Legislative Subpeona Power in Connecticut
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There exists Legislative Subpoena Power in Connecticut. This subpoena power is vested in the Connecticut General Assembly by Connecticut General Statute § 2-46. Recent decisions by the Connecticut Supreme Court have clarified and limited this power.
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[edit] The Power Generally
§2-46 vests the legislature with broad subpoena power. The power to compel documents and testimony is vested in the President of the Senate, Speaker of the House of Representatives, or either of the chairman of any committee (Connecticut has joint Committees, with a chairman from each house of the General Assembly). Once subpoenaed, a person refusing to comply may be fined between 100 and 1000 dollars and imprisoned for between 1 and 12 months. [1]
[edit] Legislative Subpoenas and the Office of the Governor
The legislature has the power to subpoena the sitting governor of the State of Connecticut in limited circumstances. The Connecticut Supreme Court clarified these circumstances, during the John Rowland impeachment, in the decision in ‘’Office of the Legislature v. The Select Committee On Inquiry’’. The legislature can issue subpoenas only in conjunction with its constitutional mandate. Impeachment is a constitutional power of the legislature under article IX of the Connecticut constitution. Therefore, the legislature can compel the testimony of the governor in conjunction with impeachment proceedings. [2]
[edit] Legislative Subpoenas and the Judicial Branch
The ability of the legislature to subpoena members of the Judicial Branch has also been clarified in court. During the controversy surrounding the retirement of Chief Justice William “Taco” Sullivan, the Connecticut General Assembly subpoenaed the testimony of Sullivan, who was still the sitting Chief Justice of the Connecticut Supreme Court. Sullivan challenged the subpoena in Connecticut Superior Court. The resulting decision in ‘’Sullivan v. McDonald’’ stated that the legislature could only subpoena a sitting Justice in an impeachment proceeding. On appeal, the entire Connecticut Supreme Court rescued itself and argument was made before the judges of the [Connecticut Court of Appeals] sitting as the Supreme Court. The Judiciary Committee, who issued the subpoenas, argued that they could also issue subpoenas in conjunction with their constitutional confirmation power. Sullivan voluntarily testified before a ruling was issued. [3] It is clear that the legislature can subpoena with regards to impeachment of sitting judges. It is an unresolved question if subpoenas can be issued in conjunction with the constitutional appointment power.
[edit] Footnotes
- ^ Connecticut Constitution §2-46
- ^ ‘’Office of the Governor v. Select Committee of Inquiry’’, 271 Conn. 540 (2004)
- ^ ‘’Sullivan v. McDonald, 2006’’ WL 2054052 (2006)
