Sec.51-44a-12. Hearings, record and procedure

(a) When further inquiry is necessary before a recommendation of reappointment may be made, the commission shall conduct a hearing in accordance with the procedure contained in section 51-44a (e) and (g) of the General Statutes.

(b) The commission shall conduct the hearing in such order and form and with such methods of proof as it deems best suited to the discovery of facts and to determine whether the incumbent judge has the legal ability, competence, integrity, character, and temperament for reappointment. The commission may receive any relevant documentary or oral evidence. The decision by the commission shall be based solely upon the evidence produced at the hearing together with any prior statements to the commission made by the incumbent judge.

(c) A list of witnesses, together with any statements or documents in the hands of the commission that will be used in the case in chief by the commission at the hearing, shall be produced for the use of the incumbent judge not less than ten days before the date of commencement of the hearing.

(d) All testimony at a hearing shall be given under oath to be administered by a person so authorized by statute.

(e) The chair or his designee from the commissioners who are lawyers shall decide all evidentiary issues.

(f) Witnesses may be examined or cross examined by any commissioner.

(g) A judge appearing at a hearing shall be entitled to counsel, to present evidence, and to examine and cross examine witnesses. The commission shall issue subpoenas requested by the judge or his or her counsel to require the attendance of witnesses and the production of any books or papers at the hearing.

(h) At any hearing held on an incumbent judge, a record of the proceedings shall be made by a court reporter or monitor designated by the commission.

(i) There shall be a presumption that each incumbent judge who seeks reappointment to the same court qualifies for retention in office.

(Effective December 22, 1994)