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CHAPTER 78*
JUDICIAL AND STATE MARSHALS
*See Secs. 5-187, 5-187a.
Table of Contents
Sec. 6-29. Ineligibility for office.
Sec. 6-30. Bond.
Sec. 6-30a. Personal liability insurance.
Sec. 6-31. Authority.
Sec. 6-32. Duties.
Secs. 6-32a and 6-32b. Prisoner transportation and courthouse security system; Sheriffs' Advisory Board established. Powers and duties of Sheriffs' Advisory Board.
Sec. 6-32c. Court security officer. Definition. Appointment. Training. Duties. Discharge.
Sec. 6-32d. Responsibility for transportation and custody of prisoners. Lafayette Street courthouse.
Sec. 6-32e. Employment of criminal offenders, excepted.
Sec. 6-32f. Courthouse security. Employment of judicial marshals by Judicial Department.
Sec. 6-32g. Criminal record background investigation of applicants for employment as judicial marshal after December 1, 2000.
Sec. 6-32h. Employment of staff for transferred functions of county sheriff system by Chief Court Administrator.
Sec. 6-33. Salaries.
Sec. 6-33a. Reimbursement to state for use of motor vehicle owned or leased by state, when.
Sec. 6-34. Suppressing mobs. Taxation of expenses.
Sec. 6-35. Failure to pay money collected within required time.
Sec. 6-36. Removal from office by General Assembly.
Secs. 6-37 and 6-37a. Deputies; chief deputy. Reference manual for deputy sheriffs.
Sec. 6-38. Number of state marshals.
Sec. 6-38a. State marshal. Authority to provide legal execution and service of process.
Sec. 6-38b. State Marshal Commission. Members. Regulations. Duties. Appointment of state marshal to fill vacancy.
Sec. 6-38c. State Marshals Advisory Board. Members. Election.
Sec. 6-38d. Illegal billing by state marshal.
Sec. 6-38e. Review and audit of records and accounts of state marshals by State Marshal Commission.
Sec. 6-38f. State Marshal Commission to appoint state marshals. Evidence of service as a deputy sheriff. Appeal. Notification by deputy sheriffs re desire to be appointed state marshal. Notification of decisions to State Marshal Commission.
Sec. 6-38g. Notification of Chief Court Administrator by high sheriff of desire to be appointed as state marshal.
Sec. 6-38h. Political contribution to appointing authority for State Marshal Commission affects eligibility for appointment as state marshal.
Sec. 6-38i. Special deputy sheriffs and deputy sheriffs serving on December 1, 2000, to continue as judicial marshals and employees of Judicial Department. Collective bargaining unit.
Sec. 6-38j. Appointment or removal of deputy sheriff or special deputy sheriff on or after December 1, 2000.
Sec. 6-38k. Cooperation by high sheriffs with Chief Court Administrator for efficient operation and transition of functions.
Sec. 6-38l. Acts prohibited with respect to high sheriffs in the solicitation of contribution or expenditure, committees and referenda.
Sec. 6-38m. State marshal account.
Sec. 6-38n. Application by high sheriff for appointment as state marshal.
Sec. 6-39. Bond of state marshal.
Secs. 6-40 and 6-41. Chief deputies' salaries. Compensation of: Constables for court attendance; deputy sheriffs and special deputy sheriffs for court attendance or services at overnight jail facility.
Sec. 6-42. Accident insurance coverage for deputy sheriffs.
Sec. 6-43. Special deputies.
Secs. 6-44 to 6-46. Appointment of special deputies upon application. Appointment and removal of deputies. Sheriff may recover on bond of deputy; not to demand fee from deputy.
Sec. 6-47. Removal of deputy sheriff by commissioners.
Sec. 6-48. Deputies to continue in office.
Sec. 6-49.
Sec. 6-49a.
No judge, except a judge of probate, and no
justice of the peace shall be a state marshal.
(1949 Rev., S. 450; 1953, S. 190d; P.A. 00-99, S. 126, 154.)
History: P.A. 00-99 replaced reference to "hold the office of sheriff or deputy sheriff" with "be a state marshal", effective
December 1, 2000.
Acceptance of office of sheriff or deputy sheriff constitutes a surrender of office of justice of the peace. 25 C. 567.
Section 6-30 is repealed, effective December 1, 2000.
(1949 Rev., S. 451; P.A. 73-237, S. 1, 3; P.A. 94-177, S. 9; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 153, 154.)
On and after December 1, 2000, each
state marshal shall be required to carry personal liability insurance for damages caused
by reason of such marshal's tortious acts in not less than the following amounts: For
damages caused to any one person or to the property of any one person, one hundred
thousand dollars and for damages caused to more than one person or to the property of
more than one person, three hundred thousand dollars. For the purpose of this section
"tortious act" means negligent acts, errors or omissions for which such state marshal
may become legally obligated to any damages for false arrest, erroneous service of
civil papers, false imprisonment, malicious prosecution, libel, slander, defamation of
character, violation of property rights or assault and battery if committed while making
or attempting to make an arrest or against a person under arrest; provided, it shall not
include any such act unless committed in the performance of the official duties of such
state marshal.
(P.A. 76-15; P.A. 00-99, S. 128, 154; P.A. 01-195, S. 7, 181.)
History: P.A. 00-99 replaced references to sheriff and deputy sheriff with state marshal, requiring state marshals to
carry personal liability insurance for tortious acts, effective December 1, 2000; P.A. 01-195 made a technical change for
purposes of gender neutrality, effective July 11, 2001.
Cited. 229 C. 479, 485, 486.
Cited. 44 CS 368.
Section 6-31 is repealed, effective December 1, 2000.
(1949 Rev., S. 452; P.A. 00-99, S. 153, 154.)
Each state marshal shall receive each process directed to such
marshal when tendered, execute it promptly and make true return thereof; and shall,
without any fee, give receipts when demanded for all civil process delivered to such
marshal to be served, specifying the names of the parties, the date of the writ, the time
of delivery and the sum or thing in demand. If any state marshal does not duly and
promptly execute and return any such process or makes a false or illegal return thereof,
such marshal shall be liable to pay double the amount of all damages to the party aggrieved.
(1949 Rev., S. 453; P.A. 79-497, S. 1, 6; P.A. 80-394, S. 9, 13; P.A. 84-108, S. 1; P.A. 00-99, S. 129, 154; P.A. 01-
195, S. 8, 181.)
History: P.A. 79-497 added duties re transportation and custody of prisoners between municipal lockup and geographical
area courthouses, effective January 1, 1981; P.A. 80-394 repealed amendment enacted by 1979 act; P.A. 84-108 applied
provisions to deputy sheriffs, required that executions be made "promptly" and increased liability to double the amount
of all damages to the aggrieved party; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal,
effective December 1, 2000; P.A. 01-195 made technical changes for purposes of gender neutrality, effective July 11, 2001.
See Sec. 6-32a et seq. re prisoner transportation and courthouse security system.
Damages are recoverable for failure to make service of execution. 2 R. 251. In serving civil process the officer alone
is liable for illegal acts done without the assent of plaintiff. 2 R. 347. Degree of diligence required of officer in service of
process. 1 D. 128; 15 C. 46. Lawful levy having been made, subsequent neglect of duty will not make officer a trespasser.
4 D. 264. Body of debtor may be levied on if personal property is not turned out on demand. 4 D. 382. Extent of liability
of officer for neglect of duty. 5 D. 37. Rule of damages for failure to return execution and for false return. 5 D. 221. Order
enlarging jail limits, held justification for escape, when. 5 D. 506. Officer may release the body and attach personal estate.
1 C. 258. Liable at common law for neglect of official duty. 1 C. 349. No agreement between parties as to forbearance will
excuse officer. 2 C. 418. Testimony of officer not admissible to change his return on execution. 3 C. 532. Return on
execution is prima facie evidence of the facts stated therein, but not conclusive. 4 C. 94, 426; 6 C. 337; 15 C. 36; 28 C.
241. Evidence is admissible to explain or change return made by officer. 4 C. 361. Special directions to officer not necessary,
nor do they excuse neglect of official duty. 4 C. 535. Officer is not responsible for deficiency in proceeds of sale except
for neglect and bad faith. 5 C. 480. Liability of officer for money paid on execution on judgment afterwards reversed. 6
C. 372. Officer liable for levy of void execution, but not for levy of execution erroneously issued. 7 C. 6. It is a presumption
of law that an officer has done his duty. 7 C. 367, 512; 8 C. 137. In an action against an officer for defective levy on land,
debtor's lack of title in land may be shown. 9 C. 45. Duty and liability of officer not affected by his knowledge if process
is regular. 9 C. 145. Distinction between liability arising from failure to return mesne process and failure to return execution.
9 C. 221, 222. Rule of damages for neglect of duty in service of mesne process. 9 C. 385; 10 C. 5; 16 C. 558; 26 C. 333;
70 C. 150. Liability for misconduct in discharging a lien created by attachment. 15 C. 272. An officer attaching goods
subject to lien for freight by paying the freight is subrogated to rights of carrier. 16 C. 85. Levy of execution on property
exempt is the same in principle as levy on property of third person. 16 C. 147. Officer's liability for attachment when not
subsequently complying with all legal requirements. 16 C. 548. No liability for not attaching real estate unless so directed.
16 C. 558. Not liable for neglect if acting under creditor's directions. 19 C. 99. In action against officer for an escape,
admissions of original defendant are admissible to show cause of action against him. 25 C. 506. Failure to return writ
makes officer attaching thereon a trespasser ab initio, and liable for actual damage. 25 C. 574; 56 C. 322. Escape of one
arrested under civil process. 70 C. 143. Who may take advantage of failure to return. 46 C. 391. Officer is not liable for
neglect to serve nor for false return until actual damage results. 26 C. 332-339. Demand must be made before action lies
for attached goods delivered by officer to receiptor. 27 C. 265—268. Officer not bound to defer return of execution till
expiration of its term. 27 C. 495. Contract between officer and receiptor when not affected by expiration of attachment
lien. 28 C. 261. Not liable in trespass for goods sold under decree of court on invalid mortgage. 28 C. 512. In absence of
instructions negligence not imputed to officer if execution is served within the limit of time prescribed therein. 31 C. 580.
Various points concerning liability of receiptors. 33 C. 186; 36 C. 468. Ground of recovery by officer for attached property
taken away by third person. 37 C. 596. Bond of officer liable for default occurring after the expiration of term of office.
48 C. 131. In absence of agreement an attorney placing writ in hands of officer for service is liable for fees of service. 49
C. 342. When cause of action accrues against officer for neglect in serving execution in foreign attachment. 50 C. 526.
Liability of officer for selling attached property after attachment lien has been dissolved by insolvency. 62 C. 315. Rule
of damages for neglect of officer when original judgment was not obtained. 70 C. 150. Liability of officer for unlawful
acts, as attaching exempt property. 75 C. 104. Joint liability of plaintiff who directs wrongful attachment. 70 C. 341. Failure
to return writ makes officer a trespasser. 72 C. 338. Officer who in good faith serves execution on judgment not discharged
of record, or one issued after death of judgment creditor protected. 79 C. 682. Officer who joins with justice in defense to
charge of false imprisonment stands or falls with him. 75 C. 356. Responsibility of sheriff for prisoner awaiting trial. 72
C. 728.
Cited. 41 CA 659, 662.
Cited. 44 CS 368.
Secs. 6-32a and 6-32b. Prisoner transportation and courthouse security system; Sheriffs' Advisory Board established. Powers and duties of Sheriffs' Advisory
Board. Sections 6-32a and 6-32b are repealed, effective December 1, 2000.
(P.A. 80-394, S. 1, 2, 13; P.A. 81-235; P.A. 87-496, S. 44, 110; P.A. 89-272; June Sp. Sess. P.A. 91-12, S. 42, 55; P.A.
94-177, S. 2; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; July 21 Sp. Sess. P.A. 97-1, S. 7, 8; P.A. 00-99, S. 139, 140, 153, 154.)
Sec. 6-32c. Court security officer. Definition. Appointment. Training. Duties.
Discharge. Section 6-32c is repealed.
(P.A. 80-394, S. 3, 13; P.A. 81-437, S. 10, 12; P.A. 84-397, S. 6, 7.)
(a) Except as otherwise agreed between the advisory board
and the Department of Correction or other appropriate agency as of April 12, 2000, the
responsibility for transportation and custody of prisoners shall be assumed as follows:
(1) The Judicial Department shall be responsible for the transportation of male prisoners between courthouses and: (A) Community correction centers, until sentencing;
(B) other places of confinement after arraignment and until sentencing; and (C) the place
of initial confinement, after sentencing. In addition, the Judicial Department shall be
responsible for the transportation of adult female prisoners between courthouses and
community correction centers, not including the correctional institution at Niantic. If
such transportation is in other than state vehicles, the owner of the vehicle used shall
be reimbursed by the state at the rate then established for state employees within the
Office of Policy and Management.
(2) The Department of Correction shall be responsible for the transportation of adult
female prisoners between places of confinement and either courthouses or community
correction centers, at the discretion of the Commissioner of Correction. In the transportation of prisoners between courthouses and community correctional centers, there shall
be complete separation of male and female prisoners.
(3) The Judicial Department shall be responsible for the custody of prisoners at
courthouses, except that the local police operating any lockup which is designated by
the Chief Court Administrator as a courthouse lockup shall be responsible for the custody
of prisoners within that lockup. In addition, if such designated lockup is not in the same
building as the courthouse serviced by it, the local police operating such designated
lockup shall be responsible for escorting prisoners from the lockup to the courthouse.
The town in which such a designated lockup is located shall be reimbursed pursuant to
section 7-135a.
(4) In Hartford County, the Lafayette Street courthouse shall be used as housing
for persons arrested by the police department of the city of Hartford and held for presentment at the next session of the court pursuant to the following terms and conditions:
(A) No arrestees shall be admitted or released directly to or from the lockup, and no
social visits shall be permitted at the lockup; (B) all processing and booking shall be
accomplished by the police department of the city of Hartford at its booking facility;
(C) after arrival at the lockup and prior to arraignment, the release of any arrestee, with
or without bond, shall be accomplished by the police department of the city of Hartford
from its booking facility; and (D) the Judicial Department shall be responsible for the
operation of the lockup at the Lafayette Street courthouse and the transportation of
arrestees prior to arraignment from the Morgan Street facility or other booking facility
of the police department of the city of Hartford.
(b) The Judicial Department shall employ judicial marshals for prisoner custody
and transportation responsibilities pursuant to this section. The Chief Court Administrator may establish employment standards and implement appropriate training programs
to assure secure prisoner custody and transportation. Such standards and programs shall
be in force and effect by December 1, 2000. Any property used by the sheriffs for prisoner
transportation shall be transferred to the Judicial Department.
(c) The Judicial Department may enter into an agreement with state agencies for
the management, training or coordination, or any combination thereof, of courthouse
security and prisoner custody and transportation functions.
(P.A. 80-394, S. 10, 13; P.A. 81-472, S. 3, 159; P.A. 84-397, S. 3, 7; P.A. 94-177, S. 1; May 25 Sp. Sess. P.A. 94-1, S.
67, 130; P.A. 00-99, S. 1, 154; 00-210, S. 1, 5; P.A. 01-195, S. 9, 181.)
History: P.A. 81-472 replaced alphabetic Subdiv. indicators with numeric indicators and numeric Subpara. indicators
with alphabetic indicators as necessary to conform with other statutes and made minor changes in wording of Subdiv. (1),
formerly (a); P.A. 84-397 amended Subdiv. (1) to delete reference to prisoner transportation performed by court security
officers; P.A. 94-177 added Subdiv. (4) re use of Lafayette Street courthouse and the responsibilities of the police department
of the city of Hartford and the high sheriff of Hartford County; May 25 Sp. Sess. P.A. 94-1 revised effective date of P.A.
94-177 but without affecting this section, effective July 1, 1994; P.A. 00-99 designated existing provisions as Subsec. (a),
amended said Subsec. (a) by adding "as of April 12, 2000," by transferring functions of high sheriffs to Judicial Department
with respect to the transportation and custody of prisoners in Subdivs. (1), (3) and (4), and by providing in Subdiv. (2) that
in the transportation of prisoners between courthouses and community correctional centers, there shall be a complete
separation of male and female prisoners, added Subsec. (b) re employment of judicial marshals by Judicial Department
for prisoner custody and transportation, the establishment of standards and training by Chief Court Administrator by
December 1, 2000, and transfer of property used by sheriffs for prisoner transportation to Judicial Department, and added
Subsec. (c) requiring Judicial Department to enter into agreement with state agencies for management, training or coordination for courthouse security and prisoner custody and transportation functions, effective December 1, 2000; P.A. 00-210
changed "shall" to "may" in Subsec. (c), effective December 1, 2000; P.A. 01-195 made a technical change in Subsec. (c),
effective July 11, 2001.
Cited. 229 C. 479, 491.
Sections 46a-79 to
46a-81, inclusive, shall not be applicable to the prisoner transportation and courthouse
security system, provided nothing herein shall be construed to preclude the prisoner
transportation and courthouse security system from adopting the policy set forth in said
sections.
(P.A. 80-394, S. 4, 13; P.A. 01-195, S. 10, 181.)
History: P.A. 01-195 deleted references to repealed Sec. 6-32a, effective July 11, 2001.
Sec. 6-32f. Courthouse security. Employment of judicial marshals by Judicial
Department. The Judicial Department shall be responsible for courthouse security and
shall employ judicial marshals for such purpose. The Chief Court Administrator may
establish employment standards and implement appropriate training programs to assure
court security. Any property used by the sheriffs for court security shall be transferred
to the Judicial Department. The Chief Court Administrator shall be responsible for the
custody, care and control of courthouse facilities. As used in this section, "courthouse
security" and "court security" include the provision of security services to any judicial
facility or to any facility of a state agency pursuant to a written agreement, provided (1)
such facility is located contiguous to a courthouse, and (2) the Chief Court Administrator
determines that, based on the proximity and design of the courthouse and the contiguous
facility, the security requirements are mutual and best served through the provision of
security services by judicial marshals.
(P.A. 00-99, S. 2, 154; June Sp. Sess. P.A. 01-9, S. 55, 131.)
History: P.A. 00-99 effective December 1, 2000; June Sp. Sess. P.A. 01-9 added definition of "courthouse security"
and "court security", effective July 1, 2001.
After December 1, 2000, the
Chief Court Administrator shall require an applicant for employment as a judicial marshal pursuant to sections 6-32d and 6-32f to submit to a criminal record background
investigation, to be conducted by the Department of Public Safety and the Federal Bureau of Investigation. The applicant shall pay all processing fees incurred for such investigation.
(P.A. 00-99, S. 3, 154.)
History: P.A. 00-99 effective December 1, 2000.
Sec. 6-32h. Employment of staff for transferred functions of county sheriff
system by Chief Court Administrator. The Chief Court Administrator shall employ,
within available appropriations for such purpose, such staff as are necessary to support
the transferred functions of the county sheriff system. The Chief Court Administrator
shall first offer such employment to qualified persons employed in the administration
of the county sheriff system on July 1, 2000.
(P.A. 00-99, S. 10, 154.)
History: P.A. 00-99 effective December 1, 2000.
Commencing July 1, 2001, the sheriffs elected in the several
counties shall each receive a salary of one dollar annually. Said salaries shall be paid
by the state and shall be in full compensation for the performance of all duties required
by law to be performed by any of said sheriffs for the state of Connecticut. Said salaries
shall be in lieu of all other salaries paid by the state to said sheriffs. Commencing December 1, 2000, the Department of Administrative Services shall be responsible for the
administrative functions of the Office of the County Sheriffs.
(1949 Rev., S. 3619; 1951, 1955, S. 1977d; 1959, P.A. 152, S. 10; February, 1965, P.A. 420, S. 1; 1967, P.A. 387, S.
1; P.A. 77-576, S. 60, 65; P.A. 82-442, S. 2, 5; P.A. 87-413, S. 1, 3; P.A. 00-99, S. 141, 154; 00-210, S. 4, 5; June Sp. Sess.
P.A. 01-9, S. 7, 131.)
History: 1959 act deleted references to services for and payment by counties; 1965 act raised the salaries of the sheriffs
of New Haven, Hartford, Fairfield, and New London counties from eight thousand five hundred to ten thousand five
hundred dollars, of the sheriffs of Middlesex and Tolland counties from five thousand to eighty-five hundred dollars, of
the sheriff of Litchfield from six thousand to eighty-five hundred dollars and of the sheriff of Windham from seven thousand
to eighty-five hundred dollars; 1967 act increased salaries of sheriffs of New Haven, Hartford, Fairfield and New London
counties to thirteen thousand five hundred dollars and salaries of sheriffs of Middlesex, Tolland, Litchfield and Windham
counties to eleven thousand five hundred dollars; P.A. 77-576 raised salaries of New Haven, Hartford, Fairfield and New
London county sheriffs to eighteen thousand five hundred dollars and of Middlesex, Tolland, Litchfield and Windham
county sheriffs to sixteen thousand five hundred dollars, effective January 1, 1979; P.A. 82-442 increased the sheriffs'
salaries by four thousand dollars each, to twenty-two thousand five hundred dollars in the New Haven, Hartford, Fairfield
and New London counties, and to twenty thousand five hundred dollars in Middlesex, Tolland, Litchfield and Windham
counties, effective January 5, 1983; P.A. 87-413 increased salaries of sheriffs in counties of New Haven, Hartford, Fairfield
and New London to thirty-seven thousand dollars and increased salaries of sheriffs of counties of Middlesex, Tolland,
Litchfield and Windham to thirty-five thousand dollars; P.A. 00-99 deleted provision concerning service of process and
payment of fees to sheriffs and added provision that commencing December 1, 2000, the Department of Administrative
Services shall be responsible for administrative functions of Office of County Sheriffs, effective April 27, 2000; P.A. 00-
210 restored language of section to version in effect prior to amendments made by P.A. 00-99, effective June 1, 2000
(Revisor's note: In accordance with P.A. 00-210, S. 5, the amendments made by P.A. 00-210, S. 4 ceased to be effective
on December 1, 2000, thereby reinstating the changes made by P.A. 00-99); June Sp. Sess. P.A. 01-9 reduced the salary
of sheriffs in every county to one dollar, effective July 1, 2001.
See Sec. 52-261 re fees and expenses of officers and persons serving process.
Sheriff entitled to separate mileage fee for each process even though served on one trip; same true of attachment fee
and time charges. 6 CS 261.
Sec. 6-33a. Reimbursement to state for use of motor vehicle owned or leased
by state, when. On or after July 1, 1994, a high sheriff shall reimburse the state, at the
rate of twenty-one cents for each mile, for any use of a motor vehicle owned or leased
by the state when such sheriff is performing a service for any private individual, business
or corporation, provided such sheriff receives payment for such mileage by such private
individual, business or corporation.
(P.A. 94-177, S. 7; May 25 Sp. Sess. P.A. 94-1, S. 67, 130.)
History: May 25 Sp. Sess. P.A. 94-1, S. 67, effective July 1, 1994, revised effective date of P.A. 94-177, changing
effective date of this section from October 1, 1994, to July 1, 1994.
Section 6-34 is repealed,
effective December 1, 2000.
(1949 Rev., S. 3620; P.A. 00-99, S. 153, 154.)
Any state marshal shall pay over to the person authorized to receive it, any money collected by such
marshal on behalf or on account of such person, within thirty calendar days from the
date of collection of the money or upon the collection of one thousand dollars, whichever
first occurs, provided any state marshal who fails to pay over to the person authorized
to receive it, any money collected by such marshal on behalf or for the account of such
person, within thirty calendar days from the date of collection of the money or upon the
collection of one thousand dollars, shall be liable to such person for the payment of
interest on the money at the rate of five per cent per month from the date on which such
state marshal received the money.
(1949 Rev., S. 454; P.A. 84-108, S. 2; P.A. 94-177, S. 3; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 12, 154.)
History: P.A. 84-108 revised section to provide that any sheriff or deputy sheriff who fails to pay over to authorized
person money collected by him within fifteen days, is liable for payment of interest of five per cent from the date of receipt,
replacing prior provisions wherein interest was set at two per cent; P.A. 94-177 added requirement that sheriff or deputy
sheriff pay over money collected by him within ninety days or upon collection of one thousand dollars, whichever first
occurs; May 25 Sp. Sess. P.A. 94-1 revised effective date of P.A. 94-177 but without affecting this section, effective July
1, 1994; P.A. 00-99 changed sheriff or deputy sheriff to state marshal and changed ninety to thirty calendar days, effective
December 1, 2000.
Sheriff may be factorized. 28 C. 108-110.
If any sheriff (1) knowingly demands or receives illegal fees for serving process, (2) illegally detains any money
collected by him or (3) refuses to satisfy any execution issued against him, the General
Assembly shall remove him from office. The terms "knowingly demands" and "receives", as used in this section, include billing for and the receipt of fees for work by a
sheriff who did not actually perform the work for which billing is made or for which
payment has been received.
(1949 Rev., S. 455; P.A. 84-108, S. 3.)
History: P.A. 84-108 divided section into subdivisions and defined terms "knowingly demands" and "receives".
See Sec. 52-70 re process server's endorsement for fees and penalty for exacting illegal fees.
Cited. 229 C. 479, 486, 490, 493—496.
Secs. 6-37 and 6-37a. Deputies; chief deputy. Reference manual for deputy
sheriffs. Sections 6-37 and 6-37a are repealed, effective December 1, 2000.
(1949 Rev., S. 456; 1955, S. 192d; P.A. 82-307, S. 7; P.A. 94-177, S. 8; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A.
00-99, S. 153, 154.)
The number of state marshals to be appointed for Hartford County shall not exceed seventy-two; for New Haven County,
sixty-two; for New London County, thirty-eight; for Fairfield County, fifty-five; for
Windham County, eighteen; for Litchfield County, thirty; for Middlesex County,
twenty-one; for Tolland County, twenty-two.
(1949 Rev., S. 457; 1951, 1955, S. 193d; 1959, P.A. 339; 656, S. 1; P.A. 75-535; P.A. 83-548, S. 2, 3; P.A. 87-552;
P.A. 94-177, S. 4; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 9, 154.)
History: 1959 acts increased number of sheriffs for Hartford, New Haven, New London, Fairfield, Middlesex and
Tolland counties; P.A. 75-535 changed maximum number of deputies from forty-five to fifty-five in Hartford county, from
fifty-five to sixty in New Haven county, from twenty-eight to thirty-eight in New London county, from fifteen to eighteen
in Windham county, from twenty-four to thirty in Litchfield county, from seventeen to twenty-one in Middlesex county
and from eighteen to twenty-two in Tolland county; P.A. 83-548 increased the number of deputy sheriffs for Hartford
county from fifty-five to sixty and increased the number from fifty to fifty-five for Fairfield county; P.A. 87-552 increased
the number of deputy sheriffs for Hartford county from sixty to sixty-six; P.A. 94-177 increased number of deputy sheriffs
from sixty-six to seventy-two for Hartford County and from sixty to sixty-two for New Haven County; May 25 Sp. Sess.
P.A. 94-1 revised effective date of P.A. 94-177 but without affecting this section, effective July 1, 1994; P.A. 00-99 changed
reference to deputy sheriffs to state marshals and deleted provision that permitted sheriffs to appoint each other as deputy
sheriffs and on special occasions to depute any proper person to execute process, effective April 27, 2000.
Authority of sheriff to deputize city clerk to post notice on town signposts is doubtful. 184 C. 483, 493.
Sheriff may serve process as deputy sheriff in another county. 4 CS 452.
Sec. 6-38a. State marshal. Authority to provide legal execution and service of
process. (a) "State marshal" means a qualified deputy sheriff incumbent on June 30,
2000, under section 6-38 or appointed pursuant to section 6-38b who shall have authority
to provide legal execution and service of process in the counties in this state pursuant
to section 6-38 as an independent contractor compensated on a fee for service basis,
determined, subject to any minimum rate promulgated by the state, by agreement with
an attorney, court or public agency requiring execution or service of process.
(b) Any state marshal, shall, in the performance of execution or service of process
functions, have the right of entry on private property and no such person shall be personally liable for damage or injury, not wanton, reckless or malicious, caused by the discharge of such functions.
(P.A. 00-99, S. 7, 154.)
History: P.A. 00-99 effective December 1, 2000.
(a) There is established a State Marshal
Commission which shall consist of eight members appointed as follows: (1) The Chief
Justice shall appoint one member who shall be a judge of the Superior Court; (2) the
speaker of the House of Representatives, the president pro tempore of the Senate, the
majority and minority leaders of the House of Representatives and the majority and
minority leaders of the Senate shall each appoint one member; and (3) the Governor
shall appoint one member who shall serve as chairperson. No member of the commission
shall be a state marshal, except that two state marshals appointed by the State Marshals
Advisory Board in accordance with section 6-38c shall serve as ex officio, nonvoting
members of the commission.
(b) The chairperson shall serve for a three-year term and all appointments of members to replace those whose terms expire shall be for terms of three years.
(c) No more than four of the members, other than the chairperson, may be members
of the same political party. Of the seven nonjudicial members, other than the chairperson,
at least three shall not be members of the bar of any state.
(d) If any vacancy occurs on the commission, the appointing authority having the
power to make the initial appointment under the provisions of this section shall appoint
a person for the unexpired term in accordance with the provisions of this section.
(e) Members shall serve without compensation but shall be reimbursed for actual
expenses incurred while engaged in the duties of the commission.
(f) The commission, in consultation with the State Marshals Advisory Board, shall
adopt regulations in accordance with the provisions of chapter 54 to establish professional standards, including training requirements and minimum fees for execution and
service of process.
(g) The commission shall be responsible for the equitable assignment of service of
restraining orders to the state marshals in each county and ensure that such restraining
orders are served expeditiously. Failure of any state marshal to accept for service any
restraining order assigned by the commission or to serve such restraining order expeditiously without good cause shall be sufficient for the convening of a hearing for removal
under subsection (j) of this section.
(h) Any vacancy in the position of state marshal in any county as provided in section
6-38 shall be filled by the commission with an applicant who shall be an elector in the
county where such vacancy occurs. Any applicant for such vacancy shall be subject to
the application and investigation requirements of the commission.
(i) Except as provided in section 6-38f, no person may be a state marshal and a state
employee at the same time.
(j) No state marshal may be removed except by order of the commission for cause
after due notice and hearing.
(k) The commission may adopt such rules as it deems necessary for conduct of its
internal affairs and shall adopt regulations in accordance with the provisions of chapter
54 for the application and investigation requirements for filling vacancies in the position
of state marshal.
(l) The commission shall be within the Department of Administrative Services for
administrative purposes only.
(P.A. 00-99, S. 8, 154; June Sp. Sess. P.A. 01-9, S. 8, 131.)
History: P.A. 00-99 effective April 27, 2000; June Sp. Sess. P.A. 01-9 made a technical change in Subsec. (c), amended
Subsec. (f) to delete expired provision and require the State Marshal Commission to adopt regulations to establish professional standards, added new Subsec. (g) re service of restraining orders, redesignated former Subsecs. (g) to (k) as Subsecs.
(h) to (l), revised Subsec. (k) to require the commission to adopt regulations re filling vacancies, and revised Subsec. (1)
to place the commission within the Department of Administrative Services for administrative purposes rather than within
the Judicial Department, effective July 1, 2001.
See Sec. 4-38f for definition of "administrative purposes only".
(a) There is
established a State Marshals Advisory Board which shall consist of twenty-four state
marshals. Between November 9, 2000, and November 14, 2000, and annually thereafter,
the state marshals in each county shall elect from among the state marshals in their
county the following number of state marshals to serve on the board: Hartford, New
Haven and Fairfield counties, four state marshals; New London and Litchfield counties,
three state marshals; and Tolland, Middlesex and Windham counties, two state marshals.
State marshals elected to serve on the board shall serve for a term of one year and may
be reelected.
(b) On or after April 27, 2000, the Chief Court Administrator shall designate a date
and time for the state marshals in each county to come together for the purpose of electing
state marshals from each county to serve on the State Marshals Advisory Board pursuant
to subsection (a) of this section. A majority of the filled state marshal positions in each
county shall constitute a quorum for that county. The election of state marshals to serve
on the board shall be by majority vote. The names of the state marshals elected in each
county shall be forwarded to the Chief Court Administrator. The Chief Court Administrator, upon receipt of the election results from all counties, shall designate a date and
time for the first meeting of the board to take place as soon as practicable after November
14, 2000.
(P.A. 00-99, S. 146, 154.)
History: P.A. 00-99 effective April 27, 2000.
No state marshal shall knowingly
bill for, or receive fees for, work that such state marshal did not actually perform.
(P.A. 00-99, S. 150, 154.)
History: P.A. 00-99 effective December 1, 2000.
Sec. 6-38e. Review and audit of records and accounts of state marshals by
State Marshal Commission. The State Marshal Commission shall periodically review
and audit the records and accounts of the state marshals. Upon the death or disability
of a state marshal, the commission shall appoint a qualified individual to oversee and
audit the records and accounts of such state marshal and render an accounting to the
commission.
(P.A. 00-99, S. 152, 154.)
History: P.A. 00-99 effective December 1, 2000.
Sec. 6-38f. State Marshal Commission to appoint state marshals. Evidence of
service as a deputy sheriff. Appeal. Notification by deputy sheriffs re desire to be
appointed state marshal. Notification of decisions to State Marshal Commission.
(a)(1) Notwithstanding the provisions of section 6-38, the State Marshal Commission
shall appoint as a state marshal any eligible individual who applies for such a position.
For the purposes of this section, "eligible individual" means an individual who was a
deputy sheriff or special deputy sheriff of a corporation on or after May 31, 1995, who
had served as a deputy sheriff or special deputy sheriff of a corporation for a period of
not less than four years and who has submitted an application to the State Marshal
Commission on or before July 31, 2001, provided any such eligible individual submitted
an initial application dated on or before June 30, 2000.
(2) For the purpose of showing proof that an individual has served as a deputy sheriff
as required by this subsection, information contained in the Connecticut State Register
and Manual shall be accepted as evidence.
(3) Any person authorized to apply for appointment as a state marshal pursuant to
this section who is determined not to be eligible for such appointment by the State
Marshal Commission may appeal such determination to the Superior Court for the judicial district of New Britain in accordance with the procedures and time periods set forth
in chapter 54.
(b) Except as provided in subsection (a) of this section:
(1) Any deputy sheriff serving as a deputy sheriff on April 27, 2000, shall notify
the Chief Court Administrator on or before June 30, 2000, of the desire of such deputy
sheriff to be appointed as a state marshal;
(2) Any deputy sheriff performing court security, prisoner custody or transportation
services on April 27, 2000, who desires to perform such functions as a judicial marshal,
or desires to be appointed as a state marshal, shall so notify the Chief Court Administrator
on or before June 30, 2000; and
(3) The Chief Court Administrator shall notify, in writing, the State Marshal Commission of the decisions of the deputy sheriffs pursuant to subdivisions (1) and (2) of
this subsection.
(c) Except as provided in subsection (a) of this section, for purposes of the State
Marshal Commission filling any vacancy in the position of state marshal in any county
in accordance with subsection (h) of section 6-38b, the State Marshal Commission shall
not fill a vacancy in any county if the total number of state marshals in such county is
equal to or exceeds the number allowed under section 6-38.
(P.A. 00-99, S. 142, 154; 00-210, S. 2, 5; June Sp. Sess. P.A. 01-9, S. 9, 131; P.A. 02-132, S. 61.)
History: P.A. 00-99 effective April 27, 2000; P.A. 00-210 added provision in Subsec. (a) that any eligible individual
appointed as state marshal prior to December 1, 2000, shall have same powers, duties and liabilities as deputy sheriff from
date of appointment until December 1, 2000, effective June 1, 2000; June Sp. Sess. P.A. 01-9 amended Subsec. (a) to
designate existing provisions as Subdiv. (1), to require the State Marshal Commission to appoint state marshals, to include
within the definition of "eligible individual" a special deputy sheriff of a corporation who has four years of service, who
has applied to the commission by July 31, 2001, and who has submitted an initial application by June 30, 2000, to add
Subdiv. (2) re evidence of service as a deputy sheriff and to add Subdiv. (3) re the right to appeal a determination of
ineligibility, and revised Subsecs. (b) and (c) to make technical changes, effective July 1, 2001; P.A. 02-132 amended
Subsec. (a) by making technical changes in Subdivs. (1) and (2) and replacing "judicial district of Hartford" with "judicial
district of New Britain" in Subdiv. (3).
Sec. 6-38g. Notification of Chief Court Administrator by high sheriff of desire
to be appointed as state marshal. Notwithstanding the provisions of sections 6-38a
and 6-38f, no high sheriff who appointed himself or herself a deputy sheriff or has been
appointed a deputy sheriff by another high sheriff pursuant to section 6-38 shall become
a state marshal on or after December 1, 2000, by virtue of being a deputy sheriff, except
that a high sheriff may notify the Chief Court Administrator on or before June 30, 2000,
of the desire of such high sheriff to be appointed as a state marshal, and such high sheriff
may be appointed as a state marshal after December 1, 2000, provided such high sheriff
resigns his or her position as high sheriff effective December 1, 2000.
(P.A. 00-210, S. 3, 5.)
History: P.A. 00-210 effective June 1, 2000.
Sec. 6-38h. Political contribution to appointing authority for State Marshal
Commission affects eligibility for appointment as state marshal. Any person who
pays, lends or contributes anything of value to a person who is an appointing authority
for the State Marshal Commission under section 6-38b for political purposes shall not
be eligible for appointment as a state marshal for a period of two years.
(P.A. 00-99, S. 151, 154.)
History: P.A. 00-99 effective December 1, 2000.
Sec. 6-38i. Special deputy sheriffs and deputy sheriffs serving on December
1, 2000, to continue as judicial marshals and employees of Judicial Department.
Collective bargaining unit. All special deputy sheriffs serving on December 1, 2000,
as prisoner custody and transportation personnel and as court security personnel and all
deputy sheriffs serving on December 1, 2000, as prisoner custody or transportation
personnel and as court security personnel who elect to continue to perform such functions
under section 6-38f shall continue to provide such prisoner custody, transportation or
court security services after December 1, 2000, as judicial marshals and shall be employees of the Judicial Department. The Judicial Department shall recognize the bargaining
unit of special deputy sheriffs for the purpose of collective bargaining with judicial
marshals.
(P.A. 00-99, S. 130, 154.)
History: P.A. 00-99 effective December 1, 2000.
Sec. 6-38j. Appointment or removal of deputy sheriff or special deputy sheriff
on or after December 1, 2000. On or after December 1, 2000, no sheriff may appoint
or remove any deputy sheriff or special deputy sheriff.
(P.A. 00-99, S. 143, 154.)
History: P.A. 00-99 effective April 27, 2000.
Sec. 6-38k. Cooperation by high sheriffs with Chief Court Administrator for
efficient operation and transition of functions. Section 6-38k is repealed, effective
October 1, 2002.
(P.A. 00-99, S. 144, 154; S.A. 02-12, S. 1.)
Sec. 6-38l. Acts prohibited with respect to high sheriffs in the solicitation of
contribution or expenditure, committees and referenda. (a) As used in the section:
(1) "Contribution" has the same meaning as "contribution", as defined in section
9-333b, except that the exclusions to said term in subsection (b) of said section shall
not apply;
(2) "Expenditure" has the same meaning as "expenditure", as defined in section 9-
333c, except that the exclusions to said term in subsection (b) of said section shall not
apply; and
(3) "Immediate family" means a dependent relative who resides in the individual's
household or any spouse, child or parent of the individual.
(b) No high sheriff may, directly or indirectly, solicit a contribution or an expenditure from a deputy sheriff, a special deputy sheriff, an employee of the high sheriff, a
member of the immediate family of a deputy sheriff, special deputy sheriff or employee
of the high sheriff, or a business client with whom the high sheriff has conducted business
in the capacity of high sheriff during the preceding twelve months, for (1) an exploratory
committee or a candidate committee established by a high sheriff, (2) a political committee established by a high sheriff or an agent of a high sheriff, (3) the aid or promotion
of the success or defeat of a referendum question or (4) any other purpose for which
contributions or expenditures may be made under chapter 150.
(c) A high sheriff commits a violation of this section when such high sheriff, with
intent that conduct that would constitute a violation of this section if performed by a
high sheriff be performed by another person, agrees with one or more persons to engage
in or cause the performance of such conduct and any one of them commits an overt act
in pursuance of such agreement.
(d) Any person who violates any provision of this section shall be guilty of a class
D felony.
(P.A. 00-99, S. 149, 154; P.A. 01-195, S. 11, 181.)
History: P.A. 00-99 effective April 27, 2000; P.A. 01-195 made a technical change in Subsec. (b) for purposes of gender
neutrality, effective July 11, 2001.
(a) There is established a state marshal account which shall be a separate nonlapsing account within the General Fund. The account
shall contain any moneys required by law to be deposited into the account. Any balance
remaining in said account at the end of any fiscal year shall be carried forward in the
account for the next fiscal year.
(b) Commencing October 1, 2001, and not later than October first each year thereafter, each state marshal shall pay an annual fee of two hundred fifty dollars to the State
Marshal Commission.
(c) The additional fee paid to court pursuant to section 52-259d and any fee collected
pursuant to subsection (b) of this section, shall be deposited in the General Fund.
(d) The first two hundred fifty thousand dollars collected each fiscal year, pursuant
to subsections (b) and (c) of this section, shall be credited to the state marshal account
and be available for expenditure by the State Marshal Commission for the operating
expenses of the commission. From July 1, 2001, until July 1, 2006, the Secretary of the
Office of Policy and Management shall review and approve or disapprove the budget
of the commission.
(e) For the fiscal year ending June 30, 2002, the next one hundred ten thousand
dollars collected in subsections (b) and (c) of this section shall be transferred to the
Judicial Department and be available for expenditure by the Judicial Department for
the operating expenses of the Commission on Racial and Ethnic Disparity. The next
two hundred thirty thousand dollars shall be transferred to the Office of Policy and
Management for Other Expenses for the purposes of subsections (f) and (g) of section
54-1m.
(f) The moneys made available in subsection (e) of this section may be transferred
by said office to agencies requiring funds for such purposes.
(June Sp. Sess. P.A. 01-9, S. 11, 131; P.A. 02-4, S. 17.)
History: June Sp. Sess. P.A. 01-9 effective July 1, 2001 (Revisor's note: The references in Subsecs. (d) and (e) to
"$250,000", "$110,000" and "$230,000", were replaced editorially by the Revisors with "two hundred fifty thousand
dollars", "one hundred ten thousand dollars" and "two hundred thirty thousand dollars", respectively and in Subsec. (e)
the comma following the word "section" was deleted for consistency with statutory usage); P.A. 02-4 amended Subsecs.
(d) and (e) by adding reference to Subsec. (c), effective February 28, 2002.
Notwithstanding the provisions of sections 6-38, 6-38f and 6-38g, any high sheriff may
apply not later than October 1, 2001, to the State Marshal Commission for appointment
as a state marshal and may be appointed as a state marshal, provided he or she complies
with the provisions of subsection (h) of section 6-38b and resigns the position of high
sheriff on or before appointment as a state marshal.
(June Sp. Sess. P.A. 01-9, S. 16, 131.)
History: June Sp. Sess. P.A. 01-9 effective July 1, 2001.
Each state marshal, before entering upon the
duties of a state marshal, shall give to the State Marshal Commission a bond in the sum
of ten thousand dollars conditioned that such state marshal will faithfully discharge the
duties of state marshal and answer all damages which any person sustains by reason of
such state marshal's unfaithfulness or neglect. The premium for said bonds shall be paid
by the state. No state marshal shall collect tax warrants for the state or any municipality
until such state marshal executes a bond in the sum of one hundred thousand dollars.
(1949 Rev., S. 458; 1961, P.A. 526; P.A. 73-237, S. 2, 3; P.A. 94-177, S. 10; May 25 Sp. Sess. P.A. 94-1, S. 67, 130;
P.A. 00-99, S. 127, 154.)
History: 1961 act provided that bond premiums be paid by state; P.A. 73-237 exempted sheriffs already bonded from
deputy's bond requirement when serving as deputies; P.A. 94-177 added requirement of bond of one hundred thousand
dollars for deputy sheriffs who collect tax warrants; May 25 Sp. Sess. P.A. 94-1 revised effective date of P.A. 94-177 but
without affecting this section, effective July 1, 1994; P.A. 00-99 replaced references to deputy sheriff with state marshal,
replaced reference to sheriff with State Marshal Commission and deleted provision re bond of sheriff, effective December
1, 2000.
Facts held to show reasonable care in removal of goods from house by deputy sheriff acting under execution in summary
process. 106 C. 389.
Cited. 4 CS 175; 19 CS 259.
Secs. 6-40 and 6-41. Chief deputies' salaries. Compensation of: Constables for
court attendance; deputy sheriffs and special deputy sheriffs for court attendance
or services at overnight jail facility. Sections 6-40 and 6-41 are repealed, effective
December 1, 2000.
(1949 Rev., S. 3621; 1951, S. 1978d; 1955, S. 194d, 1978d; 1959, P.A. 362, S. 1; 438; 1963, P.A. 117; 1967, P.A. 576,
S. 1; 683; P.A. 74-183, S. 164, 291; P.A. 76-436, S. 564, 681; P.A. 77-576, S. 51, 61, 65; P.A. 82-442, S. 3, 5; P.A. 84-
397, S. 1, 7; P.A. 85-140, S. 4; P.A. 87-413, S. 2, 3; P.A. 88-279, S. 1, 3; P.A. 90-291, S. 1, 2; July 21 Sp. Sess. P.A. 97-
1, S. 2, 8; P.A. 00-99, S. 153, 154.)
Section 6-42 is repealed.
(1957, P.A. 405; 1959, P.A. 152, S. 99.)
From July 1, 1997, to June 30, 1999, special deputy
sheriffs shall be subject to the provisions of chapter 68, except that said special deputies
shall not be allowed to petition the Connecticut State Board of Labor Relations to form
a bargaining unit prior to July 1, 1999. On and after July 1, 1999, special deputy sheriffs
shall be subject to the provisions of chapters 66 to 68, inclusive.
(1949 Rev., S. 459; 1959, P.A. 362, S. 2; P.A. 80-394, S. 5, 13; P.A. 84-397, S. 4, 7; P.A. 92-61, S. 1, 2; P.A. 94-177,
S. 5; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 97-148, S. 2, 8; P.A. 00-99, S. 11, 154.)
History: 1959 act authorized appointment of special deputies when needed for court attendance; P.A. 80-394 added
provisions concerning special deputies appointed as court security officers; P.A. 84-397 deleted provisions concerning the
appointment of special deputies as court security officers, the aggregate number of such officers and the termination or
dismissal of such officers; P.A. 92-61 added provision excluding special deputy sheriffs from provisions of chapters 66
to 68, inclusive; P.A. 94-177 added provision that special deputy sheriffs may be removed for just cause after due notice
and hearing, replacing provision re sheriff's power to dismiss deputies when appointing sheriff deems them to be no longer
necessary; May 25 Sp. Sess. P.A. 94-1 revised effective date of P.A. 94-177 but without affecting this section, effective
July 1, 1994; P.A. 97-148 made special deputies subject to Ch. 68 until June 1999, and thereafter to Chs. 66 to 68, and
delayed the right of special deputies to petition to form a bargaining unit, effective July 1, 1997; P.A. 00-99 deleted provision
re appointment, powers and term of office of special deputy sheriffs and changed "State Labor Board" to "Connecticut
State Board of Labor Relations", effective December 1, 2000.
Cited. 229 C. 479, 481.
Sections 6-44 to 6-46, inclusive, are repealed, effective December 1, 2000.
(1949 Rev., S. 460—462; P.A. 80-161; P.A. 94-177, S. 6; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 153, 154.)
Section 6-47 is repealed.
(1949 Rev., S. 463; 1959, P.A. 152, S. 99.)
Section 6-48 is repealed, effective December 1, 2000.
(1949 Rev., S. 464; 1959, P.A. 152, S. 11; P.A. 00-99, S. 153, 154.)
Transferred to Chapter 959, Sec. 54-1f.
Transferred to Chapter 959, Sec. 54-1h.
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