 68 
the appointment of a justice of the peace shall not interrupt or preclude 69 
an investigation into any allegation of official misconduct against such 70 
justice of the peace under this section. 71 
(d) The Secretary may adopt regulations, in accordance with the 72 
provisions of chapter 54 of the general statutes, to carry out the purposes 73 
of this section and sections 2 and 3, inclusive, of this act. 74 
Sec. 4. (NEW) (Effective from passage) (a) Notwithstanding the 75 
provisions of section 9-183b, 9-183c or 9-184c of the general statutes, as 76 
amended by this act, any vacancy in the office of a justice of the peace, 77 
if such vacancy is created by the adoption of an ordinance or charter 78 
amendment by a municipality that (1) increases the number of justices 79 
of the peace in such municipality, and (2) is effective not less than 80 
ninety-one days prior to the next quadrennial appointment of justices of 81  Substitute Bill No. 7150 
 
 
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the peace in the municipality, may be filled by appointment prior to the 82 
next quadrennial appointment by the town committee of any major 83 
party according to the provisions of this section. 84 
(b) (1) (A) The town clerk shall select one-third of the total number of 85 
justices of the peace to fill vacancies that are created by the adoption of 86 
such ordinance or charter amendment. 87 
(B) The political parties that are major political parties, as defined in 88 
subparagraph (B) of subdivision (5) of section 9-372 of the general 89 
statutes, shall be entitled to nominate an equal number of the total 90 
number of justices of the peace to fill the remaining vacancies created by 91 
the adoption of such ordinance, except in any town where the number 92 
of justices of the peace to be nominated under this section is not divisible 93 
by the number of political parties entitled to nominate justices of the 94 
peace under this section, the registrars of voters shall determine by lot 95 
which of said parties may nominate one more justice of the peace than 96 
may be nominated by the other party or parties. Such nomination by 97 
such parties shall qualify a nominee to serve as a justice of the peace. 98 
(2) (A) In the event that a political party that is a major party, as 99 
defined in subparagraph (A) of subdivision (5) of section 9-372 of the 100 
general statutes, but is not a major party, as defined in subparagraph (B) 101 
of said subdivision, is entitled to nominate an individual or individuals 102 
to serve as a justice of the peace to fill any such vacancy, such party shall 103 
be entitled to nominate twenty per cent of the total number of justices of 104 
the peace to fill such vacancies, provided such percentage shall be 105 
rounded down to the nearest whole number. Such nomination by such 106 
parties shall qualify a nominee to serve as a justice of the peace. 107 
(B) The town clerk shall select one-third of the total number of justices 108 
of the peace to fill vacancies that are created by the adoption of such 109 
ordinance or charter amendment less the number of justices of the peace 110 
selected under subparagraph (A) of this subdivision to fill such 111 
vacancies. 112 
(c) Notwithstanding the provisions of section 9-183b, 9-183c or 9-184c 113  Substitute Bill No. 7150 
 
 
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of the general statutes, as amended by this act, any person appointed to 114 
fill a vacancy in the office of a justice of the peace pursuant to subsection 115 
(b) of this section shall serve until the next quadrennial appointment of 116 
justices of the peace in the municipality. 117 
(d) If a vacancy in the office of a justice of the peace has been filled by 118 
appointment by a town committee, the chairperson or secretary of such 119 
town committee shall file with the town clerk a certificate of each such 120 
appointment, and the town clerk shall record the certificate with the 121 
records of the town meeting. The town clerk shall notify the secretary of 122 
any such appointment. 123 
Sec. 5. Section 9-184c of the general statutes is repealed and the 124 
following is substituted in lieu thereof (Effective October 1, 2025): 125 
(a) In 1994, 1996, and quadrennially thereafter, the town clerk of each 126 
town shall appoint as justice of the peace a number of electors of the 127 
town who are not members of major parties, as defined in section 9-372, 128 
which shall not exceed (1) where no justices of the peace are selected 129 
under section 9-183c, one-third of the total number of justices of the 130 
peace in the town, or (2) where justices of the peace are selected under 131 
section 9-183c, one-third of the total number of justices of the peace in 132 
the town less the number of justices of the peace in the town selected 133 
under section 9-183c. Such percentage shall be rounded up to the nearest 134 
whole number of justices of the peace. Any such appointment shall be 135 
made upon written application submitted on or after August first and 136 
on or before November first, in such year. No person who has 137 
enrollment privileges in the town in a political party which selected 138 
justices of the peace under section 9-183b or under section 9-183c within 139 
the period beginning three months before said August first and ending 140 
on the date the person is to be appointed under this section, shall be 141 
eligible for such appointment. Not later than August 1, 1996, and 142 
quadrennially thereafter, the town clerk shall send a written notice to 143 
each incumbent justice of the peace appointed under this section. Such 144 
notice shall inform such justices of the peace of the procedures set forth 145 
in this section concerning the reappointment of such justices of the 146  Substitute Bill No. 7150 
 
 
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peace. 147 
(b) If, on November first in such year, the number of applications for 148 
justice of the peace filed with the town clerk under subsection (a) of this 149 
section exceeds the number of justices of the peace allowed under this 150 
section, (1) each such applicant who is an incumbent justice of the peace 151 
appointed under this section shall be reappointed if there are sufficient 152 
openings, and (2) the town clerk shall, on or before the fifteenth business 153 
day of November, select the remaining applicants to be appointed as 154 
justices of the peace by lot in a ceremony which shall be open to the 155 
public and held on five days' public notice. At such lottery the town 156 
clerk shall determine the order of all such remaining applications for the 157 
purpose of filling future vacancies under subsection (d) of this section. 158 
If a town clerk receives a number of applications that is less than the 159 
number of justices of the peace that he is authorized to appoint under 160 
this section in any year, he shall not appoint any additional justices of 161 
the peace, except as prescribed by subsections (d) and (e) of this section. 162 
(c) Justices of the peace appointed in 1994 [,] shall serve a term of two 163 
years beginning on the first Monday in 1995, and justices of the peace 164 
appointed in 1996 and thereafter shall serve a term of four years 165 
beginning on the first Monday in January in the succeeding year. 166 
(d) Any vacancy in the office of any such justice of the peace shall be 167 
filled by appointment by the town clerk of an elector qualifying under 168 
subsection (a) of this section in the order determined in the lottery held 169 
under [said] subsection (b) of this section. If no such lottery is held, or 170 
the number of vacancies exceeds the number of remaining applicants 171 
determined in the lottery held under subsection (b) of this section, the 172 
vacancy shall [not] be filled pursuant to subsection (e) of this section. 173 
(e) If the number of vacancies exceeds the number of remaining 174 
applicants determined in the lottery held under subsection (b) of this 175 
section or if no such lottery was held, the town clerk shall make public 176 
the number of vacancies and the procedure for appointing new justices 177 
of the peace under this subsection. Any such appointment shall be made 178  Substitute Bill No. 7150 
 
 
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upon written application submitted not more than thirty days following 179 
such public notice. No person who has enrollment privileges in the town 180 
in a political party that selected justices of the peace under section 9-181 
183b or 9-183c within the period beginning three months before the 182 
public notice under this subsection and ending on the date the person is 183 
to be appointed under this subsection shall be eligible for such 184 
appointment. If the number of applications for justice of the peace filed 185 
with the town clerk under this subsection exceeds the number of 186 
vacancies, the town clerk shall, not less than ten and not more than 187 
fifteen days following the close of such applications, select the 188 
remaining applicants to be appointed as justices of the peace by lottery 189 
in a ceremony which shall be open to the public and held within not less 190 
than five days after the giving of public notice by the town clerk. At such 191 
lottery, the town clerk shall determine the order of all such remaining 192 
applications for the purpose of filling future vacancies under subsection 193 
(d) of this section. If a town clerk receives a number of applications 194 
under this subsection that is less than the number of justices of the peace 195 
that the town clerk is authorized to appoint under this section in any 196 
year, the town clerk shall not appoint any additional justices of the 197 
peace. 198 
Sec. 6. (NEW) (Effective from passage) (a) There is established a 199 
working group to examine and make recommendations on (1) the 200 
methods of determining the number of justice of the peace positions in 201 
each municipality and state wide; (2) the portability of a justice of the 202 
peace appointment in one municipality to other municipalities; (3) the 203 
process by which justices of the peace are selected; (4) potential training, 204 
minimum qualifications, application processes and background check 205 
requirements for justices of the peace; (5) oversight of justices of the 206 
peace, including the potential for levying fines; (6) potential legal 207 
consequences for misrepresenting a person's status as a justice of the 208 
peace; and (7) issues related to reporting human trafficking, forced 209 
marriage and marriage fraud. 210 
(b) The working group shall consist of the following members: 211  Substitute Bill No. 7150 
 
 
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(1) Two appointed by the speaker of the House of Representatives, 212 
one of whom is a justice of the peace and one of whom is a representative 213 
of a professional organization for justices of the peace; 214 
(2) Two appointed by the president pro tempore of the Senate, who 215 
are town clerks; 216 
(3) One appointed by the majority leader of the House of 217 
Representatives, who is a town party chairperson; 218 
(4) One appointed by the majority leader of the Senate, who is a 219 
justice of the peace and not a member of a major political party; 220 
(5) Two appointed by the minority leader of the House of 221 
Representatives, one of whom is a town party chairperson and one of 222 
whom is a town clerk; 223 
(6) Two appointed by the minority leader of the Senate, one of whom 224 
is a justice of the peace and one of whom is a town clerk; and 225 
(7) The Secretary of the State, or the Secretary's designee. 226 
(c) All initial appointments to the working group shall be made not 227 
later than thirty days after the effective date of this section. Any vacancy 228 
shall be filled by the appointing authority. 229 
(d) The Secretary of the State, or the Secretary's designee, shall be the 230 
chairperson of the working group and shall schedule the first meeting 231 
of the working group, which shall be held not later than sixty days after 232 
the effective date of this section. 233 
(e) Not later than January 1, 2026, the working group shall submit a 234 
report on its findings and recommendations to the joint standing 235 
committee of the General Assembly having cognizance of matters 236 
relating to government administration and elections, in accordance with 237 
the provisions of section 11-4a of the general statutes, and to the 238 
Secretary of the State. The working group shall terminate upon the 239 
submission of such report. 240  Substitute Bill No. 7150 
 
 
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This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2025 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 
 
PD Joint Favorable Subst.