The Practice Book And Section 1-2z–Not!
Posted: November 6, 2014 Filed under: Appellate Law | Tags: 1-2z, courchesne 2 CommentsThis post is another in a series of Dan Klau mini-tirades against the judicial application of General Statutes § 1-2z–the statutory “plain meaning rule”–to legal texts that are not statutes. As I have said before, and now say once again, the plain language of § 1-2z makes clear that it only applies to statutes. Thus, it does not apply to administrative regulations, local ordinances or, in my opinion, the Practice Book. Yet the state Supreme Court appears to disagree.
Lawsuit Filed To Extend Polling Hours In Hartford
Posted: November 4, 2014 Filed under: General Law Leave a commentIn response to problems in certain Hartford polling precincts, where voter registration lists were not available when the polls opened at 6:00 a.m., Governor Malloy has filed a lawsuit asking a Superior Court judge to extend the polling hours by one hour, i.e., from 8:00 p.m. to 9:00 p.m. Here is the link to the just-filed complaint. The complaint relies upon a 2008 Attorney General opinion, which states that a judge has the legal authority to extend voting hours under “exceptional circumstances.” The question, then, is whether a judge will view the particular circumstances described above as extraordinary.
A Discussion About Freedom Of Information On WNPR’s “Where We Live”
Posted: November 3, 2014 Filed under: General Law | Tags: foi, freedom of information, john dankosky, where we live Leave a commentJohn Dankosky, host of WNPR’s “Where We Live,” has been a very good friend to freedom of information (FOI) in Connecticut, often using his show as a opportunity to educate the public about the importance of FOI. Last week he taped a show dedicated entirely to FOI at Quinnipiac University before a student audience. I was honored to be one of four persons invited to participate in the panel discussion. The show aired this morning. Click here for the link to the show.
UPDATE (5:00 pm): CT-N covered the panel discussion. Click here to watch the CT-N video. (Warning: Many readers may find simply listening to my voice more pleasant than looking at my face.)
UPDATE 2.0: I can’t believe I forgot to mention a silly song I wrote about the FOI a few years back. Click here for a musical history of the state Freedom of Information Act!
Yes, I Am Ari Klau’s Father
Posted: October 27, 2014 Filed under: Uncategorized 4 CommentsThis post has nothing to do with the law, but as I own and publish this blog I get to depart from the normal format once in a while. Today I just want to brag about my son, Ari Klau, a senior at William Hall High School in West Hartford, CT and, as of this past Saturday, the Division LL state cross-country champion. As you can see, he was quite happy about his 15:48 victory. (The next runner crossed the finish line at 16:11.) Go Ari!
MANCHESTER 10-25-2014 Hall High Ari Klau celebrates as he approaches the finish lane during a CIAC Class boys and girls cross country championships Saturday afternoon at Wickham Park in Manchester Ari won first place (Marc-Yves Regis I, special to the Courant)
UPDATE (10/31/14): Ari took second place in the Connecticut State Opens, surpassed only by Darien’s amazing Alex Ostberg, who is ranked first or second in the entire nation!
UPDATE (11/8/14): Ari was the runner-up (out of 264 runners!) in the 2014 New England Championships, clocking a time of 15:39 on the 3.1 mile course at Wickham Park in Manchester, CT.
UPDATE (11/13/14): Ari signed a National Letter of Intent, committing to run cross country and track for the University of Virginia!
Does The State GOP Have Standing To Bring The “Federal Account” Lawsuit?
Posted: October 24, 2014 Filed under: General Law Leave a commentAs I noted in my preceding post, the state Democratic Party has moved to dismiss the state GOP’s lawsuit challenging a mailer the Democratic Party paid for from “federal account” funds to support Governor Malloy’s reelection campaign. The Democratic Party’s motion to dismiss articulates a number of reasons why the lawsuit should be dismissed, including that only the State Elections Enforcement Commission (SEEC) has the legal right to bring an action in court to enforce state campaign finance laws.
Democratic Party Moves To Dismiss State GOP’s “Federal Account” Lawsuit
Posted: October 22, 2014 Filed under: General Law Leave a commentThe Democratic Party of Connecticut filed a motion today asking the Superior Court to dismiss the state GOP’s lawsuit challenging the Democratic Party’s use of money from its “federal account” to pay for a mailer largely supporting Governor Malloy’s reelection campaign. The Republican Party contends that the use of funds from the federal account violates the state law prohibition against state contractors contributing to candidates for state office. (State contractors can contribute to the federal account under state law.) The Democratic Party contends that contractor funds are segregated and were not used in connection with the mailer.
Justice McDonald And The Fourth Amendment
Posted: October 14, 2014 Filed under: Appellate Law | Tags: fourth amendment, search, seizure, stop and frisk Leave a commentIt is still early in Justice Andrew McDonald’s judicial career, but does anyone else see the makings of a justice who is not afraid to say “no” to the state in Fourth Amendment cases?
Should The Chief Justice Always Decide Who Writes An Opinion?
Posted: October 10, 2014 Filed under: Appellate Law 5 CommentsA colleague recently lent me his copy of the new biography of Justice Scalia, “A Court of One.” It’s an enjoyable read. Last night I was reading a chapter that discussed how opinions are assigned to particular justices for drafting after oral argument. The power to assign an opinion to a particular justice is quite significant. Even when the opinion of the court is unanimous, the assignment of drafting responsibility to a particular justice can have a great impact on the scope of the ultimate decision. Some justices are known for narrow decisions, others write much more broadly. Each justice speaks with a unique “voice.” Moreover, the non-writing justices tend to be fairly deferential to the authoring justice in any given case because the non-writing justices want similar deference when they are drafting opinions for the court.
Supreme Court To Reconsider State v. Kitchens
Posted: October 8, 2014 Filed under: Appellate Law Leave a commentOn October 1, 2014, the Connecticut Supreme Court issued the following order on the defendant’s petition for certification to appeal the Appellate Court’s decision in State v. Herring:
On consideration of the petition by the defendant for certification to appeal from the Appellate Court . . . it is hereby ordered that said petition be, and the same is hereby granted, limited to the following issue: “Should this court overrule State v. Kitchens, thereby permitting review of the defendant’s unpreserved claim of instructional impropriety? If so, is the defendant entitled to prevail on that claim under Golding?
The U.S. Supreme Court’s Surprising Show Of Restraint
Posted: October 6, 2014 Filed under: Appellate Law | Tags: same sex marriage Leave a commentToday the United States Supreme Court surprised just about everyone by declining to hear appeals in any of seven cases in which lower courts had struck down as unconstitutional state laws banning same-sex marriage. Legal bloggers are having a field day as they try to understand why the four solidly conservative justices on the court (Roberts, Scalia, Alito and Thomas) did not vote in favor of granting at least one of the petitions for a writ of certiorari. (Only four votes are required to grant a cert petition.)
I am ill-equipped to weigh in on this issue. But here are three links (click here, here and here) to a few different perspectives on the issue. A more extensive discussion of the Court’s surprising decision appears on SCOTUSblog.
Appealingly Brief! 