Connecticut Court Structure PowerPoint Presentation

State of Connecticut
Division of Criminal Justice
OFFICE OF THE CHIEF STATE’S ATTORNEY
Christopher L. Morano
Chief State’s Attorney
Presented by: Francis J. Carino
Supervisory Juvenile Prosecutor
2005 Teacher Conference
Cromwell, CT October 13, 2005
United States Federal Court Structure
U. S. Supreme Court
U. S. Court of Appeals
U. S. District Court
Special Courts
United States Federal Court Structure
U. S. Supreme Court
 Created in Article III of the Constitution;
 Consists of the Chief Justice and eight associate justices;
 Hears and decide cases involving important questions about the interpretation and fair
application of the Constitution and federal law;
 Cases typically come to the Supreme Court as appeals to decisions of lower federal
and state courts.
United States Federal Court Structure
U. S. Supreme Court
U. S. Court of Appeals
 Each of the 12 regional circuits has one U.S. Court of Appeals.
 Hears appeals to decisions of the district courts located within its circuit and
appeals to decisions of federal regulatory agencies.
 The Court of Appeals for the Federal Circuit has nationwide jurisdiction and
hears specialized cases like patent and international trade cases.
 Connecticut is part of the 2nd Circuit with its U. S. Court of Appeals located in
New York.
United States Federal Court Structure
U. S. Supreme Court
U. S. Court of Appeals
U. S. District Court
 Considered the trial courts of the federal judicial system;
 There are 94 district courts, located within the 12 regional circuits;
 Hear practically all cases involving federal civil and criminal laws;
 Decisions of the district courts are typically appealed to the district's court of
appeals.
 The Connecticut federal court houses are located in Hartford, New Haven,
Bridgeport and Waterbury.
United States Federal Court Structure
U. S. Supreme Court
U. S. Court of Appeals
U. S. District Court
Special Courts
 Special courts with nationwide jurisdiction:
 U.S. Court of International Trade - U.S. trade with foreign countries and customs issues.
 U.S. Court of Federal Claims - monetary damage claims against the U.S. government,
federal contract disputes and “takings” or claiming of land by the federal government.
Connecticut State Court Structure
Supreme Court
Appellate Court
Superior Court
Probate Court
Connecticut State Court Structure
Supreme Court
 State's highest court. Chief Justice and 6 associate justices.
 Five justices hear and decide each case. A full court of seven may hear important cases.
 Reviews Superior Court decisions and certain decisions of the Appellate Court.
 Does not hear witnesses or receive evidence. It decides each case on:
• the record of lower court proceedings;
• briefs, used by counsel to convey the essential points of each party's case;
• oral argument based on the content of the briefs.
 Certain appeals may be brought directly to the Supreme Court from the Superior Court:
• when a provision of the state constitution or a state statute is found to be invalid
• convictions of capital felonies.
 May transfer to itself any matter filed in the Appellate Court, and may agree to review
decisions of the Appellate Court through a process called certification. With a few
exceptions, the Court may transfer any matter pending before it to the Appellate Court.
Connecticut State Court Structure
Supreme Court
Appellate Court
 Chief Judge and eight other Appellate Court judges.
 Three judges hear and decide each case. Occasionally all nine judges may sit and
participate in the decision.
 Reviews Superior Court decisions.
 Like the Supreme Court, the Appellate Court does not hear witnesses, but renders its
decision based upon:
• the record of lower court proceedings;
• briefs, which are used by counsel to convey the essential points of each
party's case;
• oral argument based on the content of the briefs.
 Upon certification, an Appellate Court decision may be reviewed by the Supreme Court.
Connecticut State Court Structure
Supreme Court
Appellate Court
Superior Court
• 15 judicial districts
(major criminal cases,
civil matters and family
cases)
• 22 geographical areas
(other civil and criminal
matters)
• 14 juvenile districts.
(juvenile matters and
probate appeals)
• 5 special housing court
sessions-Bpt, Htfd, NH,
Stam/Nor & Wtby
 Civil Division: hears cases where one party (plaintiff) sues another (defendant) over
civil, personal or property rights. landlord-tenant issues, accidents, contracts, product
or professional liability or to recover money damages. Cases may be tried to the judge
or to a jury, depending on the nature of the claim and the preference of the parties.
 Criminal Division: hears cases where a person (defendant) is accused of breaking the
criminal law (felonies, misdemeanors, violations and infractions) by the state,
represented by a state's attorney.
 Housing Division: hears housing cases in special sessions or the regular civil docket.
 Family Division: hears family matters (divorce, child custody and support) and juvenile
matters (delinquency, FWSN, YIC, child abuse/neglect & termination of parental rights.)
Connecticut State Court Structure
Supreme Court
Appellate Court
Superior Court
Probate Court
 Hears matters involving the estates of minors, deceased persons, testamentary trusts,
adoptions, conservators, commitment of the mentally ill and guardians of the persons.
 123 Districts, each with one judge, elected to a 4 year term by the electors of the
probate district. Probate judges need not be attorneys. They are paid from court fees.
CONNECTICUT’S
JUVENILE COURT
Types of Cases Handled
Civil Session:
• uncared-for children and youth,
• neglected children and youth,
• dependent children and youth,
• termination of parental rights of children,
• families with service needs (FWSN),
• youth in crisis (YIC)
• emancipation of minors
Criminal session:
• all proceedings concerning delinquent children
• persons sixteen and older who are under the supervision
of a juvenile probation officer while on probation or
suspended commitment to DCF, for purposes of enforcing
any orders entered as part of probation or suspended
commitment.
Delinquency Cases
Delinquency cases involve a child who
prior to attaining sixteen years of age has
violated:
1. any:
 federal or
 state law (including infractions) or
 municipal or local ordinance
2. any:
 order of the Superior Court
 suspended detention order
 FWSN order
 condition of probation
Dispositional Options - Delinquency
Dispositional Alternatives:
 Dismiss with a warning;
 Probation;
 counseling;
 community service;
 restitution;
 drug testing;
 essay;
 apology;
 Suspended Commitment to DCF;
 Commitment to DCF;
 18 months/4 years (SJO);
 Residential Facility/Juvenile Training School;
FWSN Cases
FWSN Offenses involve a child (under 16) who:
1. has without just cause run away from their parental home
or other properly authorized & lawful place of abode;
2. is beyond the control of his/her parent, parents,
guardian or other custodian;
3. has engaged in indecent or immoral conduct;
4. is a truant or habitual truant;
5. while in school, has been continuously and overtly
defiant of school rules and regulations;
6. is thirteen years of age or older and has engaged in
sexual intercourse with another person and such other
person is thirteen years of age or older and not more
than two years older or younger than such child;
Dispositional Options - FWSN
 refer the child to DCF for voluntary services;
 order the child to remain in his own home or
in the custody of a relative or any other
suitable person subject to the supervision of
a probation officer;
 commit that child to the care and custody of
the DCF for an indefinite period not to
exceed eighteen months;
Youth In Crisis Cases
A Youth in Crisis is a person (16 or 17 years old)
who within the last two years:
1. has without just cause run away from their
parental home or other properly authorized
and lawful place of abode;
2. is beyond the control of his/her parent,
parents, guardian or other custodian;
3. has four unexcused absences from school in
any one month or ten unexcused absences in
any school year;
Dispositional Options - YIC
 direct DMV to suspend the youth’s license for
up to one year;
 require work or specified community service;
 mandate that the youth in crisis attend an
educational program in the local community
approved by the court;
 require mental health services;
 refer the youth to a youth service bureau,
provided one exists in the local community;
 review the option of emancipation;
FWSN/YIC Cases
If there is a violation of a FWSN order:
The child has committed a delinquent act by
reason of having violated a valid court
order and is subject to all of the
sanctions available in delinquency cases.
If there is a violation of a YIC order:
A youth in crisis found to be in violation of a
court order shall not be considered to be
delinquent and shall not be punished by the
court by incarceration in any state operated
detention facility or correctional facility.
Summary of Juvenile Court Jurisdiction
Commit a crime
prior to 16
Runaway from home
Beyond Control of parent
Engage in Indecent/Immoral Conduct
Truant from school
Defiant of School Rules
Engage in Sexual Intercourse
prior to 16
Runaway from home
Beyond Control of parent
Truant from school
16 or 17
Delinquency
FWSN
YIC
Confidentiality
All juvenile information and records are
confidential and not subject to disclosure.
Exceptions – certain information may be released:
 to the police
 when a child is arrested for certain serious crimes
 when a child escapes from detention or placement
 when a child is the subject of a felony arrest warrant
 to the superintendent if arrested for certain offenses
 to a school expulsion panel
 the victim
Age Time Line
Juvenile Court
Adult Court
Person’s age
on date of
offense
13
14
16
Fourteen is the minimum age for transfer to the adult
court.
No matter how serious the crime or how extensive the
prior record might be, except for a “serious sexual
offender,”a child under age fourteen cannot be
transferred.
Consequences of a Transfer
to the Adult Court
A child transferred from the juvenile court to the
adult court loses all juvenile protections including
the right to:
 be kept separate from adult offenders;
 confidentiality;
 a maximum sentence of four years in a
juvenile facility;
 get their record erased;
 automatic suppression of statements made to
police without a parent present;
Miscellaneous Information
Magistrate: A person who is not a judge but who is authorized to hear and
decide certain types of cases.
 Family Support Magistrates are appointed by the Governor for three
year terms to hear cases involving paternity and child and spousal
support. They are quasi-judicial officers. They are not judges, but perform
some judicial functions. Their jurisdiction extends to child support cases
which include both welfare recipients and those who have paid a fee and
applied for state help collecting child support. Family Support Magistrates
establish, modify and enforce child and spousal support orders and hear
paternity proceedings unless a party has demanded a jury trial. Their
duties are described in Conn. Gen. Stat. Sections 46b-231.
 Small Claims Court Magistrates are not judges but are specially
appointed lawyers to handle cases filed in the Small Claims part of the Civil
Division of the Superior Court. In Small Claims Court, a person can sue for
amounts of up to $3500 except where the suit is brought for the return of a
security deposit. In this situation ONLY, the plaintiff may sue for double the
amount of the security deposit, plus accrued interest, even if the doubled
amount brings the claim over the $3500 jurisdictional limit. An attorney is
not needed. Simple rules of evidence apply, instead of complex rules.
There is no right to appeal the outcome.
Miscellaneous Information
 Motor Vehicle Infractions Magistrates hear motor vehicle infraction
tickets. An infraction is a violation of state criminal law for which the only
sentence authorized is a fine. A person is noticed of an infraction
through a written summons rather than being arrested and taken into
custody. No bail is required. A person charged with an infraction can pay
the fine by mail or in person to the Superior Court's centralized
infractions bureau on or before the date specified on the summons. The
payment of the fine is considered a plea of nolo contendere and is
inadmissible in any other criminal or civil proceeding against the
defendant. A plea of not guilty is transferred to a state's attorney for
review. The Superior Court has established a magistrate hearing process
to adjudicate the cases.
Miscellaneous Information
Justice of the Peace
The office of Justice of the Peace originated in England and was brought to
this country by the early colonists. The office existed in Connecticut in some
form from the beginning of the colony. Historically in the State of
Connecticut the role of the Justice of the Peace has diminished over the
years. At one time when this state had a multi-tiered Court system with
substantial judicial business being conducted by the municipal and city
Court judges, the elected Justice of the Peace had substantial authority with
respect to the administration of minor Courts in this State. Over the years the
scope of authority of this elected official has been narrowed so that in 1984
the role of the Justice of the Peace is limited to certain grants of authority
enumerated by statute. Justices of the Peace have general oath giving
powers (Conn. Gen. Stat. §1-24), may take acknowledgements (C.G.S. §1-29),
may join persons in marriage (C.G.S. §46b-22), and may take depositions
(C.G.S. §52-148c). There are also several statutory grants of power regarding
specific documents. Justices of the Peace are elected to a four-year term.
A Connecticut Justice of the Peace can perform a marriage or civil union
anywhere in the state. On October 1, 2005, Civil Unions became legal in
Connecticut.
Helpful Websites for Teachers:

Federal Court Information:
• http://usgovinfo.about.com/blfedcourts.htm

Connecticut State Court information:
• http://www.jud.state.ct.us/ (Click on “courts” in the left column)
• http://www.ncsconline.org/D_Research/Ct_Struct/CT.htm

Juvenile Court Information:
• http://www.opm.state.ct.us/pdpd1/grants/jjac/JJSystem.htm

Justices of the Peace Information:
• http://www.findajp.com/findconn.htm
Francis J. Carino
Supervisory Juvenile Prosecutor
Office of the Chief State’s Attorney
300 Corporate Place
Rocky Hill, CT 06067
Tel.: (860) 258-5826
Fax: (860) 258-5858
Voice Pager: (860) 490-0647
E-mail: fcarino@erols.com