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41-556: The first code was from 1650. Originally, the first revision of the early laws and orders of Connecticut was not printed. Prior to the revision of 1672, which was printed in 1675, the laws and orders of the General Court were promulgated only by manuscript copies. They were recorded in the public records of the court, and also in the town records, and it was made the duty of the constables of the several towns to publish such laws as should be made from time to time, and annually, to read

82-626: A J.D. from the University of Connecticut School of Law in 1975. Following admission to the Connecticut bar in 1976, Harper spent more than twenty years in private practice. He represented New Haven's board of education in matters concerning labor relations and education law and served as a campaign chair for John DeStefano Jr. in the 1990s. Harper received judicial appointments from two Republican and one Democratic governors. On May 22, 1997, Governor John G. Rowland nominated Harper to

123-601: A commission consisting of Governor Dutton, Judge Waldo, and Francis Fellowes, was appointed to make a new revision, known as that of 1849; Dutton and Waldo, with David B. Booth, served again in the same way in 1864. This revision was known as that of 1865. Before many years had passed, the need of another revision was felt, and another commission was appointed to make a new revision, with the view to classifying, consolidating, and supplying omissions and giving notes and references according to its judgment. Many ancient titles which had become obsolete, as Concerning Slavery Taverners, and

164-459: A constitutional amendment creating the intermediate Connecticut Appellate Court . The court's ruling on April 19, 1977, in Horton v. Meskill (172 Conn. 615) held that the right to education in Connecticut is so basic and fundamental that any intrusion on the right must be strictly scrutinized. The Court said that public school students are entitled to equal enjoyment of the right to education, and

205-564: A statement on the suit and its status. In State v. Santiago , 318 Conn. 1, the Connecticut Supreme Court held that, after the state legislature had abolished capital punishment for prospective cases in 2012, imposition of the death penalty for already convicted and sentenced prisoners was unconstitutional under the Constitution of Connecticut as "excessive and disproportionate punishment". Justice Palmer authored

246-661: A suit brought by the Boston Globe , Hartford Courant , The New York Times and The Washington Post in 2002. On October 5, 2009, the United States Supreme Court rejected a request by the diocese for the court to stay or reconsider the Connecticut opinion ordering the release of the documents. The documents were released at the Waterbury Superior Courthouse on December 1, 2009. The diocese has provided background and

287-411: A system of school financing that relied on local property tax revenues without regard to disparities in town wealth and that lacked significant equalizing state support was unconstitutional. It could not pass the test of strict judicial scrutiny. The Court also held that the creation of a constitutional system for education financing is a job for the legislature and not the courts. Chief Justice House wrote

328-405: Is a landmark Connecticut Supreme Court decision ( Sheff v. O'Neill , 238 Conn. 1, 678 A.2d 1267) regarding civil rights and the right to education . On July 9, 1996, the Connecticut Supreme Court ruled that the state had an affirmative obligation to provide Connecticut's school children with a substantially equal educational opportunity and that this constitutionally guaranteed right encompasses

369-689: Is an American lawyer and judge who was the third African American to become a justice of the Connecticut Supreme Court , serving from 2011 through 2012. While seconded to the court in 2008, he cast the deciding vote in Kerrigan v. Commissioner of Public Health , a ruling that legalized same-sex marriage in Connecticut . Harper also served as a justice on the Connecticut Superior Court (1997–2005) and on

410-455: Is studied as a continuation of the expansion of governments' power to seize property through eminent domain , although the widespread negative popular reaction has spurred a backlash in which many state legislatures have curtailed their eminent domain power. On Monday, June 21, 2004, Gov. John G. Rowland announced his resignation amid allegations of graft and a movement to impeach him for accepting gifts. The resignation came several days after

451-605: The Connecticut Appellate Court (2005–2011). Born in 1942 in New Haven, Connecticut , to parents who had moved northwards from North Carolina , Harper was raised by his mother and grandmother and grew up in the Newhallville and Dixwell inner-city neighborhoods. He attended local public schools and became a star basketball player at Wilbur L. Cross High School , graduating in 1961. Harper

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492-404: The Connecticut Superior Court , and he took the oath office on July 7, 1997. On January 5, 2005, Governor Jodi Rell nominated Harper to the Connecticut Appellate Court . He took the oath of office on January 26, 2005. Harper wrote 224 appellate opinions during the ensuing years. While standing in for recused Chief Justice Chase T. Rogers on the Connecticut Supreme Court in 2008, Harper cast

533-566: The Connecticut Supreme Court of Errors , is the highest court in the U.S. state of Connecticut . It consists of a Chief Justice and six Associate Justices . The seven justices sit in Hartford , across the street from the Connecticut State Capitol . The court generally holds eight sessions of two to three weeks per year, with one session each September through November and January through May. Justices are appointed by

574-1032: The governor and then approved by the Connecticut General Assembly . As of September 30, 2024 , the justices of the Connecticut Supreme Court are: Justices must retire upon reaching the age of 70. They may continue to hear cases as Judge Trial Referees in the Superior Court or the Appellate Court. Justices may assume Senior Status before attaining age 70 and continue to sit with the Supreme Court, as needed. Multiple justices have availed themselves of this option. For example, Justice Ellen Ash Peters took senior status in 1996, continuing to sit until 2000 and Justice Angelo Santaniello assumed senior status in 1987 and continued to sit as needed until 1994. Justice Armentano assumed senior status in 1983 but continued to sit with

615-665: The 4–3 majority opinion holding the death penalty as violating the state constitution's prohibition against cruel and unusual punishment while the dissenters (Chief Justice Rogers and Justices Zarella and Espinosa) charged the majority with substituting its own judgment for that of the legislature, which in 2012 had declined retrospective effect of Public Act 12-5 (P.A. 12-5), An Act Revising the Penalty for Capital Felonies. 41°45′45″N 72°40′59″W  /  41.762525°N 72.682972°W  / 41.762525; -72.682972 Lubbie Harper Jr. Lubbie Harper Jr. (born 1942)

656-677: The Appellate or Superior Court may be called to sit with the Supreme Court. One of the most recent instances of a lower court judge being called to "pinch-hit" was Judge Thomas Bishop of the Appellate Court in Bysiewicz v. Dinardo .Then-Appellate Court Judge Lubbie Harper Jr. (who later served as a Justice of the Supreme Court) also sat with the Supreme Court in the landmark case of Kerrigan v. Commissioner of Public Health . Judge Francis X. Hennessy also frequently served by designation on

697-527: The Connecticut Constitution established an independent judiciary, with the Supreme Court of Errors as the state's highest court. (The words "of Errors" were deleted in 1965). The creation of an independent judiciary established the third branch of government, which is responsible for interpreting the laws enacted by the legislative branch of government. In 1982, in response to an overwhelming Supreme Court docket, Connecticut's voters approved

738-584: The Council (or upper chamber of the General Assembly), and, in 1794, the Governor. In 1806, the number of Superior Court judges was increased from five to nine and those judges, sitting together, constituted the Supreme Court, replacing the Governor, Lieutenant Governor and Council Members. The General Assembly, however, retained the power to overturn the court's rulings. Twelve years later, in 1818,

779-565: The Court as needed. Chief Justice Callahan assumed senior status in 1999 but served for approximately another year as a Senior Justice. Chief Justice Sullivan assumed senior status in 2006 but continued to sit until 2009. Justice Vertefeuille assumed senior status in March 2022 and remained active with the Court until she turned 70 in October 2022. In the event of a recusal or absence, a judge of

820-461: The Court ruled on June 18 that the state House Select Committee of Inquiry, which was weighing whether to impeach Rowland, could compel the governor to testify. Those joining the majority in this opinion ( Office of the Governor v. Selected Committee of Inquiry to Recommend Whether Sufficient Grounds Exist for the House of Representatives to Impeach Governor John G. Rowland Pursuant to Article Ninth of

861-563: The Court. Notable former justices include: The Supreme Court of Connecticut was created in 1784. Prior to this, the power to review lower court rulings was vested in the General Assembly , which determined appeals by examining trial court records. Even after its creation, the Court was not completely independent of the executive and legislative branches, since its members included the Lieutenant Governor, members of

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902-713: The New Haven Legal Assistance Association’s Board of Directors. He served as a clinical tutor at Yale Law School and on the advisory board for the legal studies program at the University of New Haven. He also sat on the university's board of governors. He served as a board member of many civic and professional organizations, including the Connecticut Judges Association, the UConn School of Law Alumni Association,

943-915: The Shirley Frank Foundation, the Children's Museum of Greater New Haven, the Ulysses S. Grant Foundation, the Dixwell Legal Rights Association, the Urban League, and the New Haven Civil Service Commission. He received honorary Doctor of Laws degrees from the Quinnipiac University School of Law in 2012 and the University of New Haven in 2013. The Library Media Center at Wilbur L. Cross High School

984-666: The State Commission on Racial and Ethnic Disparity in the Criminal Justice System and serves as Connecticut's representative to the National Consortium on Racial and Ethnic Fairness in the Courts. He mentored scores of students, lawyers, and fellow judges throughout his life. Active in his profession and the community throughout his judicial career, Harper served twelve years as president of

1025-470: The State Constitution , SC 17211), included Justices Borden, Norcott, Katz, Palmer and Vertefeuille. In an extraordinary action, all five majority justices signed their names as authors of the opinion. Dissenting were Chief Justice Sullivan and Justice Zarella. On October 10, 2008, the court ruled in Kerrigan v. Commissioner of Public Health that gay and lesbian couples could not be denied

1066-439: The access to a public education which is not substantially and materially impaired by racial and ethnic isolation. This was a split 4–3 decision, which was authored by Chief Justice Ellen Ash Peters . Peters was joined in the majority opinion by Justices Robert Berdon, Flemming L. Norcott, Jr. , and Joette Katz . Justice David M. Borden authored the dissent, with Justices Robert Callahan and Richard Palmer concurring. One of

1107-487: The capital news at some public meeting. The laws were few and simple, yet they were such as the exigencies of the commonwealth required, and such as may be supposed to exist in the infancy of civil governments. The Connecticut Supreme Court struck down the " Blue Laws " in 1979 as an unconstitutional breach of the due process and equal protection clauses of the United States Constitution . Since

1148-560: The deciding vote in the case of Kerrigan v. Commissioner of Public Health . In this 4–3 ruling, the State Supreme Court legalized same-sex marriage in Connecticut . On February 23, 2011, Governor Dannel Malloy nominated Harper to the Connecticut Supreme Court , even though Harper would reach the court's mandatory retirement age of 70 in November 2012. On March 16, 2011, Connecticut House of Representatives approved

1189-547: The famous constitution of 1818 was adopted, revisions have occurred at intervals of a few years; although the first, that of 1821, was in force for a quarter century. In 1835, references to judicial decisions were printed for the first time; and some years afterwards, the Secretary began to publish separately the Private Acts, which in 1870 had accumulated to six volumes. The districts were rearranged in 1842; and in 1847,

1230-534: The importance of the case and the high likelihood that the United States Supreme Court would grant certiorari. The U.S. Supreme Court upheld the Connecticut Supreme Court's decision in favor of the city, in a 5–4 decision, with the dissent written by Justice Sandra Day O'Connor and joined by Chief Justice William Rehnquist and Justices Antonin Scalia and Clarence Thomas . The Kelo decision

1271-636: The like, were left out; many penalties and fines were changed because inadequate or expressed in antiquated terms; and by careful condensation, the whole mass of statues was abridged to a volume little larger than the previous one. This was the revision of 1875. From the Code of 1650 to the Revision of 1958 (currently in force), 16 complete revisions have been done. From 1918 to 1972, revision updates were carried out by means of supplements. The latest revision incorporates all public acts and certain special acts of

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1312-499: The majority opinion of the court, authored by Justice Katz, and joined by Chief Justice Rogers, and Justices Palmer and Vertefeuille, effectively ordered the Roman Catholic Diocese of Bridgeport to release thousands of legal documents from previous lawsuits filed against priests accused of sexually abusing children. A dissenting opinion was authored by Justice Sullivan. The Connecticut Supreme Court case stemmed from

1353-411: The majority opinion. Justices Bogdanski, Longo, and Barber concurred in the decision, and Justice Bogdanski filed a concurring opinion. Justice Loiselle dissented from the majority opinion. The Court (610 A.2d 1225), speaking through Justice Robert I. Berdon, delineated a six-factor test to assess claims of rights under the Connecticut Constitution. The six factors are: This test has subsequently formed

1394-405: The most important cases the court has decided was Kelo v. City of New London (2004), appealed to the U.S. Supreme Court . The state court sided with the city in a 4–3 decision, with the majority opinion authored by Justice Norcott and joined by Justices Borden, Palmer and Vertefeuille. Justice Zarella wrote an unusually lengthy and considered dissent (joined by Justices Sullivan and Katz), due to

1435-489: The nomination on a vote of 124–16, and the Connecticut State Senate followed suit, 24–7. Harper was sworn in the same day. Harper succeeded Joette Katz on the court. Harper was the third African American to serve on the state supreme court, following Robert D. Glass and Flemming L. Norcott Jr. Following his retirement from the courts, Harper sits by designation on the Appellate Court. He chairs

1476-491: The public nature, passed from 1959 through 2016, in effect on January 1, 2017, except that any section which has been repealed, been repealed by implication or become obsolete is not included if such section was never printed in a previously revised volume but only appeared in one or more of the several supplements to the General Statutes issued since 1959. The Connecticut General Statutes are divided into Titles as

1517-732: The right to marry because of the Equal Protection Clause of the state constitution. This decision made Connecticut the third state (along with Massachusetts and California ) to legalize same-sex marriage through judicial decree of the state supreme court. Chief Justice Rogers, who did not participate in the decision, was replaced by appellate Judge Lubbie Harper Jr. The majority opinion was written by Justice Palmer, and joined by Justices Norcott, Katz, and Judge Harper. Justices Zarella, Vertefeuille, and Borden dissented. In George L. Rosado et al. v. Bridgeport Roman Catholic Diocesan Corporation et al. (SC 17807) , 292 Conn. 1 (2009)

1558-581: The top heading. Titles are subdivided into Chapters (Articles in the Uniform Commercial Code ), which are in turn subdivided into Sections. Sections contain the actual text of the statutes. A legal citation to, for example, Title 14, Section 219, of the Connecticut General Statutes would read "Conn. Gen. Stat. Sec. 14-219". Connecticut Supreme Court The Connecticut Supreme Court , formerly known as

1599-644: The underpinnings of subsequent decisions interpreting and guiding the meaning of the Connecticut Constitution, including that the Connecticut Constitution affords greater protections than its Federal counterpart—including the Kerrigan decision discussed below, and Connecticut Coalition for Justice in Educational Funding v. Rell. Chief Justice Ellen Ash Peters and Justice David Shea and Justice Robert Glass joined Justice Berdon's majority opinion. Justice Alfred Covello dissented. Sheff v. O'Neill

1640-779: Was named after him in 2013. The University of New Haven established the Justice Lubbie Harper, Jr. Endowed Scholarship Fund in 2017. Harper received the following awards and honors, among others: Harper and his wife, Twila, live in North Haven . Harper Jr., Lubbie (2022-10-25). "Acceptance Remarks for the Public Service Award by Justice Lubbie Harper, Jr., presented by the UConn Law School Alumni Association" (PDF) . UConn School of Law . Archived (PDF) from

1681-504: Was the first in his family to attend college. He earned a Bachelor of Science degree from the University of New Haven in 1965 and a Master of Social Work degree from the University of Connecticut in 1967. For nearly a decade, he worked as a community school coordinator at the New Haven Community Schools and as a field instructor for the UConn School of Social Work. He returned to UConn to study law, receiving

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