While I support the intent of Bill #505 in terms of cutting back on inappropriate judicial activism--i.e. taking on the role of the legislature in creating law--I have serious concerns about Section 3 (a) of the bill as follows:
(a) The Superior Court shall be the sole court of original jurisdiction for all causes of action, except such actions over which the courts of probate have original jurisdiction, as provided by statute. The Superior Court shall have exclusive jurisdiction in cases at law and equity and in all criminal matters originating before it to determine credibility and find facts based upon the evidence submitted.
Unfortunately, on the superior court level, because there is a widespread failure to obey the Rules of Evidence or The Practice Book, incorrect facts end up in the record all the time, particularly when it comes to litigants with disabilities or with self represented parties. Unless protocols were put into place on the superior court level to safeguard litigants' right to correct any errors of fact that enter into the record, the inability to appeal decisions made based upon factual error would lead to injustice in a great many cases, particularly in regard to the most vulnerable. Therefore, I would either rewrite this section to address the concerns I've raised or simply vote down this bill.
Thank you very much for your time and attention to this matter and your careful consideration of the concerns that I've raised.
Sincerely,
Elizabeth A. Richter
Good post. I am experiencing a few of these issues as well..
ReplyDelete