Lawyer sues state over pandemic restrictions

BRIDGEPORT — A local lawyer claims in a federal lawsuit that the state Judicial Branch is violating the constitutional rights of criminal defendants and their lawyers with its restrictions on the state’s criminal case docket because of the coronavirus pandemic.

The lawsuit, filed in U.S. District Court here against Patrick L. Carroll III, chief court administrator of the Judicial Branch, claims court officials are giving deference to civil case proceedings over criminal cases in allowing hearings and other proceedings.

“Notwithstanding the unpreparedness of the Judicial Branch to deal with the COVID-19 pandemic, the defendant, in the past 13 weeks, has not fulfilled his statutory charge of ensuring the prompt disposition of cases and the proper administration of judicial business,” the lawsuit states. “The differentiation of judicial branch policies toward criminal and civil matters has no rational basis.”

The suit seeks a judgement that the current policies of the Judicial Branch regarding the pandemic violate the constitution, that a special committee be appointed to examine the branch’s policies and recommend modifications and to not enforce the current policy that private lawyers appear in person for court hearings while public defenders can appear by video conferencing.

Local lawyer Robert Berke filed the lawsuit on behalf of Shelton lawyer James Ruane and three criminal defendants. He declined comment.

Carroll, through a spokesperson, declined comment on the lawsuit.

According to the lawsuit, Miguel Castro was arrested and accused of committing family violence crimes.

Castro sought to challenge a protective order against him but has not been able to do so because of the limited proceedings allowed by Judge Carroll in response to the pandemic, the suit states.

The suit continues, saying Richard Brown is currently held on bond and has several pending criminal matters in the Fairfield Judicial District.

“Brown’s cases have been rescheduled numerous times because they do not fall within priority one matters. Mr. Brown has been deprived of his opportunity to have a judicial pretrial, litigate or effectively seek outstanding discovery,” the lawsuit states

The suit also states that Juan Vazquez is seeking to have his criminal conviction overturned but a hearing on his case was canceled in March because of the pandemic.

The lawsuit points out that the federal courts and courts in several other states have been conducting criminal court hearings and proceedings by video conferencing.

Starting next week, Superior Court Judge Joan Alexander is going to begin having video conferences with lawyers about pending criminal cases. Starting on June 29, more courts will be reopening including Milford and Stamford.