Lawsuit Filed To Extend Polling Hours In Hartford

In 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”

John 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!

 

 


Does The State GOP Have Standing To Bring The “Federal Account” Lawsuit?

As 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.

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Democratic Party Moves To Dismiss State GOP’s “Federal Account” Lawsuit

The 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.

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DCF Commissioner Katz Responds To Judge Dewey

Earlier this week Superior Court Judge Julia Dewey found Douglas Wirth not guilty of sexually abusing a son that he and his former husband had adopted through the Department of Children and Families (“DCF”).  As the Hartford Courant reported, Judge Dewey did not limit her opinion to explaining why she found that the state had failed to meet its burden of proof; she also had some fairly harsh things to say about DCF for allegedly failing to turn over all relevant documents until the eve of trial.  She was particularly concerned about DCF’s apparent failure to disclose pre-adoption records of the complainant.

In a letter filed with the Superior Court today (a copy of which I obtained through a request to DCF), DCF Commissioner Joette Katz responds to Judge Dewey’s criticisms.   Here is an excerpt from the letter:

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Andy Thibault’s Well Intentioned, But Misguided, FOI Op-Ed

Cool Justic Report author and columnist Andy Thibault recently wrote an op-ed, along with Register Citizen reporter Isaac Avilucea, about their frustrating experience during a recent hearing before the Freedom of Information Commission (“FOIC”). The authors of the op-ed have some harsh words for the hearing officer, FOIC commissioner Matthew Streeter, and how he conducted the hearing. The authors write of Streeter that “his bias and negligence pose a dire warning for any lay complainants who appear before the FOI Commission going forward.” They further complain that Streeter sustained most of the objections raised by Assistant Attorney General Terrence O’Neill (who represented the State Police at the hearing) and also accuse Streeter of “suppress[ing] evidence and statements that normally and customarily would be admitted during Freedom of Information hearings.”

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News12 Interview On Freedom Of Information

Last Friday, News12 Connecticut’s Tom Appleby interviewed me and Chris VanDeHoef, president of the Connecticut Daily Newspaper Association, about recent developments on the freedom of information front in Connecticut. 

Whoever said the camera adds 10 lbs. to a person was lying; in my case it adds at least 20. 🙂


That’s One Hell Of An Accusation Hubie

Hartford attorney Hubert “Hubie” Santos is one of the most respected criminal defense attorneys in the State of Connecticut.  Rightly so. When he makes a representation in open court about a fact that he believes to be true, people listen. Judges listen.  And the media reports what he says.

The Hartford Courant reports today that in a hearing before Superior Court Judge Julia Dewey on Monday, Attorney Santos accused Department of Children and Families Commissioner Joette Katz of intentionally interfering in a criminal prosecution by using her power to have a prosecutor removed from the case.  Santos said:

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Judicial Selection And Incumbent Judges

The Hartford Courant has reported that Superior Court Judge Curtissa R. Cofield, who has received two serious disciplinary suspensions in recent years, is going through the Judicial Selection Commission (JSC) process for reappointment as a judge when her current eight-year term expires in June 2015.

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Judge Releases Detailed Memorandum In Jane Doe/DCF Case

Last Friday I posted about the obstacles that the confidentiality of juvenile court proceedings and DCF records have posed to an informed public debate about DCF’s supervision of Jane Doe.   Although prior news reports noted an April 8, 2014 order of the Superior Court judge who granted DCF’s request to transfer Jane Doe to the York correctional facility in Niantic, the judge subsequently articulated his reasoning in greater detail in a 22-page memorandum released on May 6, 2014. (I have posted a copy that redacts the references to Jane Doe’s first name.)  An appeal from his initial decision was filed in the Appellate Court on April 16, 2014.

To the best of my knowledge, no one has reported on that memorandum yet.  [See Update at end of this post.]  If you are truly interested in Jane Doe’s case, PLEASE READ IT.  And be prepared to reevaluate many factual assumptions you have had about the case. Here is a selection from the beginning of the decision:

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