Constitution of Connecticut (2025 publisher edition) — Article FIFTH

Publisher edition notice: The publisher identifies this compilation as revised to January 1, 2025. It preserves the annotated original 1965 text and all ratified amendments, alongside the Revisors' unofficial convenience version incorporating extant amendments. The latter does not supersede the original Constitution and amendments; later changes have not been independently verified.

Article FIFTH Revisors’ compilation incorporating extant amendments; publisher convenience version.

ARTICLE FIFTH.
OF THE JUDICIAL DEPARTMENT.
(Courts, powers and jurisdiction.)
Sec. 1. The judicial power of the state shall be vested in a supreme court, an appel-
late court, a superior court, and such lower courts as the general assembly shall, from
time to time, ordain and establish. The powers and jurisdiction of these courts shall be
defined by law.
Historical Note: This section, as printed here, incorporates Article XX., Sec. 1, of the Amendments to the Constitu-
tion of the State of Connecticut. Said Article XX., Sec. 1, was adopted on November 24, 1982, and established the
appellate court.

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264 CODIFIED CONSTITUTION Art. V
INCORPORATING ALL EXTANT AMENDMENTS
OF THE STATE OF CONNECTICUT
(Selection, nomination, appointment and removal of judges. Judicial selection
commission.)
Sec. 2. Judges of all courts, except those courts to which judges are elected, shall
be nominated by the governor exclusively from candidates submitted by the judicial
selection commission. The commission shall seek and recommend qualified candidates
in such numbers as shall by law be prescribed. Judges so nominated shall be appointed
by the general assembly in such manner as shall by law be prescribed. They shall hold
their offices for the term of eight years, but may be removed by impeachment. The gov-
ernor shall also remove them on the address of two-thirds of each house of the general
assembly and the supreme court may also remove them as is provided by law.
Historical Note: This section, as printed here, incorporates Article XX., Sec. 2, of the Amendments to the Consti-
tution of the State of Connecticut, and Article XXV., of said Amendments. Said Article XX., Sec. 2, was adopted on
November 24, 1982, and added references to judges of the appellate court. Said Amendment XXV., was adopted on
November 19, 1986, and specified inapplicability to judges who are elected, specified that governor’s nominees are to
be chosen from candidates submitted by the judicial selection commission, and added provision authorizing the supreme
court to remove judges as provided by law.
(Lower court judges, appointment, terms.)
Sec. 3. Judges of the lower courts shall, upon nomination by the governor, be
appointed by the general assembly in such manner as shall by law be prescribed, for
terms of four years.
(Probate court judges, election, terms.)
Sec. 4. Judges of probate shall be elected by the electors residing in their respective
districts on the Tuesday after the first Monday of November, 1966, and quadrennially
thereafter, and shall hold office for four years from and after the Wednesday after the
first Monday of the next succeeding January.
(Justices of the peace.)
Sec. 5. Repealed.
Historical Note: This section was repealed by Article VIII., Sec. 1, of the Amendments to the Constitution of the State
of Connecticut. Said Article VIII., Sec. 1, was adopted on November 27, 1974. This section had provided for the election
of justices of the peace by each town as prescribed by law.
(Age limitation, exception.)
Sec. 6. No judge shall be eligible to hold his office after he shall arrive at the age of
seventy years, except that a chief justice or judge of the supreme court, a judge of the
superior court, or a judge of the court of common pleas, who has attained the age of
seventy years and has become a state referee may exercise, as shall be prescribed by
law, the powers of the superior court or court of common pleas on matters referred to
him as a state referee.
Historical Note: This section, as printed here, incorporates Article VIII., Sec. 2, of the Amendments to the Constitu-
tion of the State of Connecticut. Said Article VIII., Sec. 2, was adopted on November 27, 1974, and removed justices of
the peace from purview of section.
(Judicial censure, removal or suspension. Judicial Review Council.)
Sec. 7. In addition to removal by impeachment and removal by the governor on
the address of two-thirds of each house of the general assembly, judges of all courts,
except those courts to which judges are elected, may, in such manner as shall by law
be prescribed, be removed or suspended by the supreme court. The general assembly
may establish a judicial review council which may also, in such manner as shall by law
be prescribed, censure any such judge or suspend any such judge for a definite period
not longer than one year.

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Art. VI CODIFIED CONSTITUTION 265
OF THE STATE OF CONNECTICUT
INCORPORATING ALL EXTANT AMENDMENTS
Historical Note: This section, as printed here, was added by Article XI., of the Amendments to the Constitution of
the State of Connecticut and designated as “Sec. 7” by the Revisors. Said Article XI., was adopted on November 24,
1976, and authorized the supreme court to remove or suspend judges of all courts, except those who are elected, and
empowered the general assembly to establish a judicial review council authorized to censure or suspend judges for not
longer than one year.

Article FIFTH Original 1965 text and publisher annotations; retained historical context.

ARTICLE FIFTH.*
OF THE JUDICIAL DEPARTMENT.
* County commissioners are not judges within the meaning of this article; 25 C. 186; nor justices of the peace. 102
C. 29, 31. Special commission to determine what shall be included in purchase of lighting plant by city, etc., not judges;
76 C. 571; nor is compensation commissioner. 89 C. 148. Cited. 130 C. 139; 138 C. 157, 164, 167; 175 C. 586; 199 C.
496; 211 C. 289.
Cited. 16 CA 437.
General Assembly has no power to define jurisdiction of either Supreme Court or Superior Court; history. 11 CS 489.
Cited. 41 CS 525.
(Courts, powers, and jurisdiction.)
Sec. 1. 1 The judicial power of the state shall be vested in a supreme court, a superior
court, and such lower courts as the general assembly shall, from time to time, ordain
and establish. The powers and jurisdiction of these courts shall be defined by law.
1 Amended by Article XX., Sec. 1, of the Amendments of the Constitution of the State of Connecticut.
(Supreme and superior court judges, appointments, terms, removal.)
Sec. 2.1 The judges of the supreme court and of the superior court shall, upon nom-
ination by the governor, be appointed by the general assembly in such manner as shall
by law be prescribed. They shall hold their offices for the term of eight years, but may
be removed by impeachment. The governor shall also remove them on the address of
two-thirds of each house of the general assembly.
1 Amended by Article XX., Sec. 2, and Article XXV., of the Amendments to the Constitution of the State of Con-
necticut.
(Lower court judges, appointment, terms.)
Sec. 3.1 Judges of the lower courts shall, upon nomination by the governor, be
appointed by the general assembly in such manner as shall by law be prescribed, for
terms of four years.
1 Under former constitutional provisions: A judge of a city court, appointed by the common council, under an act
of the legislature authorizing such appointment, held to be a judge de facto. 36 C. 449. Whether an act is constitutional
which provides that in the sickness or absence of the judge, a justice of the peace may be called in by the clerk to act as
judge, quaere. 38 C. 479, see also, 102 C. 29, 31. As to term of judge of city court elected to fill vacancy, see 78 C. 55.
Power of governor to fill vacancy; effect of electing judge for term and until his successor is elected and qualified. 87
C. 539. Cited. 130 C. 139; 132 C. 524. Applies to judges of all municipal courts whether called city, town, borough or
police courts. The rights of judges, appointed previous to the time amendment XLVII (to original const.) became effec-
tive, expired June 30, 1949, and thereafter they were de facto and not de jure judges. 135 C. 638. Not self-executing but
could become effective only when general assembly had fixed the term of judges and manner in which appointments
were to be made. Id. This amendment requires implementation by legislation and does not supersede section 5 until the
legislature acts. 138 C. 153. Not superseded by section 6 until legislature acts to implement the later amendment. Id.
Operative date of amendment. 144 C. 612, 624.
(Probate court judges, election, terms.)
Sec. 4. 1 Judges of probate shall be elected by the electors residing in their respective
districts on the Tuesday after the first Monday of November, 1966, and quadrennially
thereafter, and shall hold office for four years from and after the Wednesday after the
first Monday of the next succeeding January.

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178 CONSTITUTION OF THE STATE OF CONNECTICUT Art. VI
1 Cited. 138 C. 164. Provisions of 1967 probate court act for suspension of probate court judges by chief court admin-
istrator are unconstitutional shortening of four-year term of office provided by this section. 157 C. 150. Judge of probate
holds public office of state government but he does not hold an office established by the constitution even though his term
and those who can vote for him are set forth therein. Id. Cited. 192 C. 704; 193 C. 180.
(Justices of the peace.)
Sec. 5. 1 Justices of the peace for the several towns in the state shall be elected by the
electors in such towns; and the time and manner of their election, the number for each
town, the period for which they shall hold their offices and their jurisdiction shall be
prescribed by law.
1 Repealed by Article VIII., Sec. 1, of the Amendments to the Constitution of the State of Connecticut.
(Age limitation, exception.)
Sec. 6.1 No judge or justice of the peace shall be eligible to hold his office after
he shall arrive at the age of seventy years, except that a chief justice or judge of the
supreme court, a judge of the superior court, or a judge of the court of common pleas,
who has attained the age of seventy years and has become a state referee may exercise,
as shall be prescribed by law, the powers of the superior court or court of common
pleas on matters referred to him as a state referee.
1 Amended by Article VIII., Sec. 2, of the Amendments to the Constitution of the State of Connecticut.