Sec. 45a-64. (Formerly Sec. 45-11f). Hearing. - Connecticut Statutes

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Statutes > Connecticut > Title45a > Chap801 > Sec45a-64

      Sec. 45a-64. (Formerly Sec. 45-11f). Hearing. If a preliminary investigation indicates that probable cause exists that the judge has committed an act of judicial misconduct under section 45a-63, the council shall hold a hearing concerning the misconduct or complaint. All hearings held pursuant to this section shall be open. The council shall make a record of all proceedings pursuant to this section. The council shall, not later than fifteen days after the close of such hearing, publish its findings together with a memorandum of its reasons therefor. Any judge of probate who is under investigation and who appears before the hearing shall be entitled to counsel, shall be entitled to present evidence, and shall have the right to cross-examine witnesses.

      (P.A. 75-592, S. 3; P.A. 80-476, S. 22; P.A. 82-338, S. 3; P.A. 83-379, S. 2; P.A. 90-35, S. 2.)

      History: P.A. 80-476 reworded provisions but made no substantive change; P.A. 82-338 specified that decisions of council are not public records, "except as provided in subsection (f) of section 45-11g"; P.A. 83-379 revised provisions re hearing after a determination of probable cause, requiring that all hearings be open, that the council publish its findings together with a memorandum not later than 15 days after the close of the hearing and that judge under investigation is entitled to present evidence; P.A. 90-35 changed "is guilty of judicial conduct" to "has committed judicial misconduct" and changed "conduct" to "misconduct"; Sec. 45-11f transferred to Sec. 45a-64 in 1991.

      Annotations to former section 45-11f:

      Cited. 193 C. 180. Cited. 215 C. 553.

      Annotation to present section:

      Cited. 224 C 29.

State Codes and Statutes

Statutes > Connecticut > Title45a > Chap801 > Sec45a-64

      Sec. 45a-64. (Formerly Sec. 45-11f). Hearing. If a preliminary investigation indicates that probable cause exists that the judge has committed an act of judicial misconduct under section 45a-63, the council shall hold a hearing concerning the misconduct or complaint. All hearings held pursuant to this section shall be open. The council shall make a record of all proceedings pursuant to this section. The council shall, not later than fifteen days after the close of such hearing, publish its findings together with a memorandum of its reasons therefor. Any judge of probate who is under investigation and who appears before the hearing shall be entitled to counsel, shall be entitled to present evidence, and shall have the right to cross-examine witnesses.

      (P.A. 75-592, S. 3; P.A. 80-476, S. 22; P.A. 82-338, S. 3; P.A. 83-379, S. 2; P.A. 90-35, S. 2.)

      History: P.A. 80-476 reworded provisions but made no substantive change; P.A. 82-338 specified that decisions of council are not public records, "except as provided in subsection (f) of section 45-11g"; P.A. 83-379 revised provisions re hearing after a determination of probable cause, requiring that all hearings be open, that the council publish its findings together with a memorandum not later than 15 days after the close of the hearing and that judge under investigation is entitled to present evidence; P.A. 90-35 changed "is guilty of judicial conduct" to "has committed judicial misconduct" and changed "conduct" to "misconduct"; Sec. 45-11f transferred to Sec. 45a-64 in 1991.

      Annotations to former section 45-11f:

      Cited. 193 C. 180. Cited. 215 C. 553.

      Annotation to present section:

      Cited. 224 C 29.

State Codes and Statutes

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State Codes and Statutes

Statutes > Connecticut > Title45a > Chap801 > Sec45a-64

      Sec. 45a-64. (Formerly Sec. 45-11f). Hearing. If a preliminary investigation indicates that probable cause exists that the judge has committed an act of judicial misconduct under section 45a-63, the council shall hold a hearing concerning the misconduct or complaint. All hearings held pursuant to this section shall be open. The council shall make a record of all proceedings pursuant to this section. The council shall, not later than fifteen days after the close of such hearing, publish its findings together with a memorandum of its reasons therefor. Any judge of probate who is under investigation and who appears before the hearing shall be entitled to counsel, shall be entitled to present evidence, and shall have the right to cross-examine witnesses.

      (P.A. 75-592, S. 3; P.A. 80-476, S. 22; P.A. 82-338, S. 3; P.A. 83-379, S. 2; P.A. 90-35, S. 2.)

      History: P.A. 80-476 reworded provisions but made no substantive change; P.A. 82-338 specified that decisions of council are not public records, "except as provided in subsection (f) of section 45-11g"; P.A. 83-379 revised provisions re hearing after a determination of probable cause, requiring that all hearings be open, that the council publish its findings together with a memorandum not later than 15 days after the close of the hearing and that judge under investigation is entitled to present evidence; P.A. 90-35 changed "is guilty of judicial conduct" to "has committed judicial misconduct" and changed "conduct" to "misconduct"; Sec. 45-11f transferred to Sec. 45a-64 in 1991.

      Annotations to former section 45-11f:

      Cited. 193 C. 180. Cited. 215 C. 553.

      Annotation to present section:

      Cited. 224 C 29.