(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.
Notes of Decisions
Honulik v. Town of Greenwich, 980 A.2d 845 (Conn. 2009).
· cites it 100× “In contrast, § 51-198, which defines the Supreme Court, does not qualify Superior Court judges to serve on the Supreme Court, although other statutes permit Superior Court judges to serve in the event of a disqualification or the absence of a justice.”
State v. Peeler, 140 A.3d 811 (Conn. 2016).
· cites it 11× “In fact, he was well within his right to do so under General Statutes § 51-198 (c). Instead, my concern is only over the order in which Santiago and the present appeal were decided.”
State v. DeJesus, 953 A.2d 45 (Conn. 2008).
· cites it 4× “; see also General Statutes § 51-198 (a) (Justices of Supreme Court also are judges of Superior Court).”
State v. Connor, 138 A.3d 265 (Conn. 2016).
· cites it 2× “General Statutes §§ 51-198(a), 51-197c (a), and 51-165(6).”
Doyle v. Metro. Prop. & Cas. Ins., 746 A.2d 1257 (Conn. 1999).
· cites it 12× “Thus, the dissent’s interpretation of General Statutes § 51-198 8 would mean that a senior justice could not sit on a case unless one of the justices engaged in full-time active service were disqualified, and could not participate and vote on general policy and administrative…”
Fay v. Merrill, 336 Conn. 432 (Conn. 2021).
· cites it 2× “See General Statutes § 51-198 (a) (Supreme Court justices are also Superior Court judges).”
State v. Santiago (Conn. 2015).
· cites it 7× “General Statutes § 51-198 (c)2 and Honulik contemplate that a judge may continue to wrap up the cases he had been working on before he attained the age of seventy, including hearing timely motions to reconsider. Accordingly, Justice Norcott’s participation in this appeal is…”
State v. Peeler (Conn. 2016).
· cites it 3× “Similarly, although her status had not changed, and her continued participation in the case as a senior justice was authorized by § 51-198 (b), Justice Vertefeuille also withdrew from the panel.”
State v. Peeler (Conn. 2016).
· cites it 3× “The constitu- tionality of the death penalty in the wake of Public Act 12-5 was argued in Santiago on April 23, 2013, approximately six months prior to Justice Norcott attaining the constitutionally mandated age of retirement. Justice Norcott then continued to participate in…”
Fay v. Merrill (Conn. 2021).
· cites it 2× “See General Statutes § 51-198 (a) (Supreme Court justices are also Superior Court judges).”
— Conn. Gen. Stat. § 51-198(a) — 3 cases
State v. DeJesus, 953 A.2d 45 (Conn. 2008).
“; see also General Statutes § 51-198 (a) (Justices of Supreme Court also are judges of Superior Court).”
Honulik v. Town of Greenwich, 980 A.2d 845 (Conn. 2009).
“In contrast, § 51-198, which defines the Supreme Court, does not qualify Superior Court judges to serve on the Supreme Court, although other statutes permit Superior Court judges to serve in the event of a disqualification or the absence of a justice.”
State v. Connor, 138 A.3d 265 (Conn. 2016).
“General Statutes §§ 51-198(a), 51-197c (a), and 51-165(6).”
— Conn. Gen. Stat. § 51-198(b) — 1 case
State v. Peeler, 140 A.3d 811 (Conn. 2016).
“In fact, he was well within his right to do so under General Statutes § 51-198 (c). Instead, my concern is only over the order in which Santiago and the present appeal were decided.”
— Conn. Gen. Stat. § 51-198(c) — 2 cases
Honulik v. Town of Greenwich, 980 A.2d 845 (Conn. 2009).
“In contrast, § 51-198, which defines the Supreme Court, does not qualify Superior Court judges to serve on the Supreme Court, although other statutes permit Superior Court judges to serve in the event of a disqualification or the absence of a justice.”
State v. Peeler, 140 A.3d 811 (Conn. 2016).
“In fact, he was well within his right to do so under General Statutes § 51-198 (c). Instead, my concern is only over the order in which Santiago and the present appeal were decided.”
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