(a) Any court or family support magistrate may commit to a community correctional center any person legally summoned who refuses to appear and testify before it in any case, there to remain at his own expense until he so testifies.
(b) A person shall not be compelled to give evidence against himself, except as otherwise provided by statute, nor shall such evidence when given by him be used against him.
(1949 Rev., S. 7704; 1969, P.A. 297; P.A. 82-248, S. 19; P.A. 89-360, S. 21, 45.)
History: 1969 act substituted “community correctional center” for “jail”; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change; P.A. 89-360 added reference to family support magistrates in Subsec. (a).
See Sec. 2-47 re witnesses' lack of privilege to refuse to testify or produce required papers for General Assembly.
See Sec. 12-4 re proceedings against delinquent tax officers.
See Sec. 16-8 re hearing before Public Utilities Regulatory Authority.
See Sec. 38a-825 re witnesses' lack of privilege in inquiries involving insurance premium rebates or special favors.
See Sec. 45a-129 re court of probate's powers to examine witnesses.
See Sec. 52-199 re protection against self-incrimination.
See Sec. 52-398 re debtor's lack of privilege to refuse to testify on grounds that answers might reveal fraudulent action on his part.
See Sec. 52-554 re refusal of defendant to testify in cases concerning recovery of money lost in gaming.
See Secs. 53-278a to 53-278g, inclusive, re gambling offenses.
See Sec. 54-84 re testimony or silence of accused during trial.
See Sec. 54-85 re testimony of witness with regard to election bribery.
The power of a public officer to commit for contempt should not be implied. 45 C. 385. Refusal to answer is not properly a contempt. 65 C. 33. Former statute cited. 110 C. 497. Cited. 222 C. 591; 230 C. 698.
Cited. 32 CS 306. Sanctions available to court to punish adult witness for refusal to testify under section are not available to punish minor witness. 36 CS 352.
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1974–2024 · leading case:
Ullmann v. State, 647 A.2d 324 (Conn. 1994).
Ullmann v. State, 647 A.2d 324 (Conn. 1994).
· cites it 14× “The plaintiff then filed this writ of error, claiming that: (1) the exclusive sanction for his refusal to testify is contained *703 in General Statutes § 51-35, 3 a civil contempt statute; (2) the testimony that the state sought to elicit was protected by the attorney-client…”
Rowe v. Superior Court, 960 A.2d 256 (Conn. 2008).
· cites it 4× “See General Statutes § 51-35 (a) (“[a]ny court or family support magistrate may commit to a community correctional center any person legally summoned who refuses to appear and testify before it in any case, there to remain at his own expense until he so testifies”); see also…”
Wilson v. Cohen, 610 A.2d 1177 (Conn. 1992).
· cites it 5× “” General Statutes § 51-35 provides: “(a) Any court or family support magistrate may commit to a community correctional center any person legally summoned who refuses to appear and testify before it in any case, there to remain at his own expense until he so testifies.”
State v. Andrews, 726 A.2d 104 (Conn. 1999).
· cites it 4× “, General Statutes § 51-35; 19 see also Practice Book § 1-16.”
Kamasinski v. Jud. Review Council, 797 F. Supp. 1083 (D. Conn. 1992).
· cites it 3× “However, by its terms Conn.Gen. Stat. § 51-35 addresses only a witness’ refusal to appear and testify before a tribunal, not improper disclosure of confidential information.”
State v. McCloud, 422 A.2d 327 (Conn. Super. Ct. 1980).
· cites it 2× “Further, the sanctions available to the court to punish an adult witness for refusal to testify under General Statutes § 51-35 are not available as to a minor witness.”
In re Fernandez, 321 A.2d 862 (Conn. Super. Ct. 1974).
· cites it 2× “” Obviously, the proper procedure is to find the defendant in contempt of court to the extent set forth with reference to the allowed questions and handwriting exemplars mentioned in this memorandum, in addition to the questions he has now .”
State v. Anonymous (1976-2), 353 A.2d 789 (Conn. Super. Ct. 1975).
· cites it 4× “The defendant objects to the state’s motion for the reason that (1) a physical examination violates his privilege against self-incrimination as guaranteed by article first, § 8, of the Connecticut constitution and General Statutes § 51-35; (2) there is no court rule allowing…”
Lafferty v. Jones, 316 A.3d 742 (Conn. App. Ct. 2024).
“17 In a docketing statement filed on January 30, 2023, Pattis named disciplinary counsel as the defendant in error.”
Lafferty v. Jones, 316 A.3d 742 (Conn. App. Ct. 2024).
“I Pattis first claims that the trial court violated his rights to procedural due process pursuant to the fifth and fourteenth amendments to the United States constitution18 in initiating, sua sponte, disciplinary proceedings against him, pursuant to its inherent authority to 16…”
Conn. Gen. Stat. § 51-35(a): 1 case
Rowe v. Superior Court, 960 A.2d 256 (Conn. 2008).
“See General Statutes § 51-35 (a) (“[a]ny court or family support magistrate may commit to a community correctional center any person legally summoned who refuses to appear and testify before it in any case, there to remain at his own expense until he so testifies”); see also…”
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