(a) In addition to the powers and jurisdiction granted to state referees under the provisions of section
52-434, a Chief Justice or judge of the Supreme Court, a judge of the Appellate Court, a judge of the Superior Court or a judge of the Court of Common Pleas, who has ceased to hold office as justice or judge because of having retired and who has become a state referee and has been designated as a trial referee by the Chief Justice of the Supreme Court shall have and may exercise, with respect to any civil matter referred by the Chief Court Administrator, the same powers and jurisdiction as does a judge of the court from which the proceedings were referred.
(b) In condemnation proceedings in which the assessment fixed by the condemning authority exceeds the sum of two hundred thousand dollars the court may, at the request of either party, or on its own motion, refer the proceedings to the Chief Court Administrator for referral to a committee of three such referees who, sitting together, shall hear and decide the matter. In such matters in which the fees payable to a referee are to be paid by the state, each such referee shall be reimbursed as provided in section 52-434.
(c) The power conferred by this section may be exercised by any such state referee, whether acting in his capacity as a state referee, or as an auditor, or as a committee of one, or by any committee composed of not more than three such state referees, with respect to any civil matter referred to him or to it, the provisions of any general or special law to the contrary notwithstanding.
(1967, P.A. 772; P.A. 74-309, S. 9, 17; P.A. 76-436, S. 10a, 408, 681; P.A. 82-160, S. 168; June Sp. Sess. P.A. 83-29, S. 58, 82.)
History: P.A. 74-309 amended Subsec. (a) to specify applicability to matters referred by chief court administrator rather than by superior court or court of common pleas and amended Subsec. (b) to make chief court administrator rather than court responsible for referral to committee of referees; P.A. 76-436 made no change, provisions of Sec. 10a cancelling amendment called for by Sec. 408 of the act; P.A. 82-160 made minor technical changes; June Sp. Sess. P.A. 83-29 included reference to judge of the appellate court in Subsec. (a).
Cited. 158 C. 16; Id., 291; 162 C. 79; 163 C. 15; Id., 259; 164 C. 360; 172 C. 341; Id., 362; 173 C. 161; 182 C. 193; 203 C. 364; 221 C. 736. Procedural provisions of statutes that are inconsistent with this section are superseded by it insofar as such statutes limit authority of judge trial referee to render judgment on his or her own findings. 263 C. 155.
Cited. 7 CA 136; 20 CA 148; 21 CA 359; 31 CA 723; 35 CA 9; 43 CA 397. Judge trial referees exercise the same jurisdiction as judges of the Superior Court, and any limitation contained in general statutes or rules of practice regarding the types of cases that judge trial referees may be involved in do not implicate the jurisdiction of judge trial referees to hear certain of those cases, but, rather, concern their authority to do so. 165 CA 737.
Cited. 30 CS 354.
Subsec. (a):
Judge trial referees have same powers and jurisdiction as judges of the court from which proceedings have been referred to them, and thus may preside over motions for contempt. 140 CA 64.
Subsec. (b):
Cited. 172 C. 234. Judgment of a majority of a committee composed of three state referees is not invalid for lack of unanimity. 176 C. 391. Cited. 181 C. 217; 192 C. 377.
Subsec. (c):
In enacting Subsec., legislature made clear its intention to vest judge trial referees with all powers of Superior Court judges in civil matters referred to them. 263 C. 155.
Notes of Decisions
City of West Haven v. Norback, 819 A.2d 235 (Conn. 2003).
· cites it 21× “One such provision is General Statutes § 52-434a. 6 The defendant further asserts that, *161 pursuant to § 52-434a, a judge trial referee appointed pursuant to § 8-132 may render judgment on his or her findings without first presenting the report to a Superior Court judge and…”
Honulik v. Town of Greenwich, 980 A.2d 845 (Conn. 2009).
· cites it 4× “Statutes § 51-50f (granting retired judges acting as state referees, after attaining age seventy, powers of Superior Court on matters referred by that court); General Statutes § 52-434(a)(1) (authorizing Superior Court to refer civil, nonjury cases to state referees who have…”
Transp. Plaza Assocs. v. Powers, 525 A.2d 68 (Conn. 1987).
· cites it 4× “” General Statutes § 52-434a (b) specifically provides for the appointment of three state trial referees by the chief court administrator in condemnation proceedings in which damages exceed $200,000.”
Greene v. Burns, 607 A.2d 402 (Conn. 1992).
· cites it 4× “Pursuant to General Statutes § 52-434a, 2 the matter was referred to a three member panel of state trial referees.”
Cohen v. Cohen, 438 A.2d 55 (Conn. 1980).
· cites it 2× “See General Statutes § 52-434a. Upon application of one of the parties, the court ordered the issues of fact in the case to be tried to a jury of six persons.”
Girard v. Weiss, 682 A.2d 1078 (Conn. App. Ct. 1996).
· cites it 2× “) General Statutes § 52-434a (a) provides: “In addition to the powers and jurisdiction granted to state referees under the provisions of section 52-434, a chief justice or judge of the supreme court, ajudge of the appellate court, ajudge of the superior court or ajudge of the…”
McCarthy v. City of Bridgeport, 574 A.2d 226 (Conn. App. Ct. 1990).
· cites it 7× “Then on March 16, 1988, the plaintiff moved that the matter be referred, pursuant to General Statutes § 52-434a (b), to a committee of three state referees.”
Rostenberg-Doern Co. v. Weiner, 552 A.2d 827 (Conn. App. Ct. 1989).
· cites it 2× “While attorney referees appointed pursuant to General Statutes § 52-434a (4) are authorized to hear a broader assortment of disputes involving greater monetary value, those appointed pursuant to General Statutes § 52-549n are referred to as “fact-finders” and possess less…”
City of Bridgeport v. Triple 9 of Broad Street, Inc., 867 A.2d 851 (Conn. App. Ct. 2005).
· cites it 4× “” General Statutes § 52-434a (a). Thus, this part of the question requires us to consider whether one judge is bound by the decisions of another judge in the same matter.”
Spicer v. Spicer, 377 A.2d 259 (Conn. 1977).
· cites it 2× “Troland, a state referee who, exercising the powers of the Superior Court pursuant to General Statutes § 52-434a, rendered judgment dissolving the marriage and awarding custody of the parties’ three natural children to the defendant husband and custody of the parties’ adopted…”
Simons v. Simons, 374 A.2d 1040 (Conn. 1977).
“On June 7, 1974, on the plaintiff’s motion a state trial referee, acting as a court under General *342 Statutes § 52-434a, awarded custody of David to the plaintiff father, with rights of visitation in the mother.”
Birnbaum v. Ives, 301 A.2d 262 (Conn. 1972).
“Baldwin, a *15 state referee, who, pursuant to the provisions of § 52-434a of the General Statutes, heard the appeal with the same powers and jurisdiction as the Superior Court which ordered the reference.”
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