State of Connecticut, Judicial Branch v. Commission on Human Rights and Opportunities, Office of Public Hearings, et al.

Summary

The Connecticut Supreme Court held that the Superior Court had jurisdiction over the Judicial Branch’s interlocutory administrative appeal from a human rights referee’s denial of its motion to dismiss. The court further held that the Commission on Human Rights and Opportunities could not exercise jurisdiction over discrimination and retaliation claims arising from the Judicial Branch’s regulation of attorney discipline and reinstatement because doing so would violate the separation of powers doctrine. The judgment sustaining the administrative appeal and directing dismissal of the complaint was affirmed.

Holdings

1. The Superior Court had subject matter jurisdiction under General Statutes §§ 4-183 (b) and 46a-94a (a) because the Judicial Branch asserted a colorable claim of immunity from suit arising from the separation of powers doctrine, and postponement of review would have resulted in an inadequate remedy.
2. Under the circumstances presented, the commission’s exercise of jurisdiction over a complaint alleging discrimination and retaliation in the Judicial Branch’s regulation of the legal profession violated the separation of powers doctrine. The commission was therefore required to dismiss the complaint, and the Judicial Branch was immune from adjudication in that administrative forum.

Questions Presented

1. Whether the Superior Court had subject matter jurisdiction over the Judicial Branch’s interlocutory administrative appeal from the commission referee’s denial of its motion to dismiss.
2. Whether the commission’s exercise of jurisdiction over discrimination and retaliation claims arising from the Judicial Branch’s regulation of the legal profession violated the separation of powers doctrine.
3. Whether the Judicial Branch was entitled to immunity from adjudication of the complaint in the commission’s administrative forum.

Disposition

affirmed