State Senate to "Call" Supreme Court Justices to Testify

The Associated Press is reporting:

"State lawmakers said Wednesday that they expect to call the six current Connecticut Supreme Court justices and the retired chief justice to testify at an investigative hearing into why the court's leader delayed the release of a decision to help his potential successor's confirmation.

'I would think it would be very likely if most, if not all, the justices would be asked to meet with the committee,' said Sen. Andrew McDonald, D-Stamford, co-chairman of the legislature's Judiciary Committee.

Lawmakers have not yet set a date for the public hearing, but said it will likely take place after the legislature adjourns May 3."

In a further errosion of both the separation of powers and the apolitical face of the judiciary, acting Chief Justice David Borden "informed legislators that he has agreed - at their request - to preserve all documents and e-mails the Judicial Branch controls relating to Sullivan's April 15 retirement and Rell's nomination of Zarella." Further, "Borden said he also directed court officials to preserve any documents relating to the court ruling that Sullivan delayed....Borden, in a letter to lawmakers, said he has no authority to direct individual justices to comply with the legislature's request to preserve documents. However, he said he 'respectfully requested' they consent. 'I have no reason to believe that any of them will not do so,' he said."

Because of the separation of powers, I don't think that the legislature has the right to force any Supreme Court justices to testify. It therefore appears that any justices who appear will do so of their own volition. In other words, expect the battle lines to be drawn even sharper and the reputation of the court to drop even farther.