Connecticut Supreme Court justice vacancy (February 2018)

Rogers Vacancy Connecticut Supreme Court
Vacancy date
February 5, 2018
Vacancy status
Seat filled
Nomination date
January 8, 2018
Confirmation date
April 30, 2018
Table of contents
The appointee Appointee candidates Selection process Media coverage About Chief Justice Rogers
See also
Recent news External links Footnotes

Connecticut Supreme Court Chief Justice Chase Rogers retired on February 5, 2018. In a letter to colleagues announcing her retirement, Rogers wrote, "When I began my tenure in 2007, I told my family and close friends that I thought ten years in a position of leadership was just about right...I continue to believe that and, therefore, have decided to move on to new tasks before I overstay my welcome."

Under Connecticut law, Democratic Governor Dan Malloy appointed Rogers' replacement. Malloy's nominee, Connecticut Supreme Court Justice Richard A. Robinson, was confirmed by the Connecticut General Assembly on Monday, April 30, 2018. Robinson was Malloy's sixth appointment to the seven-member supreme court.

The appointee

Current nominee

Gov. Malloy nominated current Connecticut Supreme Court Justice Richard A. Robinson to replace Rogers as chief justice on April 5, 2018. Announcing the nomination, Malloy said, "During his esteemed career in public and judicial service Justice Robinson has demonstrated a keen legal acumen and incisive insight. I am confident that as chief justice, his tenure will be marked with distinction and his leadership will prove to be invaluable, should he be confirmed." Senate Minority Leader Leonard Fasano (R) previously announced his support for Robinson, saying, "I think Justice Robinson would make a great chief justice, [the] first African American justice for our state. I don't agree with a lot of decisions, I might add. Some of the decisions, I have read them, but the logic and the moves he chooses when he writes these decisions are really unique and profound.

Previous nominee

On January 8, 2018, Gov. Malloy nominated current Connecticut Supreme Court Justice Andrew McDonald to replace Rogers as chief justice. However, while McDonald's nomination was approved by the Connecticut General Assembly, his nomination failed on a vote of 19-16 in the Connecticut State Senate. If confirmed, McDonald would have become the country's first openly gay state supreme court chief justice. McDonald was confirmed by the Connecticut House of Representatives on a 75-74 vote on March 12, 2018.

McDonald was first nominated by Malloy as an associate justice on the court on December 27, 2012, and confirmed by the Connecticut General Assembly on January 23, 2013. McDonald replaced Lubbie Harper and became the first openly gay person on the court. McDonald is a former partner of Pullman & Comley. He also served as a member of the Stamford Board of Representatives from 1993 to 1995 and on the Stamford Board of Finance from 1995 to 1999. He worked as the director of legal affairs for the city of Stamford from 1999 to 2002. From 2003 to 2011, he served as a Connecticut State Senator, representing Stamford and Darien in the 27th District. After leaving the legislature, he became general counsel for Gov. Malloy. In 2013, he joined the Supreme Court.

McDonald received his undergraduate degree from Cornell University in 1988 and his J.D. from the University of Connecticut School of Law in 1991.

The selection process

Connecticut uses the commission-selection, political appointment method for judicial selection. A judicial nominating commission screens candidates and submits a list of names to the governor, who must appoint a judge from that list. The appointee must then be confirmed by the Connecticut General Assembly. Newly-appointed justices serve for eight years after their appointments, at which time they face renomination by the governor and approval by the assembly.

Media coverage

This section provides an overview of media coverage of the vacancy from within Connecticut and across the country. Selected articles are presented as a jumping-off point for deeper exploration of media coverage and as an overview of narratives that have emerged surrounding the vacancy. Articles exploring similar topics or conflicts are grouped into sections, with the most recent articles appearing at the top of each section. The following types of coverage are featured in this section:

• The appointment: Articles discussing updates on or controversy over the appointment
• Prospective appointees: Articles discussing potential appointees to fill the vacancy.
• The retiring judge: Articles discussing the retiring judge and her impact on the court.

The appointment

• Christopher Keating, Hartford Courant (March 27, 2018):

"The state Senate delivered a historic rejection Tuesday of Justice Andrew McDonald as the state’s next chief justice of the Supreme Court in a bitter and emotional battle over controversial issues ranging from the death penalty to homophobia.

All 18 Senate Republicans voted against McDonald and were joined by a moderate Democrat, Sen. Joan Hartley of Waterbury, a strong supporter of the death penalty who was concerned about McDonald's vote to eliminate capital punishment...

During more than four hours of debate Tuesday, Sen. John Kissel, an Enfield Republican, said that after serving with McDonald for eight years in the state Senate and on the judiciary committee, Kissel saw McDonald as a passionate Democrat who supported eliminating the death penalty and other issues.

'We don’t want an activist chief justice driving this branch of government,' Kissel said on the Senate floor. 'It’s a dyed-in-the-wool Democratic background that he has. … I, personally, like Andrew McDonald. This was not an easy decision for me to make. … He was always super kind to me and my family.'...

But Sen. Beth Bye, a West Hartford Democrat who noted that she is the only openly gay senator, said McDonald had clearly been treated differently than other previous candidates to be chief justice — citing that his public hearing lasted nearly 13 hours.

'Forgive my skepticism that this has nothing to do with Justice McDonald being gay,' Bye said. 'I am so sorry for my good friend, Andrew, that he has had to go through this very different and very unusual confirmation process.’'"

• Christine Stuart, CT News Junkie (February 27, 2018):

" After more than 13 hours of testimony the Judiciary Committee was evenly divided early Tuesday on whether to elevate Supreme Court Justice Andrew McDonald to chief justice.

The committee voted 20-20 on his nomination, which means it will forward what will be considered an unfavorable report to the House and Senate. Rep. Thomas O’Dea, R-New Canaan, abstained."

• Christopher Keating, Hartford Courant (January 10, 2018)

"Two prominent candidates for statewide office are clashing sharply over the nomination of state Supreme Court justice Andrew McDonald to be the court’s chief justice.

The dust-up started when former Trumbull first selectman Timothy Herbst, a Republican who is running for governor, criticized McDonald, a Stamford Democrat and longtime political ally of Gov. Dannel P. Malloy, who nominated him...

'Justice McDonald, as a former state senator and political advisor to Dan Malloy, demonstrated a partisan streak that continued as Gov. Malloy’s chief legal counsel for two years,' Herbst said. 'McDonald had no judicial experience when he was nominated to the Supreme Court by this governor. If John Rowland or Jodi Rell nominated their best friend and political advisor to serve as the Chief Justice of the Connecticut Supreme Court, they would have been rightfully excoriated by the political opposition and likely criticized by those in their own party.'

Herbst, who supports the death penalty, also criticized McDonald for voting with the court’s majority in favor of eliminating the death penalty in Connecticut in a highly controversial case.

Herbst’s criticism prompted a strong response from state Rep. William Tong, a Stamford Democrat who is running for attorney general...As the current House chairman of the judiciary committee, Tong said he would not normally speak on the issue before the public hearing.

'Tim Herbst is clearly trying to poison the well and prejudice Justice McDonald’s nomination before it reaches the judiciary committee and the House and Senate for consideration,’' Tong said. 'If Herbst will directly interfere with the proceedings of the General Assembly so unfairly and aggressively as a candidate, one can hardly fathom what he would do if he were governor.'...'No lawyer in Connecticut is more qualified to serve as chief justice or in any legal role,’' Tong said. 'Tim Herbst has none of these credentials, and as far as I can tell, is not qualified to do any of these jobs.'

Appointee candidates and nominations

• Ken Dixon, ctpost, (November 2, 2017):

"The retirement announcement Thursday by Connecticut Supreme Court Chief Justice Chase T. Rogers could open the door for what in the future may be called 'the Malloy Court.'

And Associate Justice Andrew J. McDonald of Stamford might lead the way.

McDonald is a former top adviser to Gov. Dannel P. Malloy as far back as when he was mayor of Stamford. At age 51, he is the youngest of the Supreme Court veterans, who were joined this week by two interim justices elevated from the Appellate Court."

The retiring judge

• Karen Florin, The Day, (November 11, 2017):

"Coming into the job at a time when public trust in the courts was diminished due to revelations that the courts had maintained a system of secret sealed files to protect those in power and an important Supreme Court decision involving access to court documents was held to aid a judicial appointment, Rogers knew things had to change. She wanted the shades opened, offering a clear view into the workings of the Judicial Branch...

With her support, judges passed a rule that enables news cameras, previously forbidden, into many court proceedings. The Judicial Branch website has been improved continually to provide easy access to court documents. A telephone translation service is available in 150 languages for those who don't speak English, and forms are available in the top three non-English languages: Spanish, Portuguese and Polish. Rogers recruited a corps of volunteer attorneys who during the past seven years helped more than 13,000 people who couldn't afford a lawyer."

About Chief Justice Rogers

Rogers was appointed to the court on April 25, 2007, by Governor Mary Jodi Rell. In 2015, she was renominated by Governor Dan Malloy. Her term would have expired in 2023. She retired from the bench on February 5, 2018.

During her tenure on the supreme court, Rogers created a Public Service and Trust Commission to consider suggestions from attorneys, advocates, and the public on making the state's court system more accessible and more transparent. Those suggestions led to a new rule allowing news cameras in some court proceedings and other changes to facilitate public access to the courts.

She received her undergraduate degree from Stanford University in 1979 and her J.D. from Boston University School of Law in 1983. Before her appointment to the supreme court, Rogers served on the Connecticut Appellate Court and the Connecticut Superior Court.

See also

Connecticut	Judicial Selection	More Courts
Courts in Connecticut Connecticut Appellate Court Connecticut Supreme Court	Elections: 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Connecticut	Federal courts State courts Local courts

External links

• Connecticut Supreme Court
• Connecticut Supreme Court Historical Society

Footnotes

Connecticut courts

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Federal courts:

Second Circuit Court of Appeals • U.S. District Court: District of Connecticut • U.S. Bankruptcy Court: District of Connecticut

State courts:

Connecticut Supreme Court • Connecticut Appellate Court • Connecticut Superior Court • Connecticut Probate Courts

State resources:

Courts in Connecticut • Connecticut judicial elections • Judicial selection in Connecticut