Connecticut Supreme Court
Encyclopedia
The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court
in the U.S. state
of Connecticut
. It consists of a Chief Justice
and six Associate Justice
s. The seven justices sit in Hartford
, across the street from the Connecticut State Capitol
. It generally holds eight sessions of two to three weeks per year, with one session each September through November and January through May. Justices are appointed by the Governor and then approved by the Connecticut General Assembly
.
includes:
Governor Dannel Malloy nominated Appellate Court Judge Lubbie Harper, Jr. to fill the seat vacated by Justice Joette Katz on February 23, 2011.
Justices must retire upon reaching the age of 70. They may continue to hear cases as Judge Trial Referees in the Superior Court or the Appellate Court. Justices may assume Senior Status before attaining age 70 and continue to sit with the Supreme Court, as needed. Justice Ellen Ash Peters took Senior Status in 1996, continuing to sit until 2000 and Justice Angelo Santaniello assumed senior status in 1987 and continued to sit as needed until 1994.
In the event of a recusal or absence, a Judge of the Appellate or Superior Court may be called to sit with the Supreme Court. One of the most recent instances of a lower court judge being called to "pinch-hit" was Judge Thomas Bishop of the Appellate Court in Bysiewicz v. Dinardo. Judge Lubbie Harper of the Appellate Court also sat with the Supreme Court in the landmark case of Kerrigan v. Commissioner of Public Health
Notable former Justices include:
In 1806, the number of Superior Court judges was increased from five to nine and those judges, sitting together, constituted the Supreme Court, replacing the Governor, Lieutenant Governor and Council Members. The General Assembly, however, retained the power to overturn the court's rulings. Twelve years later, in 1818, the Connecticut Constitution established an independent judiciary, with the Supreme Court of Errors as the state's highest court. (The words "of Errors" were deleted in 1965). The creation of an independent judiciary established the third branch of government, which is responsible for interpreting the laws enacted by the legislative branch of government.
In 1982, in response to an overwhelming Supreme Court docket, Connecticut's voters approved a constitutional amendment creating the intermediate Connecticut Appellate Court
.
(172 Conn. 615) held that the right to education in Connecticut
is so basic and fundamental that any intrusion on the right must be strictly scrutinized. The Court said that public school students are entitled to equal enjoyment of the right to education, and a system of school financing that relied on local property tax revenues without regard to disparities in town wealth and that lacked significant equalizing state support was unconstitutional. It could not pass the test of strict judicial scrutiny. The Court also held that the creation of a constitutional system for education financing is a job for the legislature and not the courts. Chief Justice House wrote the majority opinion. Justices Bogdanski, Longo, and Barber concurred in the decision, and Justice Bogdanski filed a concurring opinion. Justice Loiselle dissented from the majority opinion.
This test has subsequently formed the underpinnings of subsequent decisions concluding that the Connecticut Constitution affords greater protections than its Federal counterpart-including the Kerrigan decision discussed infra. Chief Justice Ellen Ash Peters and Justice David Shea and Justice Robert Glass joined Justice Berdon's majority opinion. Justice Alfred Covello dissented.
is a landmark Connecticut Supreme Court decision (Sheff v. O'Neill, 238 Conn. 1, 678 A.2d 1267) regarding civil rights
and the right to education
. On July 9, 1996, the Connecticut Supreme Court ruled that the state had an affirmative obligation to provide Connecticut's school children with a substantially equal educational opportunity and that this constitutionally guaranteed right encompasses the access to a public education which is not substantially and materially impaired by racial and ethnic isolation. http://www.encyclopedia.com/doc/1P3-582143061.html This was a split 4-3 decision, which was authored by Chief Justice Ellen Ash Peters
. Peters was joined in the majority opinion by Justices Robert Berdon, Flemming L. Norcott, Jr.
, and Joette Katz
. Justice David M. Borden
authored the dissent, with Justices Robert Callahan and Richard Palmer
concurring.
(2004), appealed to the U.S. Supreme Court
. The state court sided with the city in a 4-3 decision, with the majority opinion authored by Justice Norcott and joined by Justices Borden, Palmer and Vertefeuille. Justice Zarella wrote an unusually lengthy and considered dissent (joined by Justices Sullivan and Katz), due to the importance of the case and the high likelihood that the United States Supreme Court would grant certiorari. The U.S. Supreme Court upheld the Connecticut Supreme Court's decision in favor of the city, in a 5-4 decision, with the dissent written by Justice Sandra Day O'Connor
and joined by Chief Justice William Rehnquist
and Justices Antonin Scalia
and Clarence Thomas
. The Kelo decision is studied as a continuation of the expansion of governments' power to seize property through eminent domain
, although the widespread negative popular reaction has spurred a backlash in which many state legislatures have curtailed their eminent domain power.
announced his resignation amid allegations of graft and a movement to impeach him for accepting gifts. The resignation came several days after the Court ruled on June 18 that the state House Select Committee of Inquiry, which was weighing whether to impeach Rowland, could compel the governor to testify.
http://www.msnbc.msn.com/id/5241442/
Those joining the majority in this opinion (Office of the Governor v. Selected Committee of Inquiry to Recommend Whether Sufficient Grounds Exist for the House of Representatives to Impeach Governor John G. Rowland Pursuant to Article Ninth of the State Constitution, SC 17211), included Justices Borden, Norcott, Katz, Palmer and Vertefeuille. In an extraordinary action, all five majority justices signed their names as authors of the opinion.
http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR269/269cr1.pdf Dissenting were Chief Justice Sullivan and Justice Zarella.
http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR269/269cr1e.pdf
that gay and lesbian couples could not be denied the right to marry because of the Equal Protection Clause of the state constitution. This decision made Connecticut the third state (along with Massachusetts
and California
) to legalize same-sex marriage through judicial decree of the state supreme court. Chief Justice Rogers, who did not participate in the decision, was replaced by appellate Judge Lubbie Harper, Jr. The majority opinion was written by Justice Palmer, and joined by Justices Norcott, Katz, and Judge Harper. Justices Zarella, Vertefeuille, and Borden dissented.
to release thousands of legal documents from previous lawsuits filed against priests accused of sexually abusing children http://mobile.courant.com/inf/infomo?view=latest_connecticut_news_item&feed:a=courant_1min&feed:c=latestconnecticut&feed:i=47081409&nopaging=1. A dissenting opinion was authored by Justice Sullivan http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR292/292CR90E.pdf. The Connecticut Supreme Court case stemmed from a suit brought by the Boston Globe, Hartford Courant, New York Times and Washington Post in 2002. On October 5, 2009, the United States Supreme Court rejected a request by the Diocese for the court to stay or reconsider the Connecticut opinion ordering the release of the documents http://www.nytimes.com/2009/10/06/nyregion/06abuse.html. The documents were released at the Waterbury Superior Courthouse on Dec. 1, 2009 http://www.connpost.com/ci_13900709http://www.courant.com/news/priest-abuse/hc-cardinal-edward-egan-bridgeport-diocese-abuse-s,0,7261944.storyhttp://www.stamfordadvocate.com/localnews/ci_13900709?source=rss. The Diocese has provided background and a statement on the suit and its status http://www.bridgeportdiocese.com/Statement10-5.shtml.
postponed the publication of a controversial decision opposing Freedom of Information Act requests for documents that track the status and history of legal cases in the Connecticut legal system until hearings for his successor Justice Peter T. Zarella were completed. Legislators speculated Sullivan delayed the publication of the court's opinion because he feared it might damage Zarella's chances of becoming Chief Justice. Both justices ruled in favor of the restrictions. Governor M. Jodi Rell
rescinded Zarella's nomination to be Chief Justice after the Courant's revelation.
After the Hartford Courant reported Sullivan's actions, it was revealed that fellow justice David M. Borden
was the person who came forward with the information. The incident caused a firestorm in the legislature and judiciary. Sullivan was referred to the Judicial Review Council, which suspended him for violating judicial ethics rules. Angry legislators led by Senator
Andrew McDonald
grilled Sullivan at an investigative hearing, where he repeatedly apologized for his actions.
Gov. Rell nominated Chase T. Rogers
to the position of Chief Justice. Rogers is a 50-year-old mother of two with experience as an Appellate and Superior Court judge. After receiving a unanimous vote for confirmation from the General Assembly
, she was sworn in as Chief Justice on April 25, 2007.
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
. It consists of a Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
and six Associate Justice
Associate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
s. The seven justices sit in Hartford
Hartford, Connecticut
Hartford is the capital of the U.S. state of Connecticut. The seat of Hartford County until Connecticut disbanded county government in 1960, it is the second most populous city on New England's largest river, the Connecticut River. As of the 2010 Census, Hartford's population was 124,775, making...
, across the street from the Connecticut State Capitol
Connecticut State Capitol
The Connecticut State Capitol is located north of Capitol Avenue and south of Bushnell Park in Hartford, the capital of Connecticut. The building houses the Connecticut General Assembly; the upper house, the State Senate, and lower house, the House of Representatives, as well as the office of the...
. It generally holds eight sessions of two to three weeks per year, with one session each September through November and January through May. Justices are appointed by the Governor and then approved by the Connecticut General Assembly
Connecticut General Assembly
The Connecticut General Assembly is the state legislature of the U.S. state of Connecticut. It is a bicameral body composed of the 151-member House of Representatives and the 36-member Senate. It meets in the state capital, Hartford. There are no term limits for either chamber.During...
.
Current and Former Justices
The current Connecticut Supreme CourtSupreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
includes:
- Chief Justice Chase T. RogersChase T. RogersChase T. Rogers is the Chief Justice of the Connecticut Supreme Court, the second woman to serve in this capacity. She is a graduate of Stanford University and Boston University School of Law. Rogers is a Connecticut native. She was nominated by Governor M. Jodi Rell and sworn in April 25, 2007,...
- Justice Flemming L. Norcott, Jr.Flemming L. Norcott, Jr.Flemming L. Norcott, Jr. is an Associate Justice of the Connecticut Supreme Court. He was appointed to the Connecticut Superior Court in 1979 and remained there until his elevation to the Connecticut Appellate Court in 1987. He was appointed to the Connecticut Supreme Court in 1992. He also serves...
- Justice Richard N. PalmerRichard N. PalmerJustice Richard N. Palmer is an Associate Justice on the Connecticut Supreme Court. He was born on May 27, 1950 in Hartford, CT. He received his Bachelor of Arts Phi Beta Kappa, from Trinity College in Hartford in 1972...
- Justice Peter T. ZarellaPeter T. ZarellaPeter T. Zarella is an Associate Justice of the Connecticut Supreme Court . He was appointed by former Governor John G. Rowland in January 2001. Zarella is the former chair of the Connecticut Criminal Justice Commission and the current chair of the Rules Committee which has responsibility for...
- Justice C. Ian McLachlan
- Justice Dennis G. Eveleigh
- Justice Lubbie Harper, Jr. (confirmed as of March 16, 2011.)
- Senior Justice Christine S. VertefeuilleChristine S. VertefeuilleChristine S. Vertefeuille is a Senior Associate Justice on the Connecticut Supreme Court. She is a Connecticut native, born in New Britain, Connecticut...
Governor Dannel Malloy nominated Appellate Court Judge Lubbie Harper, Jr. to fill the seat vacated by Justice Joette Katz on February 23, 2011.
Justices must retire upon reaching the age of 70. They may continue to hear cases as Judge Trial Referees in the Superior Court or the Appellate Court. Justices may assume Senior Status before attaining age 70 and continue to sit with the Supreme Court, as needed. Justice Ellen Ash Peters took Senior Status in 1996, continuing to sit until 2000 and Justice Angelo Santaniello assumed senior status in 1987 and continued to sit as needed until 1994.
In the event of a recusal or absence, a Judge of the Appellate or Superior Court may be called to sit with the Supreme Court. One of the most recent instances of a lower court judge being called to "pinch-hit" was Judge Thomas Bishop of the Appellate Court in Bysiewicz v. Dinardo. Judge Lubbie Harper of the Appellate Court also sat with the Supreme Court in the landmark case of Kerrigan v. Commissioner of Public Health
Notable former Justices include:
- Anthony J. ArmentanoAnthony J. ArmentanoAnthony J. Armentano was an American politician who was the Lieutenant Governor of Connecticut from 1961 to 1963.-Early life:...
(1981–1983), Served as Lieutenant Governor and a Member of the Supreme Court. - Raymond E. BaldwinRaymond E. BaldwinRaymond Earl Baldwin was a United States Senator, the 72nd and 74th Governor of Connecticut.-Biography:Born in Rye, New York, he moved to Middletown, Connecticut in 1903 and attended the public schools. He graduated from Wesleyan University in Middletown in 1916, and entered Yale University...
(1949–1963), Only person to serve as Governor of Connecticut and Chief Justice. - Robert I. Berdon (1991-1999), An outspoken civil Libertarian, he authored 500 dissents in 8 years, opposed the death penalty, and authored the decision of State v. Geisler to assess claims of rights under the Connecticut Constitution, infra. Still active as a Judge Trial Referee in New Haven.
- Joseph W. Bogdanski (1972-1981, Chief Justice, 1981)- Modernized Connecticut jurisprudence, also an outspoken dissenter like Robert Berdon, served briefly as Chief Justice, part of the majority in Horton v. Messkill.
- David M. BordenDavid M. Borden-Judicial career:Justice Borden received his Bachelor of Arts degree from Amherst College in 1959 and his Bachelor of Laws degree from Harvard Law School in 1962...
(1990–2007) One of the original members of the Appellate Court, drafter of Connecticut's Penal Code, first Administrative Judge for the Appellate System, served as acting Chief Justice from 2006–2007, still active as a Judge Trial Referee on the Appellate Court, screening cases for transfer to the Supreme Court. - Alfred V. CovelloAlfred V. CovelloAlfred V. Covello is a United States federal judge.Covello was born in Hartford, Connecticut. He received an A.B. from Harvard University in 1954, and then an LL.B. and a J.D. from the University of Connecticut School of Law in 1960. He was in the United States Army Personnel Specialist from 1955...
(1987–1992), Currently a Federal District Judge - Joseph Dannehy (1984-1987), One of two jurists to sit at all five levels of Connecticut's judiciary, first Chief Presiding Judge of the Connecticut Appellate Court.
- Robert Glass (1987-1992), First African-American named to the Supreme Court, the Waterbury Juvenile Matters Courthouse is now named for him.
- Arthur Healey (1979-1990), Also served with Ellen Ash Peters and David Shea and innovated State Constitutional Law, former Chief Judge of the Superior Court before the major judicial reorganization of 1978. Still extremely respected.
- T. Clark HullT. Clark HullTreat Clark Hull was an American politician and lawyer who was the Lieutenant Governor of Connecticut from 1971 to 1973 and a judge for 23 years from 1973.-Early life:...
(1987–1991), Former State Senator and Lieutenant Governor. - Joette KatzJoette KatzJoette Katz is Commissioner of the Connecticut Department of Children and Families, and a former Associate Justice of the Connecticut Supreme Court, where she also served as the administrative judge for the state appellate system....
(1993–2011), Retired from the court to serve as the Commissioner of the Department of Children and Families of Connecticut - William M. MaltbieWilliam M. MaltbieWilliam Mills Maltbie was a lawyer, judge, and Chief Justice of the Connecticut Supreme Court....
(1925–1950, Chief Justice, 1930–1950) - Francis M. McDonald, Jr. (1996-2001, Chief Justice, 1999-2001). Former Waterbury State's Attorney, another dissenter like Robert Berdon (and his occasional ally), successfully integrated the Sheriffs into the Judicial Branch as Judicial Marshals and State Marshals, appointed a new lawyer grievance review panel, reduced a civil and criminal backlog, and worked to give the Appellate Court its own courthouse. Still active as a Judge Trial Referee and sitting with the Appellate Court.
- Ellen Ash PetersEllen Ash PetersEllen Ash Peters was appointed to the Connecticut Supreme Court in 1978. She was the first woman appointed to that court.At age nine she emigrated to the United States with her parents from Nazi Germany...
(1978–2000, 1984-1996 as Chief Justice) First woman to serve on the court, innovated Connecticut Constitutional Law. Still active as a Judge Trial Referee. - Leo Parskey (1979-1985), Scholar who served with Ellen Ash Peters, Arthur Healey, and David Shea.
- Tapping ReeveTapping ReeveTapping Reeve was an American lawyer and law educator. In 1784, he opened the Litchfield Law School in Litchfield, Connecticut, the first school to offer a comprehensive legal curriculum in the United States....
(1798-1823, Chief Justice, 1814-1823), Succeeded Stephen Mix Mitchell, founded Litchfield Law School. - Angelo Santaniello (1985-1994, Senior Justice, 1987-1994) Innovated the Pre-Argument Conference (PAC) program for settling appeals before oral arguments, ran the "Supreme Court on Circuit" program taking the Court throughout Connecticut. Still sat regularly with the Court as a Senior Justice.
- Barry R. SchallerBarry R. SchallerThe Honorable Barry R. Schaller was an Associate Justice of the Connecticut Supreme Court from 2007-2008. He served as a judge of the Connecticut Appellate Court from 1992 to 2007. Before that, he was a trial court judge in Connecticut for 18 years...
(2007-2008) One of two men to sit at every level of Connecticut's Judiciary. - David M. Shea (1981-1992) Justice who also innovated Connecticut Constitutional Law with Justices Ellen Ash Peters, Arthur Healey, and Robert Berdon.
History of the Court
The Supreme Court of Connecticut was created in 1784. Prior to this, the power to review lower court rulings was vested in the General Assembly, which determined appeals by examining trial court records. Even after its creation, the Court was not completely independent of the executive and legislative branches, since its members included the Lieutenant Governor, members of the Council (or upper chamber of the General Assembly), and, in 1794, the Governor.In 1806, the number of Superior Court judges was increased from five to nine and those judges, sitting together, constituted the Supreme Court, replacing the Governor, Lieutenant Governor and Council Members. The General Assembly, however, retained the power to overturn the court's rulings. Twelve years later, in 1818, the Connecticut Constitution established an independent judiciary, with the Supreme Court of Errors as the state's highest court. (The words "of Errors" were deleted in 1965). The creation of an independent judiciary established the third branch of government, which is responsible for interpreting the laws enacted by the legislative branch of government.
In 1982, in response to an overwhelming Supreme Court docket, Connecticut's voters approved a constitutional amendment creating the intermediate Connecticut Appellate Court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
.
Horton v. Meskill (1977)
The court's ruling on April 19, 1977 in Horton v. MeskillHorton v. Meskill
The Connecticut Supreme Court issued its ruling in Horton v. Meskill on April 19, 1977 . It held that the right to education in Connecticut is so basic and fundamental that any intrusion on the right must be strictly scrutinized...
(172 Conn. 615) held that the right to education in Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
is so basic and fundamental that any intrusion on the right must be strictly scrutinized. The Court said that public school students are entitled to equal enjoyment of the right to education, and a system of school financing that relied on local property tax revenues without regard to disparities in town wealth and that lacked significant equalizing state support was unconstitutional. It could not pass the test of strict judicial scrutiny. The Court also held that the creation of a constitutional system for education financing is a job for the legislature and not the courts. Chief Justice House wrote the majority opinion. Justices Bogdanski, Longo, and Barber concurred in the decision, and Justice Bogdanski filed a concurring opinion. Justice Loiselle dissented from the majority opinion.
State v. Geisler (1992)
The Court (610 A.2d 1225), speaking through Justice Robert I. Berdon, delineated a six-factor test to assess claims of rights under the Connecticut Constitution. The six factors are:- Text of the Connecticut Constitution.
- Holdings and Dicta of the State Supreme Court and of the Appellate Court.
- Federal Precedents
- Sister State Decisions
- History and a Historical Approach-e.g. the debates of the Framers of the Connecticut Constitution.
- Economic and Sociological Considerations-e.g. Public Policy.
This test has subsequently formed the underpinnings of subsequent decisions concluding that the Connecticut Constitution affords greater protections than its Federal counterpart-including the Kerrigan decision discussed infra. Chief Justice Ellen Ash Peters and Justice David Shea and Justice Robert Glass joined Justice Berdon's majority opinion. Justice Alfred Covello dissented.
Sheff v. O'Neill (1996)
Sheff v. O'NeillSheff v. O'Neill
Sheff v. O'Neill refers to a 1989 lawsuit and the subsequent 1996 Connecticut Supreme Court case that resulted in a landmark decision regarding civil rights and the right to education.-Timeline:...
is a landmark Connecticut Supreme Court decision (Sheff v. O'Neill, 238 Conn. 1, 678 A.2d 1267) regarding civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
and the right to education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
. On July 9, 1996, the Connecticut Supreme Court ruled that the state had an affirmative obligation to provide Connecticut's school children with a substantially equal educational opportunity and that this constitutionally guaranteed right encompasses the access to a public education which is not substantially and materially impaired by racial and ethnic isolation. http://www.encyclopedia.com/doc/1P3-582143061.html This was a split 4-3 decision, which was authored by Chief Justice Ellen Ash Peters
Ellen Ash Peters
Ellen Ash Peters was appointed to the Connecticut Supreme Court in 1978. She was the first woman appointed to that court.At age nine she emigrated to the United States with her parents from Nazi Germany...
. Peters was joined in the majority opinion by Justices Robert Berdon, Flemming L. Norcott, Jr.
Flemming L. Norcott, Jr.
Flemming L. Norcott, Jr. is an Associate Justice of the Connecticut Supreme Court. He was appointed to the Connecticut Superior Court in 1979 and remained there until his elevation to the Connecticut Appellate Court in 1987. He was appointed to the Connecticut Supreme Court in 1992. He also serves...
, and Joette Katz
Joette Katz
Joette Katz is Commissioner of the Connecticut Department of Children and Families, and a former Associate Justice of the Connecticut Supreme Court, where she also served as the administrative judge for the state appellate system....
. Justice David M. Borden
David M. Borden
-Judicial career:Justice Borden received his Bachelor of Arts degree from Amherst College in 1959 and his Bachelor of Laws degree from Harvard Law School in 1962...
authored the dissent, with Justices Robert Callahan and Richard Palmer
Richard N. Palmer
Justice Richard N. Palmer is an Associate Justice on the Connecticut Supreme Court. He was born on May 27, 1950 in Hartford, CT. He received his Bachelor of Arts Phi Beta Kappa, from Trinity College in Hartford in 1972...
concurring.
Kelo v. City of New London (2004)
One of the most important cases the court has decided was Kelo v. City of New LondonKelo v. City of New London
Kelo v. City of New London, 545 U.S. 469 was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development...
(2004), appealed to the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. The state court sided with the city in a 4-3 decision, with the majority opinion authored by Justice Norcott and joined by Justices Borden, Palmer and Vertefeuille. Justice Zarella wrote an unusually lengthy and considered dissent (joined by Justices Sullivan and Katz), due to the importance of the case and the high likelihood that the United States Supreme Court would grant certiorari. The U.S. Supreme Court upheld the Connecticut Supreme Court's decision in favor of the city, in a 5-4 decision, with the dissent written by Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
and joined by Chief Justice William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
and Justices Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
and Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
. The Kelo decision is studied as a continuation of the expansion of governments' power to seize property through eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
, although the widespread negative popular reaction has spurred a backlash in which many state legislatures have curtailed their eminent domain power.
Office of the Governor v. Select Committee of Inquiry (2004)
On Monday, June 21, 2004, Gov. John G. RowlandJohn G. Rowland
John Grosvenor Rowland was the 86th Governor of Connecticut from 1995 to 2004; he is a member of the Republican Party. He is married to Patty Rowland, his second wife, and the couple have five children between them...
announced his resignation amid allegations of graft and a movement to impeach him for accepting gifts. The resignation came several days after the Court ruled on June 18 that the state House Select Committee of Inquiry, which was weighing whether to impeach Rowland, could compel the governor to testify.
http://www.msnbc.msn.com/id/5241442/
Those joining the majority in this opinion (Office of the Governor v. Selected Committee of Inquiry to Recommend Whether Sufficient Grounds Exist for the House of Representatives to Impeach Governor John G. Rowland Pursuant to Article Ninth of the State Constitution, SC 17211), included Justices Borden, Norcott, Katz, Palmer and Vertefeuille. In an extraordinary action, all five majority justices signed their names as authors of the opinion.
http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR269/269cr1.pdf Dissenting were Chief Justice Sullivan and Justice Zarella.
http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR269/269cr1e.pdf
Kerrigan v. Commissioner of Public Health (2008)
On October 10, 2008, the Supreme Court of Connecticut ruled in Kerrigan v. Commissioner of Public HealthKerrigan v. Commissioner of Public Health
Kerrigan v. Commissioner of Public Health, 289 Conn. 135, 957 A.2d 407, is a 2008 decision by the Connecticut Supreme Court holding that the Connecticut Constitution protects the right to same-sex marriage. The vote was 4-3. The decision made Connecticut the third state to have its state supreme...
that gay and lesbian couples could not be denied the right to marry because of the Equal Protection Clause of the state constitution. This decision made Connecticut the third state (along with Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
and California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
) to legalize same-sex marriage through judicial decree of the state supreme court. Chief Justice Rogers, who did not participate in the decision, was replaced by appellate Judge Lubbie Harper, Jr. The majority opinion was written by Justice Palmer, and joined by Justices Norcott, Katz, and Judge Harper. Justices Zarella, Vertefeuille, and Borden dissented.
Rosado v. Bridgeport Roman Catholic Diocesan Corp. (2009)
In George L. Rosado et al. v. Bridgeport Roman Catholic Diocesan Corporation et al. (SC 17807), 292 Conn. 1 (2009)http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR292/292CR90.pdf the majority opinion of the Supreme Court of Connecticut, authored by Justice Katz, and joined by Chief Justice Rogers, and Justices Palmer and Vertefeuille, effectively ordered the Roman Catholic Diocese of BridgeportRoman Catholic Diocese of Bridgeport
The Roman Catholic Diocese of Bridgeport is located in the south western part of the state of Connecticut, and its boundaries are the same as that of Fairfield County, Connecticut. There are 87 parishes in the diocese. Its cathedral is St. Augustine in Bridgeport.The current bishop is The Most...
to release thousands of legal documents from previous lawsuits filed against priests accused of sexually abusing children http://mobile.courant.com/inf/infomo?view=latest_connecticut_news_item&feed:a=courant_1min&feed:c=latestconnecticut&feed:i=47081409&nopaging=1. A dissenting opinion was authored by Justice Sullivan http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR292/292CR90E.pdf. The Connecticut Supreme Court case stemmed from a suit brought by the Boston Globe, Hartford Courant, New York Times and Washington Post in 2002. On October 5, 2009, the United States Supreme Court rejected a request by the Diocese for the court to stay or reconsider the Connecticut opinion ordering the release of the documents http://www.nytimes.com/2009/10/06/nyregion/06abuse.html. The documents were released at the Waterbury Superior Courthouse on Dec. 1, 2009 http://www.connpost.com/ci_13900709http://www.courant.com/news/priest-abuse/hc-cardinal-edward-egan-bridgeport-diocese-abuse-s,0,7261944.storyhttp://www.stamfordadvocate.com/localnews/ci_13900709?source=rss. The Diocese has provided background and a statement on the suit and its status http://www.bridgeportdiocese.com/Statement10-5.shtml.
Chief Justice Sullivan controversy
The court became embroiled in a lengthy ethics scandal in 2006 when the Hartford Courant revealed that retiring Chief Justice William J. SullivanWilliam J. Sullivan
Justice William J. Sullivan is presently a Judge Trial Referee of the Connecticut Superior Court. He formerly served as Chief Justice of the Connecticut Supreme Court. He was appointed to the Connecticut Appellate Court by Gov. John G. Rowland in 1997 and remained there until his elevation to the...
postponed the publication of a controversial decision opposing Freedom of Information Act requests for documents that track the status and history of legal cases in the Connecticut legal system until hearings for his successor Justice Peter T. Zarella were completed. Legislators speculated Sullivan delayed the publication of the court's opinion because he feared it might damage Zarella's chances of becoming Chief Justice. Both justices ruled in favor of the restrictions. Governor M. Jodi Rell
M. Jodi Rell
Mary Jodi Rell is a Republican politician and was the 87th Governor of the U.S. state of Connecticut from 2004 until 2011. She was the Lieutenant Governor of Connecticut under Governor John G. Rowland, who resigned during a corruption investigation. Rell is Connecticut's second female Governor,...
rescinded Zarella's nomination to be Chief Justice after the Courant's revelation.
After the Hartford Courant reported Sullivan's actions, it was revealed that fellow justice David M. Borden
David M. Borden
-Judicial career:Justice Borden received his Bachelor of Arts degree from Amherst College in 1959 and his Bachelor of Laws degree from Harvard Law School in 1962...
was the person who came forward with the information. The incident caused a firestorm in the legislature and judiciary. Sullivan was referred to the Judicial Review Council, which suspended him for violating judicial ethics rules. Angry legislators led by Senator
Connecticut Senate
The Connecticut State Senate is the upper house of the Connecticut General Assembly, the state legislature of the U.S. state of Connecticut. The state senate comprises 36 members, each representing a district with around 94,600 inhabitants. Senators are elected to two-year terms without term limits...
Andrew McDonald
Andrew J. McDonald
Andrew J. McDonald is an American lawyer and politician from Connecticut. A Democrat, he served as a member of the Connecticut State Senate from 2003 to 2011, representing the state's 27th district in Stamford and Darien...
grilled Sullivan at an investigative hearing, where he repeatedly apologized for his actions.
Gov. Rell nominated Chase T. Rogers
Chase T. Rogers
Chase T. Rogers is the Chief Justice of the Connecticut Supreme Court, the second woman to serve in this capacity. She is a graduate of Stanford University and Boston University School of Law. Rogers is a Connecticut native. She was nominated by Governor M. Jodi Rell and sworn in April 25, 2007,...
to the position of Chief Justice. Rogers is a 50-year-old mother of two with experience as an Appellate and Superior Court judge. After receiving a unanimous vote for confirmation from the General Assembly
Connecticut General Assembly
The Connecticut General Assembly is the state legislature of the U.S. state of Connecticut. It is a bicameral body composed of the 151-member House of Representatives and the 36-member Senate. It meets in the state capital, Hartford. There are no term limits for either chamber.During...
, she was sworn in as Chief Justice on April 25, 2007.