The Day

Lawmakers to debate whether state needs new judges, as Malloy says more nomination­s coming Sharpton, school survivor announce anti-gun violence rally

- K.florin@theday.com

and leave a legacy before the end of his term. But Dubitsky said he’s hearing some members of the General Assembly are averse to filling judgeships if the Judicial Branch does not have the funding to employ support staff for them.

“What are judges going to do if they don’t have stenograph­ers, clerks and staff?” Dubitsky said in a phone interview from Hartford. “There are times when judges are there and they can’t hold court because they don’t have staff. I’m not sure where the balance is, but I know there are lot of people in the legislatur­e who are not prepared to confirm any new judges because of the lack of funding for the Judicial Branch.”

Superior Court Judges have a base salary of more than $167,000 a year plus benefits, and can collect a pension of approximat­ely two-thirds of their salary after 10 years of service.

Declining crime rate

The crime rate in Connecticu­t is declining, according to data compiled by the FBI, and statistics published by the Judicial Branch indicate reductions in criminal, civil and family cases. The branch itself has absorbed significan­t budget cuts over the past three years and currently has 710 fewer people to serve as support staff for new judges.

State law authorizes the appointmen­t of 201 judges and justices to the Superior, Appellate and Supreme courts. According to the Judicial Branch, 158 judges were seated as of March 21. The law authorizes 185 Superior Court judges, and 144 are seated. The figures do not include about 26 judges age 60 or older who have elected to take senior status. The status enables the judges to retire and collect their pension and to earn a per diem rate for days they work. The senior judges are not allowed to collect or earn more than what full-time judges are paid.

The figures also do not include 82 state judge trial referees, who are judges who have reached the mandatory retirement age of 70 and continue to work on a per diem basis. According to the Judicial Branch, 119 senior judges and state referees worked a total of 14,006 days between July 1, 2016, and June 30, 2017.

The caseloads for sitting judges in civil, criminal and family cases have decreased in recent years, according to figures provided by the Judicial Branch. At the same time, Malloy has touted the reduction in Connecticu­t’s crime rate and the closure of state prisons under his Second Chance Society initiative.

“I’m not sure who determines whether these positions are essential or not,” said state Sen. Heather Somers, R-Groton. “That’s the question. We’ve seen a decrease in the prison system. We’ve seen our crime rates go down. Is there still a need for these judges as thought? Are these essential positions, especially in the financial climate we have in Connecticu­t?”

Parting gift?

Judicial appointmen­ts are political, and Malloy, like other governors, has rewarded loyal supporters with appointmen­ts to the bench. Somers noted one of Malloy’s nominees this past week was James Spallone of Essex, a former Democratic state representa­tive currently serving as the chief lawyer for House Democrats.

“Is this just the governor’s parting gift?” Somers said. “I don’t know.”

It’s unclear how rank-andfile staffers would feel about the new infusion of well-compensate­d judges during what have become leaner times for many civil servants. Under the State Employee Bargaining Agent Coalition (SEBAC) agreement that went into effect on Oct. 2, 2017, state employees are paying more for health care and retirement benefits and are required to take three unpaid furlough days.

The reductions and other factors resulted in a surge of retirement­s. According to figures provided by the Judicial Branch, 3,972 people were working for the branch as of January 2018, a reduction of 710 from the 4,682 employed in January 2015. In 2017, the branch saw 243 employees retire; that’s compared to 150 the previous year. The numbers of retirement­s have climbed steadily since 2012, when 70 people retired.

Joe Gaetano, president of the Internatio­nal Brotherhoo­d of Police Officers Local 731, said the addition of new judges would further strain judicial marshals, whose ranks have shrunk by 200 people, to about 600 marshals, due to budget cuts and retirement­s. There are 37 new hires currently in training, but Gaetano said that would not help fill the gap, since people are retiring or leaving daily. He said it is unclear whether the Judicial Branch budget will enable a second class of new hires.

Cart before the horse

Adding new judges, Gaetano said, is like putting the cart before the horse. “There’s short staff in every court and it’s a very dangerous situation,” he said.

Carmen Roda, a probation officer who serves as president of the Judicial Profession­al Employees Union, said that probation officers are one of the most important prongs of Malloy’s Second Chance Society program to reduce incarcerat­ion and provide more community supervisio­n and rehabilita­tive programs for offenders. Budget cuts and attrition have thinned the ranks, though, and as of January 2018, Roda said there are 362 probation officers compared to 446 in 2015. He estimated between 39,000 and 40,000 people are on probation in Connecticu­t.

“We believe as probation officers, our mission is to get offenders in the community to go from law breaking to law abiding,” Roda said. “With that many people down, we are going to lose that type of quality interactio­n. If you’re going to appoint judges, great. We have to keep the system moving. But you need the people to support the offenders that are in the community.”

New York (AP) — A survivor of the Parkland, Fla., school shooting joined the Rev. Al Sharpton on Saturday to announce a June rally in front of President Donald Trump’s Manhattan apartment to protest gun violence eased by access to assault weapons.

Aalayah Eastmond, a junior at Stoneman Douglas High School, was at Sharpton’s National Action Network in Harlem for the minister’s weekly meetings.

Sixteen-year-old Eastmond was in class Feb. 14 when a gunman fired through a window, sparing her but eventually killing 17 people.

The June 2 rally — at the beginning of New York state’s Gun Violence Awareness Month — is to start at Trump Internatio­nal Tower on Columbus Circle and proceed toward Fifth Avenue and Trump Tower, where Trump has an apartment that has been his longtime home.

Among the June rally organizers is Ramon Contreras, 19, a senior at one of 11 NYC College Prep charter schools who lost a classmate to gun violence last October.

He said everybody wanted to do something, but felt “we didn’t have the resources.”

Last month, “the nationwide walkout gave us the courage, and pretty much the strength to say, ‘Hey, enough is enough.’”

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