2015 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 801 - Probate Court: Administrative Provisions
Section 45a-65 - (Formerly Sec. 45-11g). Council’s report of its investigation and recommendation re discipline or exoneration of respondent.

(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 respondent should be publicly admonished, publicly censured or exonerated of the allegations of the complaint. If the council finds that a respondent has not committed a violation under subsection (a), (b) or (c) of section 45a-63, but 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 respondent recommending a change in practice or judicial conduct.

(b) If public admonishment or public censure is recommended, the chairman shall prepare and forward the admonishment or censure in writing to the respondent, signing the admonishment or censure as chairman of the council. The respondent may, within twenty days after receiving notice of public admonishment or censure by the council, appeal to the Supreme Court of Connecticut. A respondent 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 and the complainant. If a judge or judicial candidate is the subject of the admonishment or censure, a copy of the admonishment or censure shall be furnished to the town clerk in each town in the judge’s or judicial candidate’s probate district.

(c) If, in the judgment of the council, the facts so warrant, it may recommend that (1) the House of Representatives institute impeachment proceedings against a probate judge, or (2) the Chief Justice suspend or remove a probate magistrate or attorney probate referee from office.

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

(e) Except as provided in subsections (g) and (h) 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; P.A. 15-217, S. 13.)

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; P.A. 15-217 amended Subsec. (a) by substituting “respondent” for “judge of probate investigated”, deleting provision re issuance of private admonishment to judge and adding provision re issuance of private admonishment to respondent, amended Subsec. (b) by substituting references to respondent for references to judge and by replacing provision re copy of admonishment to be furnished to town clerk in each town in district served by judge of probate with provision re copy of admonishment involving judge or judicial candidate to be furnished to town clerk in each town in judge’s or judicial candidate’s probate district, amended Subsec. (c) by designating existing provision re House of Representatives as Subdiv. (1) and amending same by adding reference to probate judge and making technical changes, and adding Subdiv. (2) re Chief Justice suspending or removing probate magistrate or attorney probate referee from office, amended Subsec. (d) by substituting references to respondent for references to judge, and amended Subsec. (e) by substituting “(g) and (h)” for “(d) and (e)”, effective July 1, 2015.