Sec.51-51k-8. Public hearings

(a) The public hearing shall be scheduled at a time and place to be determined by the Council, but only after reasonable notice to the judge, compensation commissioner, or family support magistrate.

(b) Such notice shall be sent to the respondent by registered or certified mail, return receipt requested, with a copy of said notice being sent to any counsel for the judge, compensation commissioner, or family support magistrate.

(c) Such notice shall notify the judge, compensation commissioner, or family support magistrate that he or she may attend the hearing, be represented by counsel, may elect to testify, may call witnesses, present evidence and may examine or cross examine witnesses, and contain the specific charges that will be the subject of the hearing.

(d) Reasonable notice of such public hearing, its time, place, and subject matter shall be sent to the complainant by registered or certified mail, return receipt requested, and such notice shall also be published, no later than ten days prior to the date of any hearing, once in a newspaper having a substantial circulation in the municipality wherein the respondent resides and once in a newspaper having a substantial circulation in the judicial district wherein the alleged conduct occurred, and shall be sent to the secretary of the state.

(e) The notice to the complainant shall inform the complainant that he or she may attend the hearing, but may not participate in the hearing.

(f) A record shall be made of the hearing.

(g) The Council shall designate one of its members with legal training to rule on evidentiary issues in every proceeding.

(h) All testimony shall be given under oath.

(i) The executive director shall present evidence pertaining to the alleged conduct of the respondent.

(j) Witnesses may be examined and cross examined by the executive director, any member of the Council, and the respondent judge, compensation commissioner, or family support magistrate or his or her legal counsel.

(k) The Council has the burden of finding by clear and convincing evidence the facts justifying the action taken by the Council.

(l) After all evidence and arguments have been presented at a public hearing, the Council shall determine whether the judge, compensation commissioner, or family support magistrate is guilty of conduct under section 51-51i of the General Statutes. Upon appropriate motion and vote, the deliberations of the Council may be held in executive session unless the respondent requests such deliberations be conducted in public. Upon appropriate motion and vote, the Council shall go out of executive session and return to public session. Subsequent to returning to public session, the Council shall, by recorded motion and vote, determine whether the judge, compensation commissioner, or family support magistrate is guilty of such conduct.

(m) The Council shall, not later than fifteen days after the close of a public hearing, publish its findings together with a memorandum of its reasons therefor once in the Connecticut Law Journal.

(Effective December 28, 1994)