Connecticut General Statutes 45a-65 – Council’s report of its investigation and recommendation re discipline or exoneration of respondent
(a) The council shall, after the hearing provided under § 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 § 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.
Terms Used In Connecticut General Statutes 45a-65
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Probate: Proving a will
(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 to 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 § 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.