2005 Connecticut Code - Sec. 45a-65. (Formerly Sec. 45-11g). Report of council\'s findings. Public admonishment; private admonishment; public censure; impeachment; exoneration.

      Sec. 45a-65. (Formerly Sec. 45-11g). Report of council's findings. Public admonishment; private admonishment; public censure; impeachment; exoneration. (a) The council shall, after the hearing provided under section 45a-64, prepare a report of its investigation and a recommendation as to whether the judge of probate investigated should be publicly admonished, publicly censured or exonerated of the allegations of the complaint. If the council finds that judicial misconduct under subsection (a) of section 45a-63, 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.

      (b) If public admonishment or public censure is recommended, the chairman shall prepare and forward the admonishment or censure in writing to the judge of probate being admonished or censured, signing the admonishment or censure as chairman of the council. A judge may, within twenty days after receiving notice of public admonishment or censure by the council, appeal to the Supreme Court of Connecticut. A judge filing an appeal shall give notice of its filing to the council before the expiration of time for filing of an appeal. The council shall, within two weeks following receipt of notice of an appeal, file a finding of fact and conclusions therefrom. A copy of the admonishment or censure shall be furnished the Chief Justice, the Chief Court Administrator, the Probate Court Administrator, the president-judge of the Connecticut Probate Assembly, the town clerk or clerk in each town in the district served by such judge of probate and the complainant.

      (c) If, in the judgment of the council, the facts so warrant, it may recommend to the House of Representatives the institution of impeachment proceedings.

      (d) If the council exonerates a judge of probate, a copy of the proceedings and report of the council shall be furnished to the judge, the Probate Court Administrator and the complainant.

      (e) Except as provided in subsections (d) and (e) of section 45a-63, all decisions of the council shall be public record and shall be available for inspection at the office of the Probate Court Administrator.

      (P.A. 75-592, S. 4; P.A. 80-476, S. 23; P.A. 82-338, S. 4; P.A. 83-379, S. 3; P.A. 90-35, S. 3.)

      History: P.A. 80-476 redesignated Subsecs. and reworded provisions but made no substantive change; P.A. 82-338 added provisions re public reprimand of judges, required copy of reprimand to be furnished to town clerk and complainant, required copy of censure to be furnished complainant, required copy of proceedings and report of exoneration to be furnished to the probate court administrator and complainant and provided all decisions of council shall be public record, except as provided in Subsecs. (b) and (c); P.A. 83-379 amended Subsec. (a) by adding provisions re admonishment, amended Subsec. (b) by adding "or censure" and deleting provision re stay of publication of censure during pendency of appeal and deleted provisions of Subsec. (c) re public censure; P.A. 90-35 changed "public reprimand" to "public admonishment", added "private" before "admonishment" and changed "conduct" to "misconduct"; Sec. 45-11g transferred to Sec. 45a-65 in 1991.

      Annotations to former section 45-11g:

      Cited. 192 C. 704, 707, 708. Cited. 193 C. 180, 192, 201, 205. Cited. 215 C. 553, 557.

      Subsec. (a):

      Cited. 192 C. 704, 725. Cited. 193 C. 180, 182. Cited. 215 C. 553, 560, 567.

      Subsec. (b):

      Cited. 215 C. 553, 557, 561, 563.

      Subsec. (c):

      Cited. 193 C. 180, 182.

      Subsec. (d):

      Cited. 192 C. 704, 725.