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

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."

Donna

I am writing this for members of my family, and for others who may be interested.   My twin sister Donna died a few hours ago of stage three lung cancer. The end came quickly and somewhat unexpectedly.   She was preceded in death by Lisa Pesci, my brother’s daughter, a woman of great courage who died still full of years, and my sister’s husband Craig Tobey Senior, who left her at a young age with a great gift: her accomplished son, Craig Tobey Jr.   My sister was a woman of great strength, persistence and humor. To the end, she loved life and those who loved her.   Her son Craig, a mere sapling when his father died, has grown up strong and straight. There is no crookedness in him. Thanks to Donna’s persistence and his own native talents, he graduated from Yale, taught school in Japan, there married Miyuki, a blessing from God. They moved to California – when that state, I may add, was yet full of opportunity – and both began to carve a living for them...

Lamont Surprised at Suit Brought Against PURA

Marissa P. Gillett, the state's chief utility regulator, watches Gov. Ned Lamont field questions about a new approach to regulation in April 2023. Credit: MARK PAZNIOKAS / CTMIRROR.ORG Concerning a suit brought by Eversource and Avangrid, Connecticut’s energy delivery agents, against Connecticut’s Public Utility Regulatory Agency (PURA), Governor Ned Lamont surprised most of the state’s political watchers by affecting surprise.   “Look,” Lamont told a Hartford Courant reporter shortly after the suit was filed, “I think it is incredibly unhelpful,” Lamont said. “Everyone is getting mad at the umpires.   Eversource is not getting everything they want and they are bringing suit. It was a surprise to me. Nobody notified me. I think we have to do a better job of working together.”   Lamont’s claim is far less plausible than the legal claim made by Eversource and Avangrid. The contretemps between Connecticut’s energy distributors and Marissa Gillett , Gov. Ned Lamont’s ...