The Arbitrariness Of Inherent Supervisory Authority

As I noted in my immediately preceding post, several justices on the Connecticut Supreme Court are concerned that the court has been invoking its “inherent supervisory authority over the administration of justice” too frequently and, in so doing, may be undermining the integrity of the judicial system.  Justice Zarella expressed the need for the court to adopt a single, consistent standard governing the court’s use of that authority in order to avoid “the appearance of arbitrary decisionmaking.”

I share Justice Zarella’s concerns and offer the following comparison of two cases to illustrate why they are justified.

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