Conn. Gen. Stat. § 51-278

Current with legislation from the 2024 Regular and Special Sessions.

Section 51-278 - (Formerly Sec. 51-175). Appointment, salaries and removal of prosecutorial officials

(a)

(1) On or before August 1, 1985, the Criminal Justice Commission shall appoint an administrative head of the Division of Criminal Justice whose title shall be Chief State's Attorney. On or before July 1, 1986, and every five years thereafter, the Criminal Justice Commission shall appoint an administrative head of the Division of Criminal Justice whose title shall be Chief State's Attorney. The appointment of a Chief State's Attorney by the Criminal Justice Commission shall be by an affirmative vote of a majority of the members of the commission.

(2) The term of office of the Chief State's Attorney shall be five years from July first in the year of appointment and until the appointment and qualification of a successor unless he is sooner removed by the Criminal Justice Commission, except that the term of office of the Chief State's Attorney appointed by the Criminal Justice Commission on or before August 1, 1985, shall expire June 30, 1986.

(3) Any vacancy in the position of the Chief State's Attorney arising from any cause shall be filled by appointment by the Criminal Justice Commission for the balance of the vacated term.

(4) The Chief State's Attorney and the deputy chief state's attorneys shall receive annual salaries as follows:

(A) On or after July 1, 1984, and before July 1, 1985, the Chief State's Attorney, fifty-three thousand nine hundred thirty dollars; a deputy chief state's attorney, fifty-two thousand eight hundred ten dollars;

(B) on or after July 1, 1985, the Chief State's Attorney, fifty-seven thousand two hundred dollars; a deputy chief state's attorney, fifty-six thousand dollars.

(5) For purposes of this subsection, "Criminal Justice Commission" means the members of the commission other than the Chief State's Attorney.

(b)

(1)

(A) The Criminal Justice Commission shall appoint (i) two deputy chief state's attorneys as assistant administrative heads of the Division of Criminal Justice, one of whom shall be deputy chief state's attorney for operations and one of whom shall be deputy chief state's attorney for personnel, finance and administration, who shall assist the Chief State's Attorney in his duties, and (ii) one deputy chief state's attorney who shall be appointed by the commission, as provided in subdivision (8) of this subsection, to serve as Inspector General in accordance with section 51-277e, who shall receive his or her prosecutorial powers as a designee of the Chief State's Attorney. The term of office of a deputy chief state's attorney shall be four years from July first in the year of appointment and until the appointment and qualification of a successor unless sooner removed by the Criminal Justice Commission. The Criminal Justice Commission shall designate one deputy chief state's attorney appointed under subparagraph (A)(i) of this subsection who shall, in the absence or disqualification of the Chief State's Attorney, exercise the powers and duties of the Chief State's Attorney until such Chief State's Attorney resumes his duties. For the purposes of this subparagraph, the Criminal Justice Commission means the members of the commission other than the Chief State's Attorney.

(B) The Criminal Justice Commission shall appoint a state's attorney for each judicial district, who shall act therein as attorney on behalf of the state. The Criminal Justice Commission shall also appoint, from candidates recommended by the appropriate state's attorney and deemed qualified by the commission, as many assistant state's attorneys and deputy assistant state's attorneys on a full-time or part-time basis for each judicial district as the criminal business of the court, in the opinion of the Chief State's Attorney, may require, and the commission shall also appoint, from candidates recommended by the Chief State's Attorney and deemed qualified by the commission, as many assistant state's attorneys and deputy assistant state's attorneys as are necessary, in the opinion of the Chief State's Attorney, to assist the Chief State's Attorney. Notwithstanding the provisions of subsection (a) of section 51-278a, the commission may, within available appropriations, interview and appoint to the position of apprentice prosecutor any student of an accredited law school who is within five months of graduation from such law school and who is a certified legal intern pursuant to the rules of the Superior Court. Any person so appointed shall advance to the position of deputy assistant state's attorney upon such person gaining admission to the Connecticut bar within one year of the date of such person's graduation from such law school. Assistant state's attorneys and deputy assistant state's attorneys, respectively, shall assist the state's attorneys for the judicial districts and the Chief State's Attorney in all criminal matters and, in the absence from the district or disability of the state's attorney or at his request, shall have and exercise all the powers and perform all the duties of state's attorney. At least three such assistant state's attorneys or deputy assistant state's attorneys shall be designated by the Chief State's Attorney to handle all prosecutions in the state of housing matters deemed to be criminal. Any assistant or deputy assistant state's attorney so designated should have a commitment to the maintenance of decent, safe and sanitary housing and, to the extent practicable, shall handle housing matters on a full-time basis. At least one assistant state's attorney shall be designated by the Chief State's Attorney to handle all prosecutions in the state of environmental matters deemed to be criminal. Any assistant state's attorney so designated should have a commitment to protecting the environment and, to the extent practicable, shall handle environmental matters on a full-time basis.

(C) The Chief State's Attorney may promote any assistant state's attorney, or deputy assistant state's attorney who assists him, and the appropriate state's attorney may promote any assistant state's attorney or deputy assistant state's attorney who assists such state's attorney in the judicial district. The Chief State's Attorney shall notify the Criminal Justice Commission of any such promotion.

(2) On and after July 1, 1985, the Chief State's Attorney, deputy chief state's attorneys, state's attorneys, assistant state's attorneys and deputy assistant state's attorneys shall receive salaries in accordance with a compensation plan approved by the Department of Administrative Services.

(3) Each state's attorney who, on June 30, 1973, was included in the provisions of sections 51-49, 51-287 and 51-288 may elect to continue to be so included and, each state's attorney, incumbent on July 1, 1978, who was an assistant state's attorney, chief prosecuting attorney or deputy chief prosecuting attorney on June 30, 1973, may elect to be included in sections 51-49, 51-287 and 51-288, and, in each such case, the Comptroller shall deduct from his salary five per cent thereof as contributions for the purposes of sections 51-49, 51-287 and 51-288, provided any person who has so elected may thereafter elect to participate in chapter 66 and thereupon his past contributions to the State's Attorneys' Retirement Fund shall be transferred to the State Employees Retirement Fund and he shall be credited with all prior service. All other persons appointed under the provisions of this section shall be subject to the provisions of chapter 66.

(4) Each Chief State's Attorney, deputy chief state's attorney or state's attorney who (A) is ineligible to elect under subdivision (3) of this subsection, (B) is not subject to the provisions of chapter 66, and (C) had vested under the State Employees Retirement Fund, prior to his appointment to such office, shall vest under the State's Attorneys' Retirement Fund upon reappointment to any such office by the Criminal Justice Commission.

(5) The several state's attorneys shall each hold office for eight years from July first and until the appointment and qualification of a successor unless sooner removed for just cause by the Criminal Justice Commission.

(6) When any vacancy in the office of the Chief State's Attorney or the office of a state's attorney is to be filled, the commission shall make its appointment from the various recommendations of the Chief State's Attorney or the appropriate state's attorney. The commission shall determine how many recommendations it shall require for each appointment.

(7) Each deputy chief state's attorney and state's attorney incumbent on the date of certification by the Secretary of the State of the constitutional amendment concerning appointment of state's attorneys, shall serve the term for which he had been appointed prior to said date.

(8) When any appointment of a deputy chief state's attorney to serve as Inspector General in accordance with section 51-277e is to be made, the commission shall make such appointment by majority vote. In the event that there is a tie vote for such appointment, the chairperson of the commission shall select the nominee from amongst the candidates in the tie position and said candidate shall be appointed to serve as Inspector General.

Conn. Gen. Stat. § 51-278

(1949 Rev., S. 7664; June, 1955, S. 3118d; 1963, P.A. 378; February, 1965, P.A. 464; 1967, P.A. 622, S. 1; 1972, P.A. 165, S. 5; 281, S. 20; June, 1972, P.A. 1, S. 20; P.A. 73-122, S. 4, 27; P.A. 74-183, S. 49, 291; P.A. 76-436, S. 565, 681; P.A. 77-292, S. 1, 3; 77-576, S. 22, 49, 65; P.A. 78-365, S. 10, 13; 78-377, S. 2, 4; 78-379, S. 8, 9, 27; P.A. 79-9; 79-608, S. 2, 3, 10; P.A. 80-337, S. 8, 9, 13; P.A. 81-419, S. 8; 81-472, S. 90, 159; P.A. 82-248, S. 135; 82-461, S. 6; P.A. 83-295, S. 7; June Sp. Sess. P.A. 83-25, S. 5, 9; June Sp. Sess. P.A. 83-29, S. 79, 82; June Sp. Sess. P.A. 83-35, S. 6, 7, 9; P.A. 84-379, S. 1-3; 84-406, S. 4, 13; 84-445; 84-546, S. 164, 165, 173; P.A. 85-440, S. 1, 6, 7; 85-613, S. 142, 154; P.A. 89-345, S. 2; P.A. 90-110, S. 1, 3; P.A. 98-197 , S. 6 , 8 ; P.A. 05-288 , S. 174 ; P.A. 10-32 , S. 147 .)

Amended by P.A. 23-0055, S. 1 of the Connecticut Acts of the 2023 Regular Session, eff. 6/26/2023.

Amended by P.A. 20-0001, S. 46 of the 2020 July Special Session, eff. 7/31/2020.

Amended by P.A. 10-0032, S. 147 of the February 2010 Regular Session, eff. 5/10/2010.

Annotations to former section 51-175 : Terms of bond construed. 16 C. 528 . Powers of state's attorney; may issue original information in Superior Court. 64 C. 212 . Function of state's attorney in disbarment proceedings. 88 C. 448 . Presumption that mandamus signed by assistant state's attorney was signed by him in accordance with the scope of his authority. 99 C. 219 . State's attorney for judicial district of Waterbury holds a distinct office. 127 C. 576 . Statements made by suspect during conference with state's attorney held not to be privileged. 147 C. 589. The state's attorney is an officer charged with important duties which are entirely consistent with the constitutional power of the judiciary and the appointment of the state's attorney by judges of the Superior Court. 164 C. 560. Assistant state's attorney has authority, pursuant to this section in conjunction with Sec. 54-47a , to make applications for immunity grants. 174 C. 16. Cited. 234 Conn. 539 . Duties of state's attorney discussed. 21 CS 246 . Appointment of court personnel by judges of courts is constitutional. 28 CS 354 . Defendants' contention that appointment of state's attorneys by judges of Superior Court is unconstitutional violation of separation of powers is without merit. Id., 366. Annotations to present section: Cited. 187 C. 6 ; 199 C. 667 ; 216 C. 523 ; 234 Conn. 539 .