Skip to main content

Zarella's Friends

Thanks to a decision made by Attorney General Richard Blumenthal, transcripts of usually closed-door proceedings by the ultra secretive Judicial Review Council have been made public. Blumenthal’s decision that the council’s investigatory records must be made public after the council determines it has sufficient evidence to bring charges has opened a small window into the council’s deliberations and findings.

No one yet has asked Blumenthal whether his decision will apply retrospectively to previous Judicial Review Council investigations. In any case, Blumenthal’s decision opens the doors wide to a case involving State Supreme Court intrigue that previously had been bathed in the half-light of secret deliberations – and the resulting disclosures are not pretty.

According to the transcripts of the council’s deliberations, Justice Richard Palmer learned on April 8 from a law clerk’s query that Supreme Court Chief Justice William Sullivan had placed a hold on the publication of a decision that, some believe, might have affected a legislative vote on whether to accept Governor Jodi Rell’s nomination of Peter Zarella as Chief Justice of the court.

On April 10, Palmer told Justice David Borden about the hold, and “sometime thereafter,” according to a news report, Justice Joette Katz “was consulted.” Both Borden and Palmer testified before the council that Zarella denied knowing that there was a publication hold on a ruling that might have affected his nomination, and both testified, according to one report, “that they had no reason to disbelieve him.”

Indeed, there is a good reason justices Borden and Palmer may have thought that Zarella’s protestation that he knew nothing of the hold was true: They didn’t tell him.

On April 20, ten days after justices Borden, Palmer and Katz had consulted with each other, the Supreme Court met and decided on a vote of 3-3 not to refer a complaint of misconduct against Justice Sullivan to the Judicial Review Council. Opposing the complaint were justices Flemming Norcott Jr, Christine Vertefeuille and Zarella; Palmer, Katz and Borden approved the referral.

Borden later filed a compliant by himself. Asked why Palmer and Katz didn’t join him in the complaint, Borden responded, “If we all three did it, it would be piling on, or something like that."

During the council proceedings, Borden was asked why he did not apprise justices other than Palmer and Katz that Sullivan had placed a hold on the publication of a decision that might damage Zarella’s prospects. He said, “We didn’t know what we were going to do. There was the three of us, fairly close friends and colleagues.”

Asked why he did not confront Sullivan immediately on April 10, Borden responded, “We were. I’m being very candid here, we were afraid we would find out what we ultimately found out ... and it took us awhile to get up the courage, the gumption, integrity or whatever to find out about it and do something about it." By “we,” Borden did not mean to include justices Norcott, Vertefeuille or, most importantly, Zarella, who withdrew his nomination after Borden had issued a letter denouncing Sullivan to the legislative committee deciding Zarella’ nomination.

“I take it you had some ambitions to be chief justice some day,” attorney Robert Cooney asked Borden at the Judicial Review Council hearing, to which Borden, now the sitting Chief Justice of Connecticut’s high court, responded, “Oh, I would have liked it. I think ‘ambitions’ might be a bit strong.”

G. Kenneth Bernard, a lawyer and member of the review council, challenged Borden: "I'm failing to see what your letter did to assist the public, other than to quash Justice Zarella's opportunity to become chief justice.”

Said Borden, “I don't think I could have, as a matter of what was right and, frankly, what was practical, sat on that information without informing the legislature… I was in an extraordinary situation and I made the best judgment I could about what I had and what my obligations were."

Borden apparently felt no obligation to tell Zarella on April 10, when he received the information from Palmer, that Sullivan by holding publication of a report potentially damaging to Zarella was pursuing a course that might well – as it did – damage Zarella’s prospects as Rell’s nominee for chief justice.

Let no one speak of ambitions here. Ambitions have no place among honorable men.

Comments

Anonymous said…
It's F-ing Halarious to have read this and then to see the words Cognative Dissonance on the Left as I scrolled Down.

It seems to me projection is all you radicals have left.

Popular posts from this blog

Casey Chadwick’s Uneasy Life after Death

Casey and her mother Wendy "I just started grief counseling. I'm always sad. I'm sad and in pain and I miss her." Wendy Hartling   Hartling is the mother of Casey Chadwick, murdered in 2015 by Jean Jacques , an illegal Haitian immigrant. Jacques was convicted of the murder of Chadwick in a New London Superior Court jury trial and sentenced by Judge Barbara Bailey Jongbloed to a 60 year term in prison. Since Jacques is 44 years of age, the sentence was, in effect, a life sentence. Connecticut Commentary coverage of the Chadwick murder may be found here , and here   and here . Jacques could not have been sentenced to death because Connecticut’s Democrat dominated General Assembly, under pressure from the state Supreme Court, had abolished Connecticut’s death penalty law in 2012 . The slaughter of Chadwick was particularly brutal. Her body had been found by a friend who, opening a door to a closet, discovered Chadwick stuffed in a dark corner drenched in blo...

Understanding North Korea Through Dramaturgy

The U.S. military is sending the Vinson Strike Group, including the carrier and two guided-missile destroyers, to operate in the Western Pacific Ocean in response to Pyongyang’s recent missile tests. Secretary of State Rex Tillerson, asked about the strike force, issued a terse statement: “The United States has spoken enough about North Korea. We have no further comment.” Is this a post-Syrian bombing mission? Will the US take out North Korea’s missile launching sites, possibly with the unspoken concurrence of China? Never let a bombing go to waste. There are some in the United States who think any such incident should be used to rid North Korea of that runty little totalitarian cock-of-the-walk who keeps his countrymen starved, in fear and at his knees. Since we only have one chance, they say, go for the clean sweep -- no more Kims. Connecticut Commentary is reprinting an earlier piece about the Kims here. Best read with a glass of port.

The Blumenthal Burisma Connection

Steve Hilton , a Fox News commentator who over the weekend had connected some Burisma corruption dots, had this to say about Connecticut U.S. Senator Dick Blumenthal’s association with the tangled knot of corruption in Ukraine: “We cross-referenced the Senate co-sponsors of Ed Markey's Ukraine gas bill with the list of Democrats whom Burisma lobbyist, David Leiter, routinely gave money to and found another one -- one of the most sanctimonious of them all, actually -- Sen. Richard Blumenthal."