Kamasinski v. Judicial Review Council

• Decision Date: 21 April 1992
• Docket Number: Civ. No. 2:91-127 (JAC).
• Parties: Theodore KAMASINSKI v. JUDICIAL REVIEW COUNCIL, et al.
• Court: U.S. District Court — District of Connecticut

797 F. Supp. 1083

Theodore KAMASINSKI v. JUDICIAL REVIEW COUNCIL, et al.

Civ. No. 2:91-127 (JAC).

United States District Court, D. Connecticut.

March 31, 1992.

As Amended on Motion to Clarify April 21, 1992.

Theodore Kamasinski, pro se.

Henry S. Cohn, Carolyn K. Querijero, Office of the Atty. Gen., Hartford, Conn., for defendants.

Martin B. Margulies, University of Bridgeport School of Law, Bridgeport, Conn., Philip D. Tegeler, Connecticut Civil Liberties Union Foundation, Hartford, Conn., for Connecticut Civil Liberties Union Foundation, amicus curiae.

RULING ON MOTION TO DISMISS

JOSÉ A. CABRANES, District Judge:

This case is about the judicial process and preserving the integrity of that process. The justice system and society itself require protection from the occasional intemperance, infirmity, incompetence, or, in rare cases, venality of a judge. But devising a means to achieve that goal while safeguarding the independence of the judiciary has been far from easy. On the one hand, policing the judiciary in public proceedings creates a forum in which disgruntled and irresponsible litigants may pursue personal vendettas by libelling or harassing judges who have ruled against them. The threat of retaliatory attacks endangers not only the reputations of individual judges, but also the ability of all judges to act with the firmness and fearlessness that is indispensable to an independent judiciary. What is more, it is doubtful that a state could conduct a viable process of reviewing alleged judicial misconduct if all proceedings or investigations were at all times subject to public disclosure. On the other hand, completely confidential review of judicial conduct by judicial colleagues — colleagues whose expert knowledge is, of course, indispensable to the review process — arguably invites the popular perception of a clubby indifference to public concerns. Procedures for review of judicial conduct must therefore seek to minimize these tensions. As is the case with all governmental measures, these procedures must, among other things, comply with the dictates of the United States Constitution.

* * * * * *

Plaintiff Theodore Kamasinski ("Kamasinski") brings this case as a facial constitutional challenge to the validity of a Connecticut statute making confidential certain proceedings, investigations, and other activities of the defendant Judicial Review Council ("JRC"). Defendants include the JRC itself, its executive director, and eleven of its members, who are sued in their official capacities only.¹ Plaintiff, a former Connecticut resident who now resides in New Hampshire, has filed at least one complaint against a Connecticut judge with the JRC and "intends to file additional charges against other Connecticut judges." Complaint ¶ 1.

In his complaint, plaintiff states that he "desires to obtain, disclose and discuss information regarding the charges he filed with the JRC and to learn the JRC's findings and conclusions, and the facts uncovered during the investigations." Complaint ¶ 16. The complaint also alleges plaintiff's desire "to obtain, disclose, publish and discuss information regarding the charges others have filed with the JRC and to learn the JRC's findings and conclusions, and the facts uncovered during those prior investigations." Id. ¶ 17. Despite the broad language of paragraphs 16 and 17, plaintiff stated at oral argument that he makes no claim of a constitutional right of access to proceedings before the JRC, information gathered by the JRC, or decisions of the JRC. Transcript of May 8, 1991 Hearing (filed May 10, 1991) ("Tr.") at 34 ("Now, I know very well that I have not brought an access case. I am not talking about access because I haven't got a prayer to bring a case like that in federal court right now.").² Rather, plaintiff desires to disclose information he has obtained, either from his own interaction with the JRC or its staff or from others not affiliated with the JRC. Plaintiff has styled his case as a class action seeking a declaratory judgment as to the constitutionality of the statute on confidentiality and an injunction against its enforcement. Complaint ¶ 1.³ Inasmuch as plaintiff does not purport to represent the members, staff, employees, or other persons acting as agents of the JRC in a JRC inquiry, the court does not address the constitutionality of confidentiality provisions imposed upon such persons.

BACKGROUND

A.

In Connecticut, state judges are appointed by the governor and confirmed by the General Assembly, or legislature, for terms of eight years. Amendments to Conn. Const. Art. XX, § 2. In order to continue in office for more than eight years, a sitting judge must be reappointed by the governor and reconfirmed by the General Assembly. Connecticut judges may also be impeached by the General Assembly, with impeachment by the House and trial by the Senate, Conn. Const. Art. IX, or removed by the governor upon the "address" of two thirds of each house of the General Assembly. Amendments to Conn. Const., Art. XXV.

Removal of judges under these provisions of the state constitution is neither quick nor easy. Waiting for the expiration of the term of a judge who ought not be reappointed may appear to be too long to wait. Impeachment is a cumbersome and time-consuming process. (Indeed, a search of historical sources has turned up no evidence of judicial impeachments in Connecticut at all.⁴) In addition, it would be difficult for two-thirds of the members of each house of the General Assembly to ascertain facts justifying a formal address to the governor to remove a judge.

The difficulty entailed in removing judges is no cause for alarm, for security of tenure is closely related to the maintenance of judicial independence, a central concern of the framers of the Connecticut Constitution as well as the federal Constitution. In any event, many of the rare instances of judicial misconduct may be rectified by appeals to higher courts. At the same time, it is not surprising that, like almost all the other states,⁵ Connecticut has sought to create an additional means of ensuring the continuing suitability of its sitting judges. This attempt began with an amendment in 1976 to the Connecticut Constitution, Amendments to Conn. Const. Art. XI. The amendment authorized the Connecticut Supreme Court to suspend or remove judges in a manner prescribed by law, and authorized the creation of a judicial review council with the power to suspend judges for periods of up to one year, or to refer cases to the Supreme Court for disposition.

B.

Pursuant to this constitutional authorization, the General Assembly first enacted legislation creating the JRC in 1977. Since that time, a number of changes have been made in the statutes governing the JRC, which changes need not be reviewed here. It is sufficient to address the JRC as it exists today. The JRC is composed of three judges of the Connecticut Superior Court elected by the judges of that court, three attorneys appointed by the governor and approved by the General Assembly, and five laypersons appointed by the governor and approved by the General Assembly. Conn.Gen.Stat. § 51-51k(a). Other than the three members who are judges, no member of the JRC may hold an elective or appointed position in federal or state government, and no member may be a selectman or chief executive of any municipality, or belong to any national or state central committee of a political party or serve as chairperson of a political party. Conn.Gen. Stat. § 51-51k(d).

The JRC is charged with determining whether a Connecticut judge or family support magistrate has engaged in conduct proscribed by Conn.Gen.Stat. § 51-51i, such as willful violations of the canons of judicial ethics, neglectful or incompetent performance of duties, and "temperament which adversely affects the orderly carriage of justice." The JRC must investigate all timely filed complaints against Connecticut judges or family support magistrates. Conn.Gen.Stat. §§ 51-51l(a), 51-51l(d). A judge or family support magistrate who is the object of a complaint must receive notice of and a copy of the complaint within five days of its receipt by the JRC. Conn.Gen.Stat. § 51-51l(a). In conducting its investigations, the JRC may make use of the state police and other state agencies and has the power to compel testimony and the production of books and records by subpoena. Conn.Gen.Stat. § 51-51o.

C.

After a complaint has been filed, JRC proceedings have two distinct phases: a confidential preliminary investigation, and, if the JRC finds probable cause that judicial misconduct has occurred, an open hearing. In pertinent part, Conn.Gen.Stat. § 51-51l(a) provides that "any investigation to determine whether or not there is probable cause that conduct under section 51-51i has occurred shall be confidential and any individual called by the commission for the purpose of providing information shall not disclose his knowledge of such investigation to a third party...." As in the parallel federal system, the confidentiality of the investigation would appear to be required indefinitely. See 28 U.S.C. § 372(c).

There are two statutory exceptions to the rule of confidentiality. First, any investigation or proceeding shall not be confidential if the judge or family support magistrate who is the object of a complaint so requests. See Conn.Gen.Stat. § 51-51l(a); see also Conn.Gen.Stat. § 51-51l(f) (November, 1991 amendment). Second, the Legislative Program Review and Investigations Committee of the General Assembly may by majority vote obtain information concerning complaints, investigations, and disposition of complaints "provided no names or other identifying information shall be disclosed." Conn.Gen.Stat. 51-51l (e) (as amended November, 1991). The Connecticut confidentiality provisions are thus generally similar to those for review of complaints against federal judges. See 28 U.S.C. § 372(c)(14) (all papers,...