Procedure
PROCEDURE
Any person can present a complaint to the Council by obtaining a complaint form from any Superior Court clerk's office or by writing or calling the Judicial Review Council office. The complaint, which must be in writing, sworn to and signed, must state facts that substantiate the alleged misconduct.
The complaint must be against a person who is a judge, family support magistrate, or workers' compensation commissioner within the jurisdiction of the Council.
Each complaint is screened by the staff to determine that the above requirements are met. If the complaint is against a person not under the jurisdiction of the Council, the complaint is directed to the proper agency.
Every complaint is investigated by the Council, except any barred by the one-year statute of limitation.
If the Council determines that a complaint cannot be decided on the information supplied by the complainant, it may request further information, court transcripts and/or audio tapes, or obtain interviews with witnesses.
The judge, family support magistrate, or workers' compensation commissioner complained against may file a reply to the complaint together with any evidence or documentation he or she wishes to include.
If, after investigation, the Council determines that no misconduct has occurred, it dismisses the complaint.
If the Council determines that misconduct may have occurred, it schedules a confidential probable cause hearing. The respondent may request that the hearing be public. At such a hearing, the executive director produces, through witnesses and documents, evidence relevant to the alleged misconduct. The judge, family support magistrate, or workers' compensation commissioner has the right to be present, to be represented by counsel, to examine and cross-examine witnesses and submit any evidence in defense of the complaint.
If the Council finds probable cause, the Council is required under Connecticut General Statutes Section 51-51l(c) to hold a hearing concerning the conduct or complaint. All such hearings are required to be open to the public. Again, the judge may appear and is entitled to counsel, to present evidence and to cross-examine witnesses.
In a litigated matter, whether it be a confidential probable cause hearing or a full public hearing, the executive director represents the Council. In all its determinations, however, the Council acts alone, without the presence of the executive director or any other non-member.
On the conclusion of the testimony, arguments and briefs, if any, the Council may take any of seven actions allowed by law:
1. Publicly censure the judge, family support magistrate, or workers’ compensation commissioner
2. Suspend the judge, family support magistrate, or workers’ compensation commissioner for a definite term not to exceed one year
3. Refer the matter to the Supreme Court with a recommendation that the judge or family support magistrate be suspended for a period longer than one year
4. Refer the matter to the Supreme Court with a recommendation that the judge or family support magistrate be removed from judicial office
5. Refer the matter to the Governor with a recommendation that the workers’ compensation commissioner be removed from office
6. Exonerate the judge, family support magistrate, or workers’ compensation commissioner from all charges
7. Admonish the judge, family support magistrate, or workers’ compensation commissioner and recommend a change in judicial conduct or practice, if necessary, if the Council finds that judicial conduct under Connecticut General Statutes Section 51-51i has not occurred, but he or she has acted in a manner which gives the appearance of impropriety or constitutes an unfavorable judicial practice
The public censure is filed with the Chief Justice, the Chief Court Administrator, and the joint standing committee on judiciary and, after time to appeal has expired, published in the Connecticut Law Journal.
If an admonishment is issued, the complainant is notified, but the substance of the admonishment is not disclosed. Effective October 1, 2005, if an admonishment is issued, Connecticut General Statutes Section 51-51l(b) requires the Council to also notify the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary that an admonishment was issued and provide said committee with the substance of the admonishment, including copies of the complaint file.