I.

CREATION

The establishment of the Judicial Review Council was authorized by Article XI of Amendments to the Constitution of the State of Connecticut adopted on November 24, 1976.

Pursuant to that constitutional authorization, the General Assembly, in 1977, enacted legislation creating the Judicial Review Council and granting it powers to oversee judicial conduct.

That legislation, amended over the years, is embodied in Sections 51-51i through 51-51t, 51-45c, and 51-49 of the Connecticut General Statutes.

II.

PURPOSE OF THE COUNCIL

The judiciary is the cornerstone of our democracy and, if the public is confident that our judges, compensation commissioners, and family support magistrates have integrity, are impartial, are independent, and act with propriety, the public will support the judiciary as it functions within our legal system. The public has a right to pursue a remedy in cases involving judicial misconduct or disability, just as it has the right of appeal from legal errors. One aim of the Council is to help distinguish between these two. The Council also has a responsibility to judges, compensation commissioners, and family support magistrates, whose careers can be damaged by false and inaccurate charges. The Council makes every effort to act in the public interest while safeguarding individual rights and reputations of judges, compensation commissioners, and family support magistrates from unfounded accusations.

The Council cannot conduct a review of a judge's, compensation commissioner's, or a family support magistrate's decision or ruling in a case. Only an appellate court has the power to change wrong decisions.

III.

COUNCIL COMPOSITION

1. The Judicial Review Council is composed of the following members appointed by the Governor with the approval of the General Assembly:

1. Three judges of the Superior Court, who are not also judges of the Supreme Court;
2. Three attorneys-at-law admitted to practice in this state;
3. Six persons who are not judges or attorneys-at-law;
4. One alternate who is a compensation commissioner who shall serve in lieu of a judge, as designated by the executive director, when the subject of the complaint or investigation is a compensation commissioner;
5. One alternate who is a family support magistrate who shall serve in lieu of a judge, as designated by the executive director, when the subject of the complaint or investigation is a family support magistrate;
6. Two alternates who are judges of the Superior Court, who are not also judges of the Supreme Court, who shall serve at probable cause hearings and public hearings in lieu of a member who is a judge when such member is absent or disqualified, as designated by the chairperson of the Council;
7. Two alternates who are attorneys-at-law, admitted to practice in this state, who shall serve at probable cause hearings and public hearings in lieu of a member who is an attorney-at-law when such member is absent or disqualified, as designated by the chairperson of the Council;
8. Three alternates who are not judges or attorneys-at-law, who shall serve at probable cause hearings and public hearings in lieu of a member who is a person who is not a judge or attorney-at-law when such member is absent or disqualified, as designated by the chairperson of the Council.

2. 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.

3. The terms of all members shall be as set forth in section 51-51k(c) of the General Statutes.

4. The Executive Director, who is not a member of the Council, is an attorney admitted to practice law in Connecticut, but not engaged in the private practice of law.

The public members, who compose one-half of the Council, are very important to the complaint process. These members come from diversified fields and bring to the Council a viewpoint much different than that of judge and attorney members.

IV.

JURISDICTION

1. JUDGES, COMPENSATION COMMISSIONERS, AND FAMILY SUPPORT MAGISTRATES

The Council has jurisdiction over justices of the Supreme Court, judges of the Appellate Court and the Superior Court, compensation commissioners, and family support magistrates. The Council may admonish, censure, suspend for up to one year, recommend suspension of more than one year, or recommend removal from office. The Council has no jurisdiction over probate judges, small claims magistrates, or motor vehicle magistrates.

The Council has the authority to investigate conduct of a judge, compensation commissioner, or family support magistrate, including conduct prejudicial to the impartial administration of justice which brings his or her office in disrepute, the use of the office for financial gain, the violation of the Judicial Code of Conduct, the willful and persistent failure to perform, or neglectful or incompetent performance of his or her duties, or temperament that adversely affects the orderly carriage of justice.

The Council also has the responsibility of investigating whether a judge's or family support magistrate's ability to fully perform his or her duties is or may be impaired by mental infirmity or mental illness, drug dependency, and/or alcohol addiction.

The Council has the responsibility of investigating and determining whether a judge, certain state's attorneys, or certain public defenders should be retired when he or she cannot adequately perform the duties of the office due to permanent incapacity.

2. OTHER JUDGES, MAGISTRATES, AND ATTORNEYS

a. Complaints concerning probate judges should be directed to the Probate Court Administration, 186 Newington Road, West Hartford, CT 06110-2320.

b. Complaints against small claims magistrates and motor vehicle magistrates should be directed to Mary B. O’Connor, Deputy Director, Superior Court Operations, 275 Spring Street, Wethersfield, CT 06109.  (860) 263-2734-Phone (860) 263-2775-Fax. 

c. Complaints against federal judges should be directed to the U.S. Court of Appeals for the Second Circuit, 40 Foley Square, New York, NY 10007.

d. Complaints against attorneys should be directed to the Statewide Grievance Committee, 287 Main Street, East Hartford, CT 06118-1885.

3. APPOINTMENT AND REAPPOINTMENT OF SUPERIOR COURT JUDGES

Issues related to initial appointment and reappointment of Superior Court judges should be directed to the Judicial Selection Commission, 165 Capitol Avenue, Hartford, CT 06106-1630.

V.

COMPLAINTS

The following is a brief description of the complaint process. A more detailed technical description is set forth in Section VIII, Council Procedures.

A complaint may be filed by anyone or initiated by the Council itself. There is no fee for filing complaints. The complaint must be on a form provided by the Council, and it must be sworn to before a notary or other officer. A complaint must contain the full name of the judge, compensation commissioner, or family support magistrate complained of, the specific court involved, the name of the case, if any, and specific dates on which conduct allegedly occurred. The complainant may attach to the complaint any documents or material thought to be relevant.

The complaint should set forth with particularity the facts upon which the claim of misconduct is based. The complaint should contain any other information that would assist an investigator in checking the facts, such as the presence of a court reporter or other witness and their names and addresses.

Documents such as excerpts from transcripts may be submitted as evidence of the behavior complained about; if they are, the statement of facts should refer to the specific pages in the documents on which relevant material appears.

If the Council receives a complaint that does not use a form or is not sworn to, it will not be accepted. It will be returned to the complainant with advice as to the proper procedure to be followed.

Complaints should be typewritten, if possible. If not typewritten, they must be legible.

Complaint forms may be obtained by writing or telephoning the Council office.

Judicial Review Council
Hartford, CT 06126-0099
Phone: (860) 566-5424
Toll Free In-State 1-866-222-6075

Once a complaint, in proper form, is received, it is acknowledged and forwarded to each member of the Council.

The investigation of a complaint may include the review of transcripts and other documents, interviews of the complainant and other witnesses, and a confidential hearing.

All proceedings of the Council, except a public hearing, are confidential and not open to the complainant, public, or press.

A complaint may be dismissed at any time during the investigation. A decision to issue a private admonishment may be made after a hearing where no probable cause is found. More serious penalties are imposed only after a guilty finding has been made following a public hearing.

A complainant and the judge, compensation commissioner, or family support magistrate are notified of a dismissal or admonishment. More serious penalties are made public.

All decisions of the Council are final and not subject to review, except rights of appeal granted to the judge, compensation commissioner, or family support magistrate by statute.

A sample complaint form is included in Section X.

VI.

CONFIDENTIALITY

Council proceedings are confidential, including the fact that there is a complaint pending or an investigation of a complaint, as provided by statute.

Confidentiality is intended to encourage complainants to express their concerns without fear of reprisal and encourage witnesses to cooperate with the Council in its investigation.

Confidentiality is also required to protect a judge's, compensation commissioner's, or family support magistrate's reputation and the integrity of the judicial process from unsubstantiated allegations.

Because of the confidentiality requirements, the files and other materials of the Council are not open to inspection.

Whenever the Council concludes that there is probable cause to believe that a judge, compensation commissioner, or family support magistrate has committed prohibited conduct, such fact is made public, and all subsequent proceedings are public. The file is then open to public inspection.

VII.

COUNCIL ACTIVITY
(July 1, 2005 - June 30, 2006)

The following is a portion of the statistical report for the fiscal year July 1, 2005, to June 30, 2006. This report is furnished annually to the Governor and other state officials as required by statute.

A. Conduct Complaints

1.	Number of conduct complaints pending at beginning of period	6
2.	Number of conduct complaints received during period	64
3.	Number of conduct complaints considered during period	70
4.	Number of conduct complaints disposed of during period	58
5.	Number of conduct complaints pending at end of period	12
6.	Disposition of conduct complaints:
	a. Dismissed after investigation	51
	b. Dismissed due to withdrawal of complaint by complainant	2
	c. Dismissed due to death of respondent	0
	d. Dismissed due to resignation of respondent	1
	e. Dismissed due to being barred by the statute of limitation	4
	f. Private admonishment after investigation	0
	g. Exonerated after public hearing	0
	h. Public censure ordered after public hearing	0
	i. Suspension less than 1 year ordered after public hearing	0
	j. Recommendation of suspension of more than 1 year after public hearing	0
	k. Recommendation of removal after public hearing	0
7.	Total conduct dispositions	58

B. Disability Retirement

1.	Number of cases pending at beginning of period	0
2.	Number of cases received during period	0
3.	Number of cases considered during period	0
4.	Number of cases disposed of during period	0
5.	Disposition of Disability Retirement cases:
	a. Retirement granted	0
	b. Retirement refused	0
	c. Disposed of by resignation of applicant	0
6.	Number of Disability Retirement cases pending at end of period	0

C. Mental Illness, Mental Infirmity, Drug Dependency, or Alcohol Addiction

1.	Number of cases pending at beginning of period	0
2.	Number of cases received during period	0
3.	Number of cases considered during period	0
4.	Number of cases disposed of during period	0
5.	Number of cases pending at end of period	0

D. Miscellaneous

1.	Number of Probable Cause Hearings	1
2.	Number of Public Hearings	0
3.	Number of Judges represented in conduct complaints disposed of	56
4.	Number of Family Support Magistrates represented in conduct
	complaints disposed of	2
5.	Number of Workers' Compensation Commissioners represented in
	conduct complaints disposed of	0

E. Appeals

1.

Number of Connecticut Supreme Court decisions during period

0

The Council meets at least once each month in addition to scheduled confidential and public hearings.

The attendance of members at meetings and hearings is excellent. Most absences from hearings are due to conflicts of interest.

Many additional hours are spent by each member in preparation for hearings as well as for the monthly meetings.

Council members do not receive any compensation for their services.

VIII.

COUNCIL PROCEDURES

The following are procedures followed by the Council in handling complaints. The procedures are required by statute or regulation or adopted to provide a fair and just consideration of each complaint.

1. Complaints made to the Council shall be on forms available at each Superior Court Clerk's Office, each Workers' Compensation Commission District Office, or from the office of the executive director, Judicial Review Council.

2. The complaint shall be typewritten or hand-printed, shall be signed under oath by the complainant, and shall be sent to the Council at its address, P.O. Box 260099, Hartford, Connecticut 06126-0099.

3. All complaints shall be specific as to the full name of the judge, compensation commissioner, or family support magistrate, dates of occurrences of alleged conduct, conduct complained of, name of the case, if any, and location of the court.

4. The Council shall, not later than five days after receipt of a complaint, notify the complainant of its receipt.

5. The Council shall, not later than five days after receipt of a 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.

6. The judge, compensation commissioner, or family support magistrate may elect, within 20 days after receipt of the notice, to send a written reply to the Council and shall elect (a) that any investigation of probable cause shall be open to the public rather than closed as provided by statute and (b) whether to appear to be heard and to offer information in accordance with section 51-51l of the General Statutes.

7. Each member of the Council shall be furnished a copy of each complaint and supporting documents, if any, within five days of its receipt.

8. The Council shall review the complaint, including any attachments, and determine (a) whether it alleges conduct under section 51-51i of the General Statutes by a judge, compensation commissioner, or family support magistrate, as defined in section 51-51h, and (b) whether such complaint has been brought within the time limited by section 51-51l(d), 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.

9. The Council shall review its records of other complaints against the respondent to determine whether there is a pattern of conduct which may warrant the need for further investigation as to whether or not conduct under section 51-51i of the General Statutes has occurred.

10. The executive director may, under the direction of the Council, investigate any complaint filed pursuant to section 51-51l of the General Statutes and present evidence obtained pursuant to any such investigation to the Council, and shall seek whatever further documentation or information as may be directed by the Council.

11. The investigation shall consist of a review of the complaint, any supporting documents accompanying the complaint, transcripts, if any, or other information or evidence presented to the Council, and the judge's, compensation commissioner's, or family support magistrate's reply to the complaint, if any.

12. If, during the investigation, the Council decides that the facts disclose that a specific or particular act or conduct under section 51-51i of the General Statutes may have occurred, the complaint shall be the subject of a confidential hearing to determine whether probable cause exists to believe that said act or conduct occurred, otherwise it shall be dismissed.

13. Probable cause for these purposes shall be defined as reasonable grounds to believe that conduct as defined by section 51-51i of the General Statutes has occurred and a particular judge, compensation commissioner, or family support magistrate has committed such conduct.

14. The hearing shall be confidential, i.e. not open to the public or the complainant unless waived by the respondent.

15. The hearing shall be scheduled at a time and place to be determined by the Council, but only after reasonable notice to the judge, compensation commissioner, or family support magistrate.

16. Such notice shall be sent to the respondent by registered or certified mail, return receipt requested, with a copy of said notice being sent to any counsel for the judge, compensation commissioner, or family support magistrate.

17. Such notice shall notify the judge, compensation commissioner, or family support magistrate that he or she may attend the hearing, be represented by counsel, may elect to testify, may call witnesses, present evidence and may examine or cross examine witnesses, and shall contain the areas of conduct that will be the subject of the hearing.

18. A record shall be made of the hearing.

19. Any reporter or language interpreter present at the hearing shall be sworn as to confidentiality.

20. If probable cause is not found, the complaint shall be dismissed.

21. If probable cause is not found, but the Council finds that 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.

22. If, after the confidential hearing, probable cause is found, the complaint shall be the subject of a public hearing conducted in accordance with section 51-51k-8 of the Council's regulations. (See Section XI)

23. Upon completion of the investigation, the Council shall, not later than three business days after such termination, notify the complainant, if any, and the judge, compensation commissioner, or family support magistrate that the investigation has been terminated and the results thereof. Such notice shall contain the reasons for the termination with as much specificity as the confidentiality requirements allow.

24. If, after a public hearing, the Council finds the judge, compensation commissioner, or family support magistrate not guilty of such conduct, it shall exonerate him or her.

25. If the Council exonerates a judge, compensation commissioner, or family support magistrate, a copy of the proceedings and decision of the Council shall be furnished to the judge, compensation commissioner, or family support magistrate and the complainant.

26. If the judge, compensation commissioner, or family support magistrate is found guilty of such conduct, the Council may (1) publicly censure the judge, compensation commissioner, or family support magistrate, (2) suspend the judge, compensation commissioner, or family support magistrate 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 office or to the governor with a recommendation that the compensation commissioner be removed from office.

27. If public censure is recommended, the chairperson shall prepare and forward the censure in writing to the judge, compensation commissioner, or family support magistrate being censured, the chief justice, the chief court administrator, the joint standing committee on judiciary, and the complainant, at least ten days prior to the publication of the censure. The censure shall be a public record as defined in section 1-19. An appeal from the decision of the Council for public censure shall automatically stay the publication of the censure.

28. The Council shall make its findings and decisions in writing and all such findings and decisions shall be compiled and indexed.

29. The Council shall, not later than thirty days after the close of a public hearing, publish its findings together with a memorandum of its reasons therefore.

30. Any decision of the Council, made at any stage of the proceedings, shall be final and shall not be reviewable, except that a judge, compensation commissioner, or family support magistrate may appeal any decision of the Council as provided in sections 51-51r and 51-51n(b) of the General Statutes.

IX.

CONFLICTS OF INTEREST

1. Any member of the Council who has a conflict of interest in any matter before the Council shall be disqualified from participating in any proceeding of the Council in that matter.

2. A member shall have such conflict of interest when such member, his or her spouse, his or her child, or his or her business associate (a) has a direct personal or financial interest in said matter; (b) has a business, personal, or financial relationship with any complainant, witness, or respondent in said matter; (c) has direct personal knowledge of disputed evidentiary matters before the Council; (d) is related to a complainant, witness, or respondent in said matter; (e) is a judge against whom the complainant has made a previous complaint; (f) is an attorney who has any matter pending in a trial court or an appeal court involving a respondent against whom a complaint has been made; or, (g) in any other situation, believes that he or she has, or may appear to have, a conflict of interest.

3. The fact that a member who is a judge, compensation commissioner, or family support magistrate may work with or have a social relationship with a respondent shall not, by itself, be a conflict of interest. In the event a claim of conflict on that ground is made or raised by a member, the remaining members of the Council shall examine the nature of the relationship and determine whether it would be likely to unduly influence said member or give an appearance of such possible impropriety or bias.

4. Any situation that does or may violate any professional or ethical code to which a member is subject shall constitute a conflict of interest as to that member.

Whenever a member is disqualified from a hearing due to a conflict of interest, he or she shall be replaced by the appropriate alternate member as set forth in section 51-51k of the General Statutes.