Peter T. Zarella
Encyclopedia
Peter T. Zarella is an Associate Justice of the Connecticut Supreme Court
http://www.jud.state.ct.us/external/supapp/justice11.html. He was appointed by former Governor John G. Rowland
in January 2001. Zarella is the former chair of the Connecticut Criminal Justice Commission http://www.das.state.ct.us/Digest/Digest_2004/Criminal%20Justice%20Commission.htm and the current chair of the Rules Committee which has responsibility for proposing revisions to the rules of the Superior Court.
In 2004, Zarella authored the minority opinion (joined by then Chief Justice William J. Sullivan
and Associate Justice Joette Katz
) in the important Kelo v. New London case, which was subsequently heard by the United States Supreme Court. The state court sided with the city in an en banc 4-3 decision, with the majority opinion authored by Justice Flemming L. Norcott, Jr.
and joined by Justices David M. Borden
, Richard N. Palmer
and Christine S. Vertefeuille
. 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 O'Connor and joined by Chief Justice Rehnquist and Justices Scalia and Thomas. The Kelo decision 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 March 24, 2006 Justice Zarella was nominated by Governor M. Jodi Rell
to replace Chief Justice William J. Sullivan
, who had announced his retirement http://www.ct.gov/governorrell/cwp/view.asp?A=2425&Q=311396 scheduled for April 15, 2005. The Connecticut Supreme Court
became embroiled in a lengthy ethics scandal, however, when the Hartford Courant revealed that retiring Chief Justice William J. Sullivan
postponed the publication of a controversial decision opposing Freedom of Information Act requests for documents that track the status and history of legal cases in the Connecticut legal system until hearings for his proposed successor, Zarella, were completed http://pqasb.pqarchiver.com/courant/access/1221209801.html?dids=1221209801:1221209801&FMT=ABS&FMTS=ABS:FT&type=current&date=Feb+22%2C+2007&author=EDMUND+H.+MAHONY&pub=Hartford+Courant&edition=&startpage=A.1&desc=CONTRITE+SULLIVAN+ADMITS+MISTAKE+. Both justices ruled in favor of the restrictions. Legislators speculated that Sullivan delayed the publication of the court's opinion because he feared it might damage Zarella's chances of becoming Chief Justice. This was subsequently confirmed in testimony by Sullivan http://www.nytimes.com/2007/02/22/nyregion/22court.html?ei=5124&en=61add651a6ac3bb6&ex=1329886800&partner=permalink&exprod=permalink&pagewanted=all. In April 2006 Governor Rell withdrew Zarella's nomination to be Chief Justice at his request after these revelations http://www.boston.com/news/local/connecticut/articles/2006/04/24/zarella_wants_rell_to_withdraw_his_nomination_for_chief_justice/. There is no evidence that Zarella had knowledge that Sullivan was intentionally delaying publication of an opinion for the benefit of his nomination.
On October 10, 2008, the Connecticut Supreme Court ruled in Kerrigan v. Commissioner of Public Health
that gay and lesbian couples could not be denied the right to marry because of the Equal Protection Clause of the state constitution.http://www.courant.com/news/politics/hcu-gaymarriage-1010,0,7812756.story 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. The majority opinion was written by Justice Richard N. Palmer
, and joined by Justices Flemming L. Norcott, Jr.
, Joette Katz
, and Judge Lubbie Harper, Jr. Justices Zarella, Christine S. Vertefeuille
, and David Borden dissented.
Connecticut Supreme Court
The Connecticut Supreme Court, formerly known as 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...
http://www.jud.state.ct.us/external/supapp/justice11.html. He was appointed by former Governor John G. Rowland
John G. Rowland
John Grosvenor Rowland was the 86th Governor of Connecticut from 1995 to 2004; he is a member of the Republican Party. He is married to Patty Rowland, his second wife, and the couple have five children between them...
in January 2001. Zarella is the former chair of the Connecticut Criminal Justice Commission http://www.das.state.ct.us/Digest/Digest_2004/Criminal%20Justice%20Commission.htm and the current chair of the Rules Committee which has responsibility for proposing revisions to the rules of the Superior Court.
In 2004, Zarella authored the minority opinion (joined by then Chief Justice William J. Sullivan
William J. Sullivan
Justice William J. Sullivan is presently a Judge Trial Referee of the Connecticut Superior Court. He formerly served as Chief Justice of the Connecticut Supreme Court. He was appointed to the Connecticut Appellate Court by Gov. John G. Rowland in 1997 and remained there until his elevation to the...
and Associate Justice Joette Katz
Joette Katz
Joette Katz is Commissioner of the Connecticut Department of Children and Families, and a former Associate Justice of the Connecticut Supreme Court, where she also served as the administrative judge for the state appellate system....
) in the important Kelo v. New London case, which was subsequently heard by the United States Supreme Court. The state court sided with the city in an en banc 4-3 decision, with the majority opinion authored by Justice Flemming L. Norcott, Jr.
Flemming L. Norcott, Jr.
Flemming L. Norcott, Jr. is an Associate Justice of the Connecticut Supreme Court. He was appointed to the Connecticut Superior Court in 1979 and remained there until his elevation to the Connecticut Appellate Court in 1987. He was appointed to the Connecticut Supreme Court in 1992. He also serves...
and joined by Justices David M. Borden
David M. Borden
-Judicial career:Justice Borden received his Bachelor of Arts degree from Amherst College in 1959 and his Bachelor of Laws degree from Harvard Law School in 1962...
, Richard N. Palmer
Richard N. Palmer
Justice Richard N. Palmer is an Associate Justice on the Connecticut Supreme Court. He was born on May 27, 1950 in Hartford, CT. He received his Bachelor of Arts Phi Beta Kappa, from Trinity College in Hartford in 1972...
and Christine S. Vertefeuille
Christine S. Vertefeuille
Christine S. Vertefeuille is a Senior Associate Justice on the Connecticut Supreme Court. She is a Connecticut native, born in New Britain, Connecticut...
. 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 O'Connor and joined by Chief Justice Rehnquist and Justices Scalia and Thomas. The Kelo decision is studied as a continuation of the expansion of governments' power to seize property through eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
, although the widespread negative popular reaction has spurred a backlash in which many state legislatures have curtailed their eminent domain power.
On March 24, 2006 Justice Zarella was nominated by Governor M. Jodi Rell
M. Jodi Rell
Mary Jodi Rell is a Republican politician and was the 87th Governor of the U.S. state of Connecticut from 2004 until 2011. She was the Lieutenant Governor of Connecticut under Governor John G. Rowland, who resigned during a corruption investigation. Rell is Connecticut's second female Governor,...
to replace Chief Justice William J. Sullivan
William J. Sullivan
Justice William J. Sullivan is presently a Judge Trial Referee of the Connecticut Superior Court. He formerly served as Chief Justice of the Connecticut Supreme Court. He was appointed to the Connecticut Appellate Court by Gov. John G. Rowland in 1997 and remained there until his elevation to the...
, who had announced his retirement http://www.ct.gov/governorrell/cwp/view.asp?A=2425&Q=311396 scheduled for April 15, 2005. The Connecticut Supreme Court
Connecticut Supreme Court
The Connecticut Supreme Court, formerly known as 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...
became embroiled in a lengthy ethics scandal, however, when the Hartford Courant revealed that retiring Chief Justice William J. Sullivan
William J. Sullivan
Justice William J. Sullivan is presently a Judge Trial Referee of the Connecticut Superior Court. He formerly served as Chief Justice of the Connecticut Supreme Court. He was appointed to the Connecticut Appellate Court by Gov. John G. Rowland in 1997 and remained there until his elevation to the...
postponed the publication of a controversial decision opposing Freedom of Information Act requests for documents that track the status and history of legal cases in the Connecticut legal system until hearings for his proposed successor, Zarella, were completed http://pqasb.pqarchiver.com/courant/access/1221209801.html?dids=1221209801:1221209801&FMT=ABS&FMTS=ABS:FT&type=current&date=Feb+22%2C+2007&author=EDMUND+H.+MAHONY&pub=Hartford+Courant&edition=&startpage=A.1&desc=CONTRITE+SULLIVAN+ADMITS+MISTAKE+. Both justices ruled in favor of the restrictions. Legislators speculated that Sullivan delayed the publication of the court's opinion because he feared it might damage Zarella's chances of becoming Chief Justice. This was subsequently confirmed in testimony by Sullivan http://www.nytimes.com/2007/02/22/nyregion/22court.html?ei=5124&en=61add651a6ac3bb6&ex=1329886800&partner=permalink&exprod=permalink&pagewanted=all. In April 2006 Governor Rell withdrew Zarella's nomination to be Chief Justice at his request after these revelations http://www.boston.com/news/local/connecticut/articles/2006/04/24/zarella_wants_rell_to_withdraw_his_nomination_for_chief_justice/. There is no evidence that Zarella had knowledge that Sullivan was intentionally delaying publication of an opinion for the benefit of his nomination.
On October 10, 2008, the Connecticut Supreme Court ruled in Kerrigan v. Commissioner of Public Health
Kerrigan v. Commissioner of Public Health
Kerrigan v. Commissioner of Public Health, 289 Conn. 135, 957 A.2d 407, is a 2008 decision by the Connecticut Supreme Court holding that the Connecticut Constitution protects the right to same-sex marriage. The vote was 4-3. The decision made Connecticut the third state to have its state supreme...
that gay and lesbian couples could not be denied the right to marry because of the Equal Protection Clause of the state constitution.http://www.courant.com/news/politics/hcu-gaymarriage-1010,0,7812756.story This decision made Connecticut the third state (along with Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
and California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
) to legalize same-sex marriage through judicial decree of the state supreme court. The majority opinion was written by Justice Richard N. Palmer
Richard N. Palmer
Justice Richard N. Palmer is an Associate Justice on the Connecticut Supreme Court. He was born on May 27, 1950 in Hartford, CT. He received his Bachelor of Arts Phi Beta Kappa, from Trinity College in Hartford in 1972...
, and joined by Justices Flemming L. Norcott, Jr.
Flemming L. Norcott, Jr.
Flemming L. Norcott, Jr. is an Associate Justice of the Connecticut Supreme Court. He was appointed to the Connecticut Superior Court in 1979 and remained there until his elevation to the Connecticut Appellate Court in 1987. He was appointed to the Connecticut Supreme Court in 1992. He also serves...
, Joette Katz
Joette Katz
Joette Katz is Commissioner of the Connecticut Department of Children and Families, and a former Associate Justice of the Connecticut Supreme Court, where she also served as the administrative judge for the state appellate system....
, and Judge Lubbie Harper, Jr. Justices Zarella, Christine S. Vertefeuille
Christine S. Vertefeuille
Christine S. Vertefeuille is a Senior Associate Justice on the Connecticut Supreme Court. She is a Connecticut native, born in New Britain, Connecticut...
, and David Borden dissented.