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statutes  is  repealed  and   the   following   is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