Substitute House Bill No. 6691
Substitute House Bill No. 6691
PUBLIC ACT NO. 97-132
AN ACT CONCERNING THE JUDICIAL REVIEW COUNCIL AND
EXECUTION OF JUDGMENTS AGAINST ELECTED OR
APPOINTED OFFICIALS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 51-46a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Each judge of the Superior Court, each
judge of the Appellate Court, each judge of the
Supreme Court and each family support magistrate
shall file under penalty of false statement, a
statement of financial interests for the preceding
calendar year with the [Judicial Review Council,
established in section 51-51k,] OFFICE OF THE
CHIEF COURT ADMINISTRATOR on or before April
fifteenth next for any year in which the judge or
family support magistrate holds such position.
(b) The statement, on a form provided by the
[Judicial Review Council] OFFICE OF THE CHIEF
COURT ADMINISTRATOR, shall include the following
information for the preceding calendar year in
regard to the judge or family support magistrate,
his or her spouse and the dependent children
living in his or her household: (1) With respect
to the judge or family support magistrate, the
statement shall include: (A) The date, place and
nature of any activity for which the judge or
family support magistrate received compensation
other than judicial or magisterial compensation
for services rendered and the name of the payor
and the amount of the compensation received
provided, if the compensation received was a fee
for an appearance or the delivery of an address to
any meeting of any organization, the report of the
fee so received shall be filed within thirty days
after receipt of the fee; (B) the name of each
security in excess of five thousand dollars at
fair market value owned by the judge or family
support magistrate or held in the name of a
corporation, partnership or trust for the benefit
of the judge or family support magistrate, except
in the case of a trust established by a judge or
family support magistrate for the purpose of
divesting himself or herself of all control and
knowledge of his or her assets in order to avoid a
conflict of interest during his or her term of
office, only the existence of the trust and the
name of the trustee shall be included, but the
value need not be specified; (C) all real property
and its location, whether owned by the judge or
family support magistrate or held in the name of a
corporation, partnership or trust for the benefit
of the judge or family support magistrate; (2)
with respect to his or her spouse and dependent
children living in his or her household, the
statement shall include: (A) The name of all
businesses with which the spouse or child is
associated; (B) the category or type of all
sources of income of his or her spouse or each
child in excess of one thousand dollars, but
amounts of income need not be specified, and the
names and addresses of specific clients and
customers who provide more than five thousand
dollars of income, and amounts of income need not
be specified; (C) the name of each security in
excess of five thousand dollars at fair market
value owned by the spouse or each child or held in
the name of a corporation, partnership or trust
for the benefit of the spouse or child, except in
the case of a trust established by the spouse or
child for the purpose of divesting the spouse or
child of all control and knowledge of his or her
assets in order to avoid a conflict of interest
during the judge's or family support magistrate's
term of office, only the existence of the trust
and the name of the trustee shall be included, but
the value need not be specified; (D) all real
property and its location, whether owned by the
spouse or child or held in the name of a
corporation, partnership or trust for the benefit
of the spouse or child; (E) any fees or
honorariums received for any appearance or the
delivery of an address to any meeting of any
organization by the spouse or child shall be
disclosed within thirty days after receipt of the
fee or honorarium.
(c) The statement filed pursuant to this
section shall be a matter of public information,
except the list of names filed in accordance with
subdivision (2) of subsection (b) of this section
shall be sealed and confidential and for the use
of the JUDICIAL REVIEW council and the Supreme
Court only if an investigation has been initiated
under section 51-51j and the Judicial Review
Council or the Supreme Court is of the opinion
that disclosure of the list is germane to
investigation. The list may be subject to a
subpoena in any criminal prosecution, impeachment
proceedings or a hearing before the Supreme Court
under section 51-51j.
(d) The financial statement, except as
provided in subdivision (2) of subsection (b) of
this section shall be open to inspection at the
Office of the Chief Court Administrator of the
Judicial Department or at a place designated by
the Chief Court Administrator.
(e) THE CHIEF COURT ADMINISTRATOR SHALL
REPORT TO THE JUDICIAL REVIEW COUNCIL ANY JUDGE OR
FAMILY SUPPORT MAGISTRATE WHO FAILS TO FILE ANY
STATEMENT REQUIRED BY THIS SECTION.
Sec. 2. Subsection (a) of section 51-51k of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) There is hereby established a Judicial
Review Council to be composed of the following
members: (1) Three judges of the Superior Court,
who are not also judges of the Supreme Court, who
shall be appointed by the Governor, from a list of
six judges selected by the members of the Superior
Court, with the approval of the General Assembly,
(2) three attorneys-at-law admitted to practice in
this state, who shall be appointed by the Governor
with the approval of the General Assembly, (3) six
persons who are not judges or attorneys-at-law,
who shall be appointed by the Governor with the
approval of the General Assembly, and (4) [nine]
THIRTEEN alternate members who shall be appointed
by the Governor with the approval of the General
Assembly, as follows: (A) Two judges of the
Superior Court who are not also judges of the
Supreme Court, from a list of four judges selected
by the members of the Superior Court, (B) two
attorneys-at-law admitted to practice in this
state, (C) three persons who are not judges or
attorneys-at-law, (D) [a] THREE compensation
[commissioner] COMMISSIONERS and (E) [a] THREE
family support [magistrate] MAGISTRATES.
Sec. 3. Subsection (b) of section 51-51k of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) An alternate member who is a judge,
attorney-at-law or person who is not a judge or
attorney-at-law shall serve at probable cause
hearings and public hearings in lieu of a member
who is a judge, attorney-at-law or person who is
not a judge or attorney-at-law, respectively, when
such member is absent or disqualified, as
designated by the [chairperson] EXECUTIVE DIRECTOR
of the council. [The] AN alternate member who is a
compensation commissioner shall serve as a member
of the council in lieu of one of the members who
is a judge of the Superior Court, as designated by
the executive director, when the subject of a
complaint or investigation is a compensation
commissioner. [The] AN alternate member who is a
family support magistrate shall serve as a member
of the council in lieu of one of the members who
is a judge of the Superior Court, as designated by
the executive director, when the subject of a
complaint or investigation is a family support
magistrate. An alternate member shall have the
same power as the member he OR SHE is temporarily
replacing during the absence or disqualification
of the member.
Sec. 4. Section 51-51l of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Except as provided in subsection (d), the
Judicial Review Council shall investigate every
written complaint brought before it alleging
conduct under section 51-51i, and may initiate an
investigation of any judge, compensation
commissioner or family support magistrate if (1)
the council has reason to believe conduct under
section 51-51i has occurred or (2) previous
complaints indicate a pattern of behavior which
would lead to a reasonable belief that conduct
under section 51-51i has occurred. The council
shall, not later than five days after such
initiation of an investigation or receipt of such
complaint, notify by registered or certified mail
any judge, compensation commissioner or family
support magistrate under investigation or against
whom such complaint is filed. A copy of any such
complaint shall accompany such notice. The council
shall also notify the complainant of its receipt
of such complaint not later than five days
thereafter. Any investigation to determine whether
or not there is probable cause that conduct under
section 51-51i has occurred shall be confidential
and any individual called by the council for the
purpose of providing information shall not
disclose his knowledge of such investigation to a
third party prior to the decision of the council
on whether probable cause exists, unless the
respondent requests that such investigation and
disclosure be open, provided information known or
obtained independently of any such investigation
shall not be confidential. The judge, compensation
commissioner or family support magistrate shall
have the right to appear and be heard and to offer
any information which may tend to clear him of
probable cause to believe he is guilty of conduct
under section 51-51i. The judge, compensation
commissioner or family support magistrate shall
also have the right to be represented by legal
counsel and examine and cross-examine witnesses.
In conducting its investigation under this
subsection, the council may request that a court
furnish to the council a record or transcript of
court proceedings made or prepared by a court
reporter, assistant court reporter or monitor and
the court shall, upon such request, furnish such
record or transcript.
(b) The council shall, not later than three
business days after the termination of such
investigation, notify the complainant, if any, and
the judge, compensation commissioner or family
support magistrate that the investigation has been
terminated and the results thereof. If the council
finds that conduct under section 51-51i has not
occurred, but the judge, compensation commissioner
or family support magistrate has acted in a manner
which gives the appearance of impropriety or
constitutes an unfavorable judicial or magisterial
practice, the council may issue an admonishment to
the judge, compensation commissioner or family
support magistrate recommending a change in
judicial or magisterial conduct or practice. If an
admonishment is issued, the council shall inform
the complainant, if any, that an admonishment was
issued, provided the admonishment is the result of
misconduct alleged in the complaint and the
substance of the admonishment shall not be
disclosed.
(c) If a preliminary investigation indicates
that probable cause exists that the judge,
compensation commissioner or family support
magistrate is guilty of conduct under section
51-51i, the council shall hold a hearing
concerning the conduct or complaint. All hearings
held pursuant to this subsection shall be open. A
judge, compensation commissioner or family support
magistrate appearing before such a hearing shall
be entitled to counsel, to present evidence and to
cross-examine witnesses. The council shall make a
record of all proceedings pursuant to this
subsection. The council shall not later than
[fifteen] THIRTY days after the close of such
hearing publish its findings together with a
memorandum of its reasons therefor.
(d) No complaint against a judge,
compensation commissioner or family support
magistrate alleging conduct under section 51-51i
shall be brought under this section but within one
year from the date the alleged conduct occurred or
was discovered or in the exercise of reasonable
care should have been discovered, except that no
such complaint may be brought more than three
years from the date the alleged conduct occurred.
(e) Notwithstanding the provisions of
subsections (a) and (b) of this section, the
council shall disclose any information concerning
complaints received by the council on and after
January 1, 1978, investigations, and disposition
of such complaints to the legislative program
review and investigations committee when requested
by the committee in the course of its functions,
in writing and upon a majority vote of the
committee, provided no names or other identifying
information shall be disclosed.
(f) On and after December 19, 1991, any
judge, compensation commissioner or family support
magistrate who has been the subject of an
investigation by the Judicial Review Council as a
result of a complaint brought before such council
may request that such complaint, investigation and
the disposition of such complaint be open to
public inspection.
(g) WHENEVER A COMPLAINT AGAINST A JUDGE,
COMPENSATION COMMISSIONER OR FAMILY SUPPORT
MAGISTRATE IS PENDING BEFORE THE JUDICIAL REVIEW
COUNCIL WITHIN THE FINAL YEAR OF THE TERM OF
OFFICE OF SUCH JUDGE, COMPENSATION COMMISSIONER OR
FAMILY SUPPORT MAGISTRATE, THE JUDICIAL REVIEW
COUNCIL SHALL DESIGNATE SUCH COMPLAINT AS
PRIVILEGED AND SHALL CONDUCT AN EXPEDITED
INVESTIGATION AND HEARING SO THAT ITS DUTIES WITH
RESPECT TO SUCH COMPLAINT ARE COMPLETED IN
SUFFICIENT TIME TO ENABLE THE JUDICIAL REVIEW
COUNCIL TO MAKE ITS RECOMMENDATION CONCERNING ANY
SUCH JUDGE TO THE JUDICIAL SELECTION COMMISSION
AND THE GOVERNOR UNDER SECTION 51-51q IN A TIMELY
MANNER.
Sec. 5. Section 4-186 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Appeals from the decisions of the
administrator of the Unemployment Compensation
Act, appeals from decisions of the employment
security appeals referees to the board of review,
and appeals from decisions of the Employment
Security Board of Review to the courts, as is
provided in chapter 567, and appeals from the
Commissioner of Revenue Services to the courts, as
provided in chapters 207 to 212a, inclusive, 214,
214a, 217, 218a, 219, 220, 221, 222, 223, 224,
225, 227, 228b, 228c, 228d, 228e and 229 and
appeals from decisions of the Secretary of the
Office of Policy and Management pursuant to
sections 12-242hh, 12-242ii and 12-242kk, are
excepted from the provisions of this chapter.
(b) In the case of conflict between the
provisions of this chapter and the provisions of
chapter 567 and provisions of the general statutes
relating to limitations of periods of time,
procedures for filing appeals, or jurisdiction or
venue of any court or tribunal governing
unemployment compensation, employment security or
manpower appeals, the provisions of the law
governing unemployment compensation, employment
security and manpower appeals shall prevail.
(c) The Employment Security Division and the
Board of Mediation and Arbitration of the state
Labor Department, the Claims Commissioner, and the
Workers' Compensation Commissioner are exempt from
the provisions of section 4-176e and sections
4-177 to 4-183, inclusive.
(d) The provisions of this chapter shall not
apply: (1) To procedures followed or actions taken
concerning the lower Connecticut River
conservation zone described in chapter 477a and
the upper Connecticut River conservation zone
described in chapter 477c, (2) to the
administrative determinations authorized by
section 32-9r concerning manufacturing facilities
in distressed municipalities, (3) to the rules
made pursuant to section 9-436 for use of paper
ballots and (4) to guidelines established under
section 22a-227 for development of a municipal
solid waste management plan.
(e) The provisions of this chapter shall
apply to the Board of Governors of Higher
Education in the manner described in section 10a-7
and to the Department of Correction in the manner
described in section 18-78a.
(f) The provisions of section 4-183 shall
apply to the Psychiatric Security Review Board in
the manner described in section 17a-597, and to
appeals from the condemnation of a herd by the
Commissioner of Agriculture in the manner
described in section 22-288a.
(g) The provisions of section 4-183 shall
apply to special education appeals taken pursuant
to subdivision (4) of subsection (d) of section
10-76h, in the manner described therein. The final
decision rendered in the special education
hearings pursuant to section 10-76h shall be
exempt from the provisions of section 4-181a.
(h) The Higher Education Supplemental Loan
Authority and the Municipal Liability Trust Fund
Committee are not agencies for the purposes of
this chapter.
(i) Guidelines, criteria and procedures
adopted pursuant to section 10a-225 by the
Connecticut Higher Education Supplemental Loan
Authority and the state-wide solid waste
management plan adopted under section 22a-227
shall not be construed as regulations under this
chapter.
(j) THE JUDICIAL REVIEW COUNCIL IS EXEMPT
FROM THE PROVISIONS OF SECTIONS 4-175 TO 4-185,
INCLUSIVE.
Sec. 6. Section 51-51q of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The Judicial Review Council shall submit
its recommendations concerning the nomination for
appointment to a different court of any judge or
nomination for reappointment of any judge whose
term of office is about to expire, including a
report of any complaint filed against any such
judge and the disposition of any such complaint,
and including any investigation of any such judge
by the council, to the Governor, to the Judicial
Selection Commission and to the standing committee
on judiciary of the House of Representatives and
the standing committee on judiciary of the Senate,
or joint standing committee on judiciary, as the
case may be, provided the Judicial Selection
Commission shall not consider any investigation of
the Judicial Review Council which resulted in the
exoneration of a judge. The Judicial Review
Council shall make all complaint files concerning
any such judge available to the chairmen and
ranking members of the standing committee on
judiciary of the House of Representatives, the
standing committee on judiciary of the Senate, or
the joint standing committee on judiciary, as the
case may be. If the Judicial Review Council has
reason to believe any such judge is guilty of
judicial conduct under section 51-51i, material
neglect of duty or incompetence in the conduct of
his office, it may refuse to recommend such judge
for nomination for appointment to a different
court or for reappointment. The Judicial Review
Council shall not recommend a judge for nomination
for appointment to a different court or for
reappointment if the council finds such judge has
wilfully violated section 51-39a or has been
convicted of a felony or of a misdemeanor
involving moral turpitude.
(b) The Judicial Review Council shall submit
its recommendations concerning the reappointment
of any family support magistrate whose term of
office is about to expire, including a report of
any investigation of any such magistrate by the
council, to the Governor.
(c) The Judicial Review Council shall submit
its recommendations concerning the nomination for
reappointment of any compensation commissioner
whose term of office is about to expire, including
a report of any investigation of such compensation
commissioner by the council, to the Governor and
to the standing committee on judiciary of the
House of Representatives and the standing
committee on judiciary of the Senate, or the joint
standing committee on judiciary, as the case may
be.
(d) IF A COMPLAINT AGAINST ANY SUCH JUDGE,
COMPENSATION COMMISSIONER OR FAMILY SUPPORT
MAGISTRATE IS RECEIVED BY THE JUDICIAL REVIEW
COUNCIL AND THE JUDICIAL REVIEW COUNCIL IS UNABLE
TO MAKE ITS FINDINGS AND COMPLETE ITS DUTIES WITH
RESPECT TO SUCH JUDGE, COMPENSATION COMMISSIONER
OR FAMILY SUPPORT MAGISTRATE PRIOR TO THE
EXPIRATION OF THE TERM OF OFFICE OF SUCH JUDGE,
COMPENSATION COMMISSIONER OR FAMILY SUPPORT
MAGISTRATE, THE JUDICIAL REVIEW COUNCIL SHALL NOT
REFUSE TO RECOMMEND SUCH JUDGE, COMPENSATION
COMMISSIONER OR FAMILY SUPPORT MAGISTRATE FOR
REAPPOINTMENT BASED ON SUCH COMPLAINT, BUT SHALL
REPORT THE FACT OF SUCH COMPLAINT TO THE GOVERNOR
AND THE JOINT STANDING COMMITTEE ON JUDICIARY OF
THE GENERAL ASSEMBLY.
Sec. 7. Section 52-329 of the general statutes
is repealed and the following is substituted in
lieu thereof:
When the effects of the defendant in any
proposed or pending civil action in which a
judgment or decree for the payment of money may be
rendered are concealed in the hands of his agent
or trustee so that they cannot be found or
attached, or when a debt other than earnings, as
defined in subdivision (5) of section 52-350a, is
due from any person to such defendant, or when any
debt, legacy or distributive share is or may
become due to such defendant from the estate of
any deceased person or insolvent debtor, the
plaintiff may insert in his writ, subject to the
provisions of sections 52-278a to 52-278g,
inclusive, a direction to the officer to leave a
true and attested copy thereof and of the
accompanying complaint, at least twelve days
before the return day, with such agent, trustee or
debtor of the defendant, or, as the case may be,
with the executor, administrator or trustee of
such estate, or at the usual place of abode of
such garnishee; and from the time of leaving such
copy all the effects of the defendant in the hands
of any such garnishee, and any debt due from any
such garnishee to the defendant, and any debt,
legacy or distributive share, due or that may
become due to him from such executor,
administrator or trustee in insolvency, not exempt
from execution, shall be secured in the hands of
such garnishee to pay such judgment as the
plaintiff may recover. NOTWITHSTANDING ANY
PROVISION OF LAW, THE REMEDY PROVIDED BY THIS
SECTION SHALL BE AVAILABLE TO ANY JUDGMENT
CREDITOR AND THE STATUS OF THE DEFENDANT AS AN
ELECTED OR APPOINTED OFFICIAL OF ANY BRANCH OF THE
GOVERNMENT OF THIS STATE MAY NOT BE INTERPOSED AS
A DEFENSE.
Sec. 8. Section 52-361a of the general
statutes is amended by adding subsection (k) as
follows:
(NEW) (k) Notwithstanding any provision of
law, the remedy provided by this section shall be
available to any judgment creditor and the status
of the defendant as an elected or appointed
official of any branch of the government of this
state may not be interposed as a defense.
Approved June 13, 1997