Connecticut Commentary: Red Notes from a Blue State

“Judge Chatigny stated that he had forgotten his brief, inconsequential involvement with Ross' direct appeal and would have recused himself had he remembered it. A failure to recuse resulting from an innocent and reasonable memory lapse is not misconduct." Those lines, from a special committee report clearing Judge Robert Chatigny from charges of misconduct, ought to be dubbed “the Lisa Moody defense.” Essentially, the panel of judges that gave a pass to Chatigny are saying 1) Chatigny did indeed fail to recuse himself for having participated earlier in the Michael Ross case, 2) the failure to recuse does indeed indicate misconduct, but 3) a failure to recuse oneself need not lead to a determination of misconduct if the judge “innocently and reasonably” has a memory lapse. One recalls Moody’s doubtful memory lapse in connection with Chatigny because Moody, Governor Rell’s chief aide, had made handwritten notes on a memo she claimed not to have remembered; Chatigny hand wrote 1...