Substitute Senate Bill No. 1365

Public Act No. 99-267

An Act Concerning Violation of the Code of Ethics by Workers' Compensation Commissioners and the Nomination of an Associate Judge of the Supreme Court to be Chief Justice.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 51-51i of the general statutes is repealed and the following is substituted in lieu thereof:

(a) In addition to removal by impeachment and removal by the Governor on the address of two-thirds of each house of the General Assembly as provided in the Connecticut Constitution, a judge shall be subject, in the manner and under the procedures provided in this chapter to censure, suspension or removal from office for (1) conduct prejudicial to the impartial and effective administration of justice which brings the judicial office in disrepute, (2) wilful violation of section 51-39a or any canon of judicial ethics, (3) wilful and persistent failure to perform [his duty] the duty of a judge, (4) neglectful or incompetent performance of [his duties] the duties of a judge, (5) final conviction of a felony or of a misdemeanor involving moral turpitude, (6) disbarment or suspension as an attorney-at-law, (7) wilful failure to file a financial statement or the filing of a fraudulent financial statement required under section 51-46a, or (8) temperament which adversely affects the orderly carriage of justice.

(b) In addition to removal by the Governor for cause pursuant to subsection (f) of section 46b-231, a family support magistrate shall be subject, in the manner and under the procedures provided in this chapter to censure, suspension or removal from office for (1) conduct prejudicial to the impartial and effective administration of justice which brings the magisterial office in disrepute, (2) wilful violation of section 51-39a or any canon of judicial ethics, (3) wilful and persistent failure to perform [his duty] the duty of a magistrate, (4) neglectful or incompetent performance of [his duties] the duties of a magistrate, (5) final conviction of a felony or of a misdemeanor involving moral turpitude, (6) disbarment or suspension as an attorney-at-law, (7) wilful failure to file a financial statement or the filing of a fraudulent financial statement required under section 51-46a, or (8) temperament which adversely affects the orderly carriage of justice.

(c) In addition to removal by the Governor for cause pursuant to subsection (e) of section 31-276, a compensation commissioner shall be subject, in the manner and under procedures provided in this chapter to censure, suspension or removal from office for (1) conduct prejudicial to the impartial and effective administration of [his duties] the duties of a compensation commissioner which brings the office of compensation commissioner in disrepute, (2) wilful violation of any provision of the code of ethics for workers' compensation commissioners, [(2)] (3) wilful and persistent failure to perform [his duty, (3)] the duty of a compensation commissioner, (4) neglectful or incompetent performance of [his duties, (4)] the duties of a compensation commissioner, (5) final conviction of a felony or a misdemeanor involving moral turpitude, [(5)] (6) disbarment or suspension as an attorney-at-law, or [(6)] (7) temperament which adversely affects the orderly carriage of [his duties] the duties of a compensation commissioner.

Sec. 2. Subsection (h) of section 51-44a of the general statutes is repealed and the following is substituted in lieu thereof:

(h) (1) Judges of all courts, except those courts to which judges are elected, shall be nominated by the Governor exclusively from the list of candidates or incumbent judges submitted by the Judicial Selection Commission. The Governor shall nominate a candidate for a vacancy in a judicial position within forty-five days of the date he receives the recommendations of the commission. When considering the nomination of an incumbent judge for reappointment to the same court, the Governor may nominate the incumbent judge if the commission did not deny recommendation for reappointment. Whenever an incumbent judge is denied recommendation for reappointment to the same court by the commission or is recommended by the commission but not nominated by the Governor for reappointment to the same court, or whenever a vacancy in a judicial position occurs or is anticipated, the Governor shall choose a nominee from the list of candidates compiled pursuant to subsection (f) of this section. (2) Notwithstanding the provisions of subdivision (1) of this subsection and subsection (f) of this section, the Governor may nominate an associate judge of the Supreme Court to be Chief Justice of the Supreme Court without such judge being investigated and interviewed by the commission and being on the list of qualified candidates compiled and submitted to the Governor by the commission.

Sec. 3. This act shall take effect from its passage.

Approved July 8, 1999

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