Rules Committee Meeting
Monday, September 22, 2014 at 2:00 p.m.
Supreme Court Courtroom
Supreme Court Building
1-1. Approval of the minutes of the meeting held on May 19, 2014.
1-2. Proposed Rules Committee meeting schedule for 2014/2015.
1-3. Proposal by Judge Eddie Rodriguez, Jr. concerning Notice of Administrative Suspension of Attorneys (first time being considered).
1-4. Proposal by Judge Jon Alander to amend Section 40-13(a) to add to that section the obligation of a prosecutor to make "a reasonable affirmative effort" to obtain the criminal history of a state’s witness, as required by State v. Siano, 216 Conn. 273 (1990); and to amend Section 40-11 to eliminate the requirement that the defendant make a written request that the state disclose exculpatory information and materials (first time being considered).
1-5. Proposal by Attorney Kevin G. Smith to amend the Practice Book to explicitly allow a party to file reply memoranda (first time being considered).
1-6. Proposals by several individuals to revise various Superior Court rules and forms. Referred to the Rules Committee by the Supreme Court from its public hearing on rules and forms held on April 14, 2014. Those proposals are as follows:
A. Proposal by Attorney Joseph P. Latino to amend the wage and financial institution execution forms (JD-CV-3a and JD-CV-24);
Proposal by Attorney Eric H. Opin to amend the financial institution execution form (JD-CV-24).
B. Proposal by Ms. Jane Doe #1 to amend Rule 3.11 of the Code of Judicial Conduct to add a provision requiring a probable cause hearing, when a judge fails to acknowledge having served as a director of a nonprofit corporation and fails to disclose this in awarding contracts to board members.
C. Proposal by Mr. Eric Stevens to add new subsections to Rules 1.2, 1.5, 1.6 and 1.14 of the Rules of Professional Conduct to require an attorney who has been appointed as a guardian ad litem (GAL) or as attorney for a minor child (AMC) to: Agenda September 2014.doc 2
(1) notify the court if they become aware of threats to the safety of a parent;
(2) provide to the judicial authority in advance of appointment retainer agreements, hourly fees and payment terms;
(3) notify the court if they become aware of reports of child abuse or neglect;
(4) treat minor children in custody disputes in the same manner "as any client who is an unimpaired adult," and to amend Rule 3.3 of the Rules of Professional Conduct to require that any GAL or AMC who knowingly or willfully does anything dishonest in court be prosecuted for criminal perjury.
D. Proposal by Ms. Marisa Ringel to adopt new Section 25-70, requiring an evidentiary hearing prior to an order of supervised visitation and providing that orders of supervised visitation will not remain in place for more than three months.
E. Proposal by Hector Morera seeking the repeal of Practice Book Sections 25-62 and 25-62a, concerning the appointment of GALs and AMCs.
F. Proposal by Ms. Susan Skipp that the provisions of Practice Book Section 25-60a are inadequate to ensure the confidentiality and privacy of medical records and psychiatric evaluations.
G. Proposal by Mr. Daniel M. Lynch seeking to clarify Practice Book Sections 2-49, 2-52, 2-71, 62-4, and 63-10.
H. Proposal by Ms. Sojourner Truth to modify Practice Book Section 23-68 to require an incarcerated self-represented party’s written consent as a prerequisite to ordering a videoconference hearing.
I. Proposal by Ms. Sara Burns suggesting modifications to Practice Book Section 7- 19 to "promote [the] same access for self-represented parties to standard discovery within thirty days of the issuance of the subpoena, as is mandated by [Practice Book §] 25-32 (a)."
J. Proposal by Ms. Jane Doe #2 that attorneys should be required to co-sign financial affidavits "under threat of sanctions and incarcerations, which is required of all self-represented litigants."
K. Proposal by Ms. Kate Howard for a new rule concerning the foreclosure docket. Agenda September 2014.doc 3
L. Proposal by Queen of Sheba concerning Practice Book Section 17-45, pertaining to summary judgment motions.
M. Proposal by Anon #5 to amend Rule 3.2 of the Code of Judicial Conduct to prohibit judges from appearing at public hearings, other than confirmation or reconfirmation hearings, unless a subpoena has been issued by the Office of the Attorney General.
1-7. Proposal by Ms. Anonymous that a new Practice Book Section be adopted requiring that transcripts and memoranda of decisions involving children’s medical conditions and treatment be redacted (suggestion received during testimony at May 19, 2014, public hearing).
1-8. Proposal by Attorney Lori Petruzzelli that the Rules Committee consider Section 23-61 in light of Public Act 14-156, An Act Concerning Arbitration in Motor Vehicle Cases (first time being considered).
1-9. Comments from various individuals received during the Rules Committee’s Public Hearing held on May 19, 2014, regarding Public Act 14-3, AAC Guardian Ad Litems and Attorneys for Minor Children in Family Matters.
Letter from Judge Bozzuto regarding comments received by the Rules Committee concerning Public Act 14-3.
1-10. Such other matters as may come before the Rules Committee.