Section 51-198 - Constitution of Supreme Court; retired judges, terms, participation in meetings; deliberation and participation in disposition of case after age of seventy.

CT Gen Stat § 51-198 (2019) (N/A)
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(a) The Supreme Court shall consist of one Chief Justice and six associate judges, who shall, at the time of their appointment, also be appointed judges of the Superior Court.

(b) In addition thereto, each Chief Justice or associate judge of the Supreme Court who elects to retain office but to retire from full-time active service shall continue to be a member of the Supreme Court during the remainder of his or her term of office and during the term of any reappointment under section 51-50i, until he or she attains the age of seventy years. He or she shall be entitled to participate in the meetings of the judges of the Supreme Court and vote as a member thereof.

(c) A judge of the Supreme Court who has attained the age of seventy years may continue to deliberate and participate in all matters concerning the disposition of any case which the judge heard prior to attaining said age, until such time as the decision in any such case is officially released. The judge may also participate in the deliberation of a motion for reconsideration in such case if such motion is filed within ten days of the official release of such decision.

(1949 Rev., S. 7672; February, 1965, P.A. 331, S. 26; P.A. 74-309, S. 10, 17; P.A. 82-248, S. 101; P.A. 87-508, S. 3, 10; P.A. 00-191, S. 11, 16; P.A. 01-195, S. 53, 181; P.A. 06-152, S. 13; P.A. 12-133, S. 12.)

History: 1965 act increased number of associate judges from four to five; P.A. 74-309 added provisions re powers and privileges of chief justice or associate judge of supreme court who retains office but retires from full-time service; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs., but made no substantive change; P.A. 87-508 increased number of associate judges from five to six; P.A. 00-191 added Subsec. (c) providing that judge of Supreme Court who has attained age of 70 may continue to deliberate and participate in all matters concerning disposition of case which judge heard prior to attaining age 70, until decision is released and may participate in deliberation if motion for reconsideration is filed, effective May 26, 2000; P.A. 01-195 made technical changes in Subsec. (b) for purposes of gender neutrality, effective July 11, 2001; P.A. 06-152 amended Subsec. (b) by making a technical change and inserting “but only with respect to matters for which he or she has been summoned pursuant to subsection (b) of section 51-207”, effective June 6, 2006; P.A. 12-133 amended Subsec. (b) by deleting “but only with respect to matters for which he or she has been summoned pursuant to subsection (b) of section 51-207” re participation and voting in meetings by Supreme Court judge who elects to retire from full-time active service, effective July 1, 2012.

Cited. 135 C. 267. Limited, temporary duties authorized in Subsec. (c) do not amount to “holding office” and therefore do not contravene mandatory retirement provision of Art. V, Sec. 6 of Connecticut Constitution. 293 C. 641.