Sec. 45a-63. (Formerly Sec. 45-11e). Duties and powers of council re complaints against probate judges. - Connecticut Statutes

      Sec. 45a-63. (Formerly Sec. 45-11e). Duties and powers of council re complaints against probate judges. (a) The Council on Probate Judicial Conduct shall investigate every written complaint brought before it alleging conduct of judges of probate which may violate any law or canon of ethics applicable to judges of probate, or failure to perform properly the duties of the office, or conduct prejudicial to the impartial and effective administration of justice which brings the judicial office in disrepute, or final conviction of a felony or of a misdemeanor involving moral turpitude, or disbarment or suspension as an attorney-at-law, or the wilful failure to file a financial statement or the filing of a fraudulent financial statement required under section 45a-68. In making any such investigation the council may use the services of the Division of State Police within the Department of Public Safety, or any chief inspector, inspector or investigator in the Division of Criminal Justice, or may engage the services of private investigators if it deems such services necessary.

      (b) If (1) the complaint filed involves the judge of probate who is a member of the council, the judge shall be disqualified from acting in his capacity as a council member in the investigation and hearing on the matter, or (2) a judge of probate who is a member of the council is unable to act for any other reason, a judge of probate shall be appointed to act in his stead by the president-judge of the Connecticut Probate Assembly. If a council member appointed by the Chief Justice disqualifies himself with regard to a matter before the council, or is unable to act for any other reason, the Chief Justice shall appoint a substitute member to act in connection with such matter. If a council member appointed by the Governor disqualifies himself with regard to a matter before the council, or is unable to act for any other reason, the Governor shall appoint a substitute member to act in connection with such matter. Any substitute shall satisfy the same criteria for selection as the disqualified member.

      (c) The council may engage the services of legal counsel who shall direct any investigation ordered by the council. Such counsel may conduct the examination of witnesses, present any evidence deemed relevant, cross-examine witnesses presented by any person and perform such other duties as the council deems necessary for the conduct of its business.

      (d) The council shall not later than five days after receipt of such complaint or motion of the council notify by registered or certified mail any judge against whom such complaint is filed or motion is made and a copy of such complaint or motion shall accompany such notice. The council shall also notify the complainant of its receipt of such complaint not later than five days thereafter. Any investigation to determine whether or not there is probable cause that judicial misconduct under subsection (a) of this section has been committed shall be confidential and any individual called by the council for the purpose of providing information shall not disclose his knowledge of such investigation to a third party unless the judge requests that such investigation and disclosure be open. The judge shall have the right to appear and be heard and to offer any information which may tend to clear him of probable cause to believe that he has committed an act of judicial misconduct under subsection (a) of this section. The judge shall also have the right to be represented by legal counsel and examine and cross-examine witnesses.

      (e) The council shall, not later than seven business days after the termination of such investigation, notify the complainant and the judge that the investigation has been terminated and whether probable cause has been found that judicial misconduct under subsection (a) of this section has been committed. If the council finds that judicial misconduct under subsection (a) of this section has not been committed, but the judge has acted in a manner which gives the appearance of impropriety or constitutes an unfavorable judicial practice, the council may issue a private admonishment to the judge recommending a change in judicial conduct or practice.

      (P.A. 75-592, S. 2; P.A. 77-604, S. 27, 84; 77-614, S. 486, 610; P.A. 78-281, S. 4; P.A. 80-476, S. 21; P.A. 82-338, S. 2; P.A. 83-379, S. 1; P.A. 85-114; P.A. 90-35, S. 1; P.A. 07-115, S. 2; 07-217, S. 161.)

      History: P.A. 77-604 replaced reference to detectives with reference to chief inspectors and inspectors; P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979; P.A. 78-281 authorized investigation of wilful failure to file or filing of fraudulent financial statement; P.A. 80-476 divided section into Subsecs. and reworded provisions; P.A. 82-338 amended Subsec. (b) to permit council to hire private investigators if it deems such services necessary and added Subsec. (d) permitting employment of legal counsel to direct investigation ordered by council; P.A. 83-379 deleted former Subsec. (a), relettering former Subsecs. (b) to (d) accordingly, adding provision requiring council to investigate every written complaint and adding "conduct prejudicial to the impartial and effective administration of justice", "final conviction of a felony or of a misdemeanor involving moral turpitude" and "disbarment or suspension as an attorney at law" as grounds for complaint, and added Subsecs. (d) and (e) re notification of judge against whom complaint is filed and of complainant, confidentiality of investigation to determine probable cause, right to a hearing and counsel and issuance of an admonishment; P.A. 85-114 amended Subsec. (e) to require notification re probable cause; P.A. 90-35 amended Subsec. (b) by adding provision re appointment of substitute members of the council if member disqualifies himself or is unable to act for any other reason and amended Subsecs. (d) and (e) by changing "conduct" to "misconduct" and adding "private" before "admonishment"; Sec. 45-11e transferred to Sec. 45a-63 in 1991; P.A. 07-115 amended Subsec. (e) to substitute "seven business days" for "three business days" and make a technical change; P.A. 07-217 made a technical change in Subsec. (e), effective July 12, 2007.

      Annotations to former section 45-11e:

      Cited. 193 C. 180. Cited. 215 C. 553. Cited. 240 C. 157.

      Subsec. (b):

      Cited. 192 C. 704.

      Annotation to present section:

      Cited. 240 C. 157.