Substitute Senate Bill No. 1125
Substitute Senate Bill No. 1125
PUBLIC ACT NO. 97-178
AN ACT CONCERNING APPEALS, APPELLATE REVIEW AND
JUDGE TRIAL REFEREES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 51-164x of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any person affected by a court order
which prohibits any person from attending any
session of court, except any session of court
conducted pursuant to section 46b-11, 46b-49,
46b-122 or 54-76h or any other provision of the
general statutes under which the court is
authorized to close proceedings, whether at a
pretrial or trial stage, shall have the right to
[appeal] THE REVIEW OF such order by THE filing OF
a petition for review with the Appellate Court
within seventy-two hours from the issuance of such
court order.
(b) No [such] order SUBJECT TO REVIEW
PURSUANT TO SUBSECTION (a) OF THIS SECTION shall
be effective until seventy-two hours after it has
been issued, and the TIMELY filing of any petition
for review shall stay the order.
(c) ANY PERSON AFFECTED BY A COURT ORDER THAT
SEALS OR LIMITS THE DISCLOSURE OF ANY FILES,
AFFIDAVITS, DOCUMENTS OR OTHER MATERIAL ON FILE
WITH THE COURT OR FILED IN CONNECTION WITH A COURT
PROCEEDING, EXCEPT (1) ANY ORDER ISSUED PURSUANT
TO SECTION 46b-11 OR 54-33c OR ANY OTHER PROVISION
OF THE GENERAL STATUTES UNDER WHICH THE COURT IS
AUTHORIZED TO SEAL OR LIMIT THE DISCLOSURE OF
FILES, AFFIDAVITS, DOCUMENTS OR MATERIALS, WHETHER
AT A PRETRIAL OR TRIAL STAGE, AND (2) ANY ORDER
ISSUED PURSUANT TO A COURT RULE THAT SEALS OR
LIMITS THE DISCLOSURE OF ANY AFFIDAVIT IN SUPPORT
OF AN ARREST WARRANT, SHALL HAVE THE RIGHT TO THE
REVIEW OF SUCH ORDER BY THE FILING OF A PETITION
FOR REVIEW WITH THE APPELLATE COURT WITHIN
SEVENTY-TWO HOURS FROM THE ISSUANCE OF SUCH COURT
ORDER.
[(c)] (d) The Appellate Court shall provide
an expedited hearing on such [petition] PETITIONS
FILED PURSUANT TO SUBSECTIONS (a) AND (c) OF THIS
SECTION in accordance with such rules as the
judges of the Appellate Court may adopt,
consistent with the rights of the petitioner and
the parties to the case.
Sec. 2. Section 51-199 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Supreme Court shall have final and
conclusive jurisdiction of all matters brought
before it according to law, and may carry into
execution all its judgments and decrees and
institute rules of practice and procedure as to
matters before it.
(b) The following matters shall be taken
directly to the Supreme Court: (1) Any matter
brought pursuant to the original jurisdiction of
the Supreme Court under section 2 of article
sixteen of the amendments to the Constitution; (2)
an appeal in any matter where the Superior Court
declares invalid a state statute or a provision of
the state Constitution; (3) an appeal in any
criminal action involving a conviction for a
capital felony; [, class A felony, or other
felony, including any persistent offender status,
for which the maximum sentence which may be
imposed exceeds twenty years;] (4) review of a
sentence of death pursuant to section 53a-46b; (5)
any election or primary dispute brought to the
Supreme Court pursuant to section 9-323 or section
9-325; (6) an appeal of any reprimand or censure
of a probate judge, pursuant to section 45a-65;
(7) any matter regarding judicial removal or
suspension pursuant to section 51-51j; (8) an
appeal of any decision of the Judicial Review
Council pursuant to section 51-51r; (9) any matter
brought to the Supreme Court pursuant to section
52-265a; (10) writs of error, pursuant to section
52-272; and (11) any other matter as provided by
law.
(c) The Supreme Court may transfer to itself
a cause in the Appellate Court. Except for any
matter brought pursuant to its original
jurisdiction under section 2 of article sixteen of
the amendments to the constitution, the Supreme
Court may transfer a cause or class of causes from
itself, including any cause or class of causes
pending on July 1, 1983, to the Appellate Court.
The court to which a cause is transferred has
jurisdiction.
Sec. 3. Section 52-434c of the general
statutes is repealed and the following is
substituted in lieu thereof:
In addition to the powers and jurisdiction
granted to state referees under sections 52-434
and 52-434a, a Chief Justice or a judge of the
Supreme Court or Appellate Court, who has ceased
to hold office as justice or judge because of
having retired and who has become a state referee,
may be designated by the Chief Justice of the
Supreme Court to be eligible to be assigned by the
Chief Judge of the Appellate Court to perform such
duties of the office of judge of the Appellate
Court as may be requested by the Chief Judge. The
Chief Judge may assign no more than one state
referee to sit on any one panel. [No appeal shall
be referred to any panel to which a state referee
is to be assigned without the prior written
consent of the parties or their attorneys.] No
such designation may be for a term of more than
one year. In performing the duties assigned, such
retired Chief Justice or retired judge of the
Supreme Court or Appellate Court shall exercise
the same powers and jurisdiction as does a judge
of the Superior Court who is qualified to serve as
a judge on the Appellate Court.
Sec. 4. Subsection (a) of section 52-434 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) (1) Each judge of the Supreme Court, each
judge of the Appellate Court, each judge of the
Superior Court and each judge of the Court of
Common Pleas who ceases or has ceased to hold
office because of retirement other than under the
provisions of section 51-49 and who is an elector
and a resident of this state shall be a state
referee for the remainder of his term of office as
a judge and shall be eligible for appointment as a
state referee during the remainder of his life in
the manner prescribed by law for the appointment
of a judge of the court of which he is a member.
The Superior Court may refer any civil [, nonjury]
case [or with the written consent of the parties
or their attorneys, any civil jury case] pending
before the court in which the issues have been
closed to such a state referee who shall have and
exercise the powers of the Superior Court in
respect to trial, judgment and appeal in the case.
The Superior Court may, with the consent of the
parties or their attorneys, refer any criminal
case to such a state referee who shall have and
exercise the powers of the Superior Court in
respect to trial, judgment, sentencing and appeal
in the case. (2) Each judge of the Circuit Court
who has ceased to hold office because of
retirement other than under the provisions of
section 51-49 and who is an elector and a resident
of this state shall be a state referee for the
remainder of his term of office as a judge and
shall be eligible for appointment as a state
referee during the remainder of his life in the
manner prescribed by law for the appointment of a
judge of the court of which he is a member, to
whom the Superior Court may, with the written
consent of the parties or their attorneys, refer
any case pending in court in which the issues have
been closed and which the judges of the Superior
Court may establish by rule to be the kind of case
which may be heard by such referees. The referee
shall hear any such case so referred and report
the facts to the court by which the case was
referred. (3) Each judge of the Juvenile Court who
ceases or has ceased to hold office because of
retirement other than under the provisions of
section 51-49 and who is an elector and a resident
of this state shall be a state referee for the
remainder of his term of office as a judge and
shall be eligible for appointment as a state
referee during the remainder of his life in the
manner prescribed by law for the appointment of a
judge of the court of which he is a member, to
whom a judge before whom any juvenile matter is
pending may, with the written consent of the child
concerned, either of his parents or his guardian
or his attorney, refer any juvenile matter
pending. The referee shall hear any matter so
referred and report the facts to the court for the
district from which the matter was referred. (4)
In addition to the state referees who are
appointed pursuant to subdivision (1), (2) or (3)
of this subsection, the Chief Justice may appoint,
from qualified members of the bar of the state,
who are electors and residents of this state, as
many state referees as he may from time to time
deem advisable or necessary. No appointment of a
member of the bar may be for a term of more than
one year. Notwithstanding the provisions of
subsection (f) of this section, state referees
appointed by the Chief Justice from members of the
bar shall receive such reasonable compensation and
expenses as may be determined by the Chief
Justice.
Approved June 26, 1997