Criminal Justice Commission

Minutes of the Special Meeting
June 6, 2019
Legislative Office Building
Hartford, Connecticut

The Criminal Justice Commission met for a Special Meeting on Thursday, June 6, 2019, at the Legislative Office Building. The Honorable Andrew J. McDonald, Chair, convened the meeting at 2:10 p.m.

Also in attendance was The Honorable Melanie L. Cradle, attorneys Robert Berke, Reginald Dwayne Betts, Scott Murphy and Moy N. Ogilvie and Chief State’s Attorney Kevin T. Kane.

Chief State’s Attorney Kane administered the oath of office to Justice McDonald as a member and Chair of the Commission. Justice McDonald then administered the oath of office individually to Chief State’s Attorney Kane, attorneys Berke, Murphy, Ogilvie, Betts and Judge Cradle as members of the Commission.

Justice McDonald noted the meeting was being televised on the Connecticut Network (CT-N) and invited members of the public to sign up if they wished to speak.

Chief State’s Attorney Kane gave an overview of the Commission, its history and past practices noting the long history of public prosecution dating to 1704 in colonial Connecticut and the continuing strong belief that prosecutors must be chosen on the basis of merit and insulated from the political pressures of the day. The Chief State’s Attorney distributed copies of an article by the late Justice Maltbie recounting the role of State’s Attorney Homer Cummings in the case of State v. Harold Israel as an exemplification of the role of the prosecutor in achieving justice.

Justice McDonald noted that the Commission members received copies of the constitutional amendment establishing the Commission as well as supporting statutory provisions. Justice McDonald suggested that the Commission should consider reviewing its official Regulations (Regulations of Connecticut State Agencies, Section 51-275a-3).

Justice McDonald reported on Senate Bill No. 880, adopted during the 2019 Regular Session of the General Assembly and its requirements concerning Commission meetings at the Legislative Office Building. He noted that most Commission appointments are for Deputy Assistant State’s Attorneys, which can continue to be conducted in a confidential setting.

Justice McDonald noted that the Commission regulations provide a process for investigation of complaints against the Chief State’s Attorney, Deputy Chief State’s Attorneys and State’s Attorneys, but that complaints against all other prosecutors are governed by collective bargaining and not within the Commission’s jurisdiction.

Justice McDonald reviewed the process for bringing candidates for Deputy Assistant State’s Attorney positions before the Commission. Most recently, the Commission has asked the State’s Attorney to present five candidates although the number can vary depending on the circumstances. Binders containing information on candidates for vacancies now ready for Commission consideration were distributed.

Justice McDonald reiterated the need for the Commission to work to broaden the pool of applicants and achieve greater diversity. Chief State’s Attorney Kane and attorney Ogilvie noted the Division’s involvement with the Lawyers Collaborative for Diversity. The importance of the Division’s internship program also was noted. Chief State’s Attorney Kane reported that the Division for many years has become increasingly engaged with law schools and law students. The Commission on Human Rights and Opportunities (CHRO) monitors the Division’s practices very closely as it does with all other state agencies.

Justice McDonald introduced Executive Assistant State’s Attorney Brian Austin, Jr., and Thomas Hennick of the state Freedom of Information Commission who briefed the Commission on the FOI law and its applicability to Commission proceedings. It was noted that all meetings are considered special meetings unless a regular schedule of meetings is posted at the beginning of the year.

Executive Assistant State’s Attorney Austin briefed the Commission on the State Code of Ethics for Public Officials and its applicability. Copies of the “Public Officials and State Employees Guide to the Code of Ethics” were distributed. Justice McDonald noted that it is customary for Commission members to disclose if they have prior knowledge or dealings with candidates for positions.

Several dates for meetings to fill vacancies were distributed but no date for the next meeting was scheduled. Commission members expressed support for meeting for full-day sessions as opposed to multiple half-day sessions. Chief State’s Attorney Kane reported that the Division hopes to fill four positions in the Judicial District of Danbury, three in the Judicial District of Stamford/Norwalk and one in the Judicial District of Ansonia/Milford by early August.

There was no public comment.

There being no further business, Chief State’s Attorney Kane made a motion to adjourn. Attorney Murphy seconded the motion, it passed unanimously, and the meeting adjourned at 3:10 p.m.