Section 51-51l - Investigation of conduct of judge, administrative law judge or family support magistrate(a) Except as provided in subsection (d) of this section, the Judicial Review Council shall investigate every written complaint brought before it alleging conduct under section 51-51i, and may initiate an investigation of any judge, administrative law judge or family support magistrate if (1) the council has reason to believe conduct under section 51-51i has occurred or (2) previous complaints indicate a pattern of behavior which would lead to a reasonable belief that conduct under section 51-51i has occurred. The council shall, not later than five days after such initiation of an investigation or receipt of such complaint, notify by registered or certified mail any judge, administrative law judge or family support magistrate under investigation or against whom such complaint is filed. A copy of any such complaint 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 conduct under section 51-51i has occurred 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 prior to the decision of the council on whether probable cause exists, unless the respondent requests that such investigation and disclosure be open, provided information known or obtained independently of any such investigation shall not be confidential. The judge, administrative law judge or family support magistrate 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 he is guilty of conduct under section 51-51i. The judge, administrative law judge or family support magistrate shall also have the right to be represented by legal counsel and examine and cross-examine witnesses. In conducting its investigation under this subsection, the council may request that a court furnish to the council a record or transcript of court proceedings, including records and transcripts of juvenile matters pursuant to section 46b-124 and records and transcripts of cases involving youthful offenders pursuant to section 54-76l, made or prepared by a court reporter, assistant court reporter or monitor and the court shall, upon such request, furnish such record or transcript.(b) The Judicial Review Council shall, not later than three business days after the termination of such investigation, notify the complainant, if any, and the judge, administrative law judge or family support magistrate that the investigation has been terminated and the results thereof. If the council finds that conduct under section 51-51i has not occurred, but the judge, administrative law judge 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, administrative law judge or family support magistrate recommending a change in judicial or magisterial conduct or practice. If an admonishment is issued, the council shall (1) 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, (2) notify the Chief Court Administrator that an admonishment was issued and provide the Chief Court Administrator with the substance of the admonishment, including copies of the complaint file, and (3) inform the complainant, if any, that an admonishment was issued if the admonishment is the result of misconduct alleged in the complaint. Except as provided in this subsection, the substance of the admonishment shall not be disclosed to any person or organization.(c) If a preliminary investigation indicates that probable cause exists that the judge, administrative law judge or family support magistrate is guilty of conduct under section 51-51i, the council shall hold a hearing concerning the conduct or complaint. All hearings held pursuant to this subsection shall be open. A judge, an administrative law judge or a family support magistrate appearing before such a hearing shall be entitled to counsel, to present evidence and to cross-examine witnesses. The council shall make a record of all proceedings pursuant to this subsection. The council shall not later than thirty days after the close of such hearing publish its findings together with a memorandum of its reasons therefor.(d) No complaint against a judge, an administrative law judge or a family support magistrate alleging conduct under section 51-51i shall be brought under this section but 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.(e) On and after December 19, 1991, any judge, administrative law judge or family support magistrate who has been the subject of an investigation by the Judicial Review Council as a result of a complaint brought before such council may request that such complaint, investigation and the disposition of such complaint be open to public inspection.(f) Whenever a complaint against a judge, an administrative law judge or a family support magistrate is pending before the Judicial Review Council within the final year of the term of office of such judge, administrative law judge or family support magistrate, the Judicial Review Council shall designate such complaint as privileged and shall conduct an expedited investigation and hearing so that its duties with respect to such complaint are completed in sufficient time to enable the Judicial Review Council to make its recommendation concerning any such judge to the Judicial Selection Commission and the Governor under section 51-51q in a timely manner.Conn. Gen. Stat. § 51-51l
(P.A. 77-494, S. 6, 18; P.A. 82-248, S. 40; 82-338, S. 5; P.A. 86-402, S. 4, 13; P.A. 89-360, S. 32, 45; P.A. 91-22 ; Nov. Sp. Sess. P.A. 91-5 , S. 1 , 3 ; P.A. 92-160 , S. 3 , 19 ; May Sp. Sess. P.A. 92-11 , S. 44 , 70 ; P.A. 96-79 , S. 2 ; P.A. 97-132 , S. 4 ; P.A. 05-114 , S. 1 ; June 12 Sp. Sess. P.A. 12-2 , S. 86 ; P.A. 17-60 , S. 13 .)
Amended by P.A. 23-0046,S. 21 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.Amended by P.A. 21-0018, S. 1 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.Amended by P.A. 17-0060, S. 13 of the Connecticut Acts of the 2017 Regular Session, eff. 7/1/2017.Amended by P.A. 12-0002, S. 86 of the Connecticut Acts of the 2012 Special Session, eff. 10/1/2012. Cited. 193 Conn. 180 ; 227 Conn. 784 ; 240 Conn. 157 . Cited. 39 CS 176 ; 42 Conn.Supp. 129 .