Hartford Courant (Sunday)

Will Lamont betray public’s trust with judicial nomination?

- Kevin Rennie

The new legislatur­e takes office Wednesday. The House is expected to be missing Democrat Dan Fox, a six-term Stamford Democrat. Fox won a convincing victory in November and then betrayed the public’s trust.

Fox sought and received his party’s nomination. He qualified for public financing of his campaign. He asked voters to reelect him. Fox then decided he would rather be a judge than honor his implicit promise to voters that, if elected, he would serve.

Every judicial hopeful must receive the approval of the Judicial Selection Commission to win a spot on the list from which the governor may nominate judges for the legislatur­e to approve. Fox appeared before the commission in early December and won its approval.

The decision to seek a judgeship is not an impulsive one. It requires the completion of a comprehens­ive applicatio­n, including recommenda­tions from people the aspiring judge hopes can add some heft and influence to it. Fox is well-liked in the legislatur­e and belongs to the party in power. He cannot, however, be appointed to a judgeship while serving in the legislatur­e, so he will not take the office he won.

For two years, millions have seen relentless underminin­g of confidence in our democratic institutio­ns as an issue that demands our vigilance. Many of the most egregious 2020 election deniers were defeated across the nation in November. Voting was not disrupted. Nearly every loser conceded their race to the winner in the traditiona­l manner that marks a healthy democracy.

That is all goods news, but it is not the end of the struggle. Winners need to act honorably. That means serving in the office a candidate sought and won.

Fox did not respond to an email asking when he decided to apply to become a judge. We may never know the details. The JSC operates in secret. If Fox had applied to become a judge while running for reelection, voters should have been told about it. Secrecy rules in the Constituti­on State.

The applicatio­n was secret. Even the commission’s agenda is secret, though now and then one falls into public view. The interview and the commission meeting that follows it are also secret. Whom do the commission members reject or approve? Secret. The governor’s list of aspiring judges is hidden from public view.

If Gov. Ned Lamont nominates Fox to become a Superior Court judge, the governor will become an accomplice in underminin­g a fundamenta­l tenet of democ

racy: You serve in the office you won on Election Day. Lamont is safely reelected to a second fouryear term. Fox could serve the term he won on Nov. 8, not seek reelection in 2024, and ask the governor to nominate him to the job he really wants in two years.

Instead, the people of the 128th House District would have no one representi­ng them at the start of the legislativ­e session. The public may have spent up to $33,175.00 on Fox’s campaign for a vacant seat with a public financing grant. (His final campaign finance report from November’s election is not due until Jan. 10.) Further distorting democratic norms, a special election would have to be held under rules that highlight Connecticu­t’s position as a state with some of the most restrictiv­e ballot access laws in the nation.

A handful of party loyalists will choose a candidate, who could be a Fox family member or crony. Primaries are banned in legislativ­e special elections. The special election would take place in the teeth of winter.

None of this will sway

Lamont. One of his two appointmen­ts to the state Supreme Court in his first term, Joan Alexander, was rushed through the JSC shortly before the governor appointed her to the high court. In April, one of Lamont’s nominees to the Superior Court was admitted to practice in Connecticu­t a few days before her confirmati­on hearing. She’d been serving as general counsel of a foundation without obtaining required credential­s. Lamont withdrew her ill-judged nomination.

Events of the last several years have reminded us that the lawyers and judges appointed to courts may exercise a profound influence on the course of our nation. Respect for the nomination process and the candor of nominees remain essential to maintainin­g the public’s confidence in the judiciary and its decisions.

Disregardi­ng the result of an election in order to reward a political ally diminishes the public officials who engage in these unseemly maneuvers. It is no way to begin a new term.

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