The Bridgeport evening farmer. [volume] (Bridgeport, Conn.) 1866-1917, 1913-03-05
CITY COURT JUDGES
CAN'T KEEP PLACES
THAT Is OPINION OF ATTORNEY
GENERAL LIGHT GIVEN JU.
dietary COMMITTEE.
BELIEVES GOVERNOR MUST AP-
POINT IF LEGISLATURE
FAILS TO MAKE PROVI-
SION FOR VACANCIES.

Hartford, March 5-Attorney Cen
eral Light, has given to Senator Nc
Donough, the Senate leader an opinion
as to the power of the Governor to
appoint Judges of the minor courts
in case the General Assembly fails to
appoint successors of the judges now
holding office. The opinion is in line
with one he gave two years ago in
the case of Judge Mathewson, of the
New Haven city court 1t was under
stood that the Democrats are to ask
the attorney general for an opinion
along the same lines as to the right
OF the Governor to appoint county
commissioners in case the legislature
fails to elect. The opinion of Mr.
Light follows:
Dear Sir:-You ask my opinion on
the question, should the General AS
senfbly fail to make appointments to
the office of judges OF the several
city, borough and town courts do the
present incumbents hold over until the
next assembly or can the Governor
make appointments to I'LL the vacan-
cies?
ARTICLE 20. of amendments of the
statutes Of this state provides that
Judges OF the city courts and police
courts shall be appointed for terms
Of two years But In every case
where the legislature has made the
appointment of city or police court
judges it has provided that such judges
shall hold office for at least two years
and until his successor is elected and
qualified It is clear therefore that
the legislature has added an addition
al contingent term to the original term
Of two years fixed by the constitu-
ton. II such q law be constitutional
there is nothing to prevent the judge
from holding office under one APP
pointment for four years or more and
in fact such judges have been known
to hold over for two years making
their respective terms four years in
stead of two. The statutes authoriz-
ing such Judges to hold over for a
period of two years are clearly uncon-
stitutfonal. The legislature has no
more right to add q provision of that
kind to the definite language Of the
constitution than 1t has to disregard
any of its expires mandates"
Wherever the legislature creates an
office and fixes its term 1t may prop
erly provide that the incumbent shall
hold over until his successor is duly
elected and qualified but where the
term is fixed by the constitution the
legislature has no authority to add
a contingent term thereto. It is sig-|
nificant Of the Intention Of the MAX
ers OF the constitution that in fixing
the terms of all executive officers they
attached thereto the provision that
sS0Ch OA6C0IS S4OufQ znO1Qz Cn0lT
successors are duly qualified while
in the same instrument they omit
ted that clause from the terms fired
for judges. This distinction clearly
points to the fact that it was in
tended that a Judge should not hold
over after the expiration Of his term.
.'T7le law makes ample provision for
the calling in of another Judge in case
of disqualification or vacation. The
constitution is a limitation Of power
and where it provides affirmatively
what shall be done by the legislature
in a number of cases it carries with
it the implied provision against doing
things in any other way.
f'Now by adding to the fixed con-
stitutional term of two years the con-
tingent legislative term which enables
an incumbent to hold over until his
successor is elected and qualified can
it be said that a judge is holding
over as de Jure officer?
eff so there would be no vacancy |
for the Governor to fill or vacancy |
in the office except only where there |
Is no person authorized by law to dis
charge the duties OF the office A |
judge de facto may render valid judg-
ments under the semblance of the
authority given by an unconstitutional
law and at the same time there would |
ly due to the fact that he Is not a de |
jure Judge Therefore, If the General
Assembly fails to appoint. I am of the |
opinion that such offices will become |
vacant de jure and then the Cover
nor may fill the same under authority /
of Chapter 233 of the acts of 1907"