Column by Senator Sam Caligiuri

As a legislator who is extremely interested in criminal justice issues, I am very pleased to have been recently appointed to the General Assembly’s Judiciary Committee. It is my hope that serving on this committee will allow me to be a stronger voice for legislation that will lead to a safer Connecticut for all of us. I am looking forward to the opportunity to work on these issues.

The first issue that I have dealt with as a member of the Judiciary Committee is the appointment of judges. It occurred to me that you might be interested in learning more about the process by which Connecticut judges are appointed. The Judiciary Committee oversees the appointment and re-appointment of the state’s judges.

In Connecticut, all judges with the exception of Probate Court judges are appointed. Probate Court judges, who have jurisdiction over estates, testamentary trusts, adoptions, conservators, commitment of the mentally ill, guardians and the estates of minors, are elected to four-year terms by voters living in the probate court districts. Probate judges need not be attorneys. All other Connecticut judges must be attorneys.

By law, there are 196 Superior Court judges in Connecticut. The Superior Court hears all legal controversies except those over which the Probate Court has jurisdiction. They must retire at age 70, or become senior judges or referees who preside over certain limited types of cases. The Appellate Court reviews Superior Court decisions to determine if errors in law were made. There are nine Appellate Court judges. The Supreme Court, Connecticut’s highest court, reviews decisions made in the Superior Court to determine if any errors in law were made, and also reviews selected decisions of the Appellate Court. The Supreme Court consists of a Chief Justice and six associate justices. Justices who are eligible and who are not yet 70 may assume senior status and remain as members of the court.

The process for becoming a judge is long and complex. Anyone who wants to be appointed a judge in Connecticut, whether to the Superior Court, Appellate Court, or Supreme Court, must first apply to the Judicial Selection Commission. The Commission requests extensive information about candidates’ personal and professional background as well as references. The Commission also interviews candidates. The end result of this process is a recommendation by the Commission as to whether the applicant is qualified to become a judge. Not every applicant is recommended by the Commission.

Whenever there are vacancies in judgeships, the Governor must nominate individuals to fill those vacancies, but she can only do so from the pool of candidates recommended by the Commission. All nominees must testify before the Judiciary Committee about their appointments. These hearings afford the members of the Judiciary Committee the opportunity to review each nominee’s qualifications and to ask them questions about their background, judicial philosophy and other related matters. Members of the public are welcome to attend the Judiciary Committee hearings. Furthermore, members of the public can testify, or submit written testimony, about judicial candidates.

Once the hearings are complete, the Judiciary Committee members vote on each nominee. If a nominee is approved by the Judiciary Committee his or her appointment is then presented to the full General Assembly for a vote. Each nominee must be approved by a vote of the members of the House of Representatives and the Senate before the appointment is officially approved.

Judges are appointed to eight-year terms. The process I have described is also used for judges who wish to be reappointed. This includes the need to be recommended by the Judicial Selection Commission. Once appointed, most, but not all, Connecticut judges who seek reappointment retain their jobs.

I believe that Connecticut has a strong judicial selection process, though other states handle the process differently. Some states elect all of their judges, while others appoint some and elect some. I favor appointing, rather than electing, judges because I believe that Connecticut’s system minimizes the role that politics can play in judicial decisions. However, because of the appointment process, I think it is especially important for us to closely scrutinize a candidate’s judicial philosophy. In addition to having strong professional and academic credentials, it is vitally important to have judges who will strictly interpret the laws and the constitution and not legislate from the bench. Judicial activism can be dangerous because it can take away from the people their ability to make law directly or through their elected representatives to the General Assembly.

I hope you have found this column interesting and informative. I would like to hear your thoughts regarding Connecticut’s judicial selection process, or regarding any other issue important to our state. I can be reached at my legislative office in Hartford at 860-240-8800, or via e-mail at Sam.Caligiuri@cga.ct.gov.