Constitution of Connecticut (2025 publisher edition) — Amendment XX

Publisher edition notice: The publisher identifies this compilation as revised to January 1, 2025. It preserves the annotated original 1965 text and all ratified amendments, alongside the Revisors' unofficial convenience version incorporating extant amendments. The latter does not supersede the original Constitution and amendments; later changes have not been independently verified.

Amendment XX Ratified amendment and publisher annotations.

ARTICLE XX.*
*Adopted November 24, 1982.
Cited. 195 C. 303; 210 C. 401.
(Courts, powers and jurisdiction.)
Section 1. Section 1 of article fifth of the Constitution is amended to read as follows:
1 The judicial power of the state shall be vested in a supreme court, an appellate
court, a superior court, and such lower courts as the general assembly shall, from
time to time, ordain and establish. The powers and jurisdiction of these courts shall be
defined by law.

-- 60 of 129 --

Art. XX AMENDMENTS TO THE 203
CONSTITUTION OF THE STATE OF CONNECTICUT
1 All courts in this state are of limited jurisdiction; facts showing jurisdiction must be alleged. 5 C. 439. The supreme
court of errors was constituted as a court for the correction of errors of law only. 34 C. 174. Upon appeal to a judge of
the superior court, allowed by a city charter, the judge is a special tribunal for a particular purpose, and not a court within
the meaning of the constitution. 35 C. 73, 222. State courts retain jurisdiction except where the federal constitution or
Congress has granted exclusive jurisdiction to the federal courts, or the exercise of the jurisdiction is incompatible with
such exercise by those courts. Id., 381. No judicial power is vested by the constitution in the general assembly; it cannot
delegate to common council power to appoint city court judge; judicial power is vested in the courts by the constitution.
36 C. 446; see 3 Dal. 395. The legislature may in some cases exercise powers judicial in their nature. Where the time
allowed for appeal from probate had elapsed, an act extending such time was held constitutional. 45 C. 313–316; over-
ruled, 69 C. 576. Former words “inferior courts” mean those whose judgments are reviewable, rather than those whose
proceedings are invalid unless jurisdiction appears upon the face of the record. 49 C. 596; 50 C. 325; see also 102 C. 29.
County commissioners when trying causes for the revocation of licenses are not an inferior court in the constitutional
sense. 49 C. 596; 50 C. 325. An act conferring upon a board of health power to examine into and remove nuisances
dangerous to health is not invalid as conferring judicial powers upon a tribunal not warranted by the constitution. 51 C.
80. A judge of the supreme court hearing an application for the appointment of a receiver is a special tribunal and not a
court within the meaning of the constitution. 63 C. 580. The supreme court is one for the correction of errors of law, and
not for the trial or retrial of questions of fact. 64 C. 432; 104 C. 418. The general assembly cannot authorize the courts,
or the judges thereof acting judicially, to exercise powers essentially legislative; the power of regulating the location,
construction, and operation of street railways is legislative. 69 C. 576. Courts can refuse duties imposed on them by U.S.
government, 82 C. 367; but see 223 U.S. 1. Power to authorize change in charitable trust. 85 C. 309. Extent of judicial
power in respect to administrative functions. Id., 517. That parties may refuse to proceed with condemnation after
appraisal is made does not make proceedings nonjudicial. Id., 663. Courts cannot act in nonjudicial matters; but may
appraise damages in condemnation proceedings though parties can refuse to carry out proceeding. Id. Limits of power
of legislature to “define” jurisdiction. 64 C. 452. What are “inferior courts”; does not include a justice of the peace.
102 C. 29, 31. Test of inferior court is whether it exercises limited jurisdiction, as distinguished from general jurisdic-
tion of superior court; court of common pleas as established in 1941 is an inferior court. 130 C. 122, 133, 134. Intent
of constitution that superior court continue with essential characteristics it possessed when constitution was adopted.
Id., 127. Power of general assembly to create inferior courts discussed. Id., 133–144. Cited. 142 C. 72. Supreme court
of errors and superior court are constitutional courts; their members hold judicial power of state. 145 C. 222. Superior
court is constitutional court of unlimited jurisdiction. 154 C. 272, 278. This section divides courts into (1) supreme court
and superior court, called “constitutional courts” and (2) all other courts called “lower courts” which are established by
legislature. General assembly has power to make rules for administration of “lower courts.” 157 C. 150. The circuit court
is one of the lower courts which the general assembly may create and define the powers and jurisdiction thereof. 159
C. 150. General assembly may not infringe upon judicial power; separation of powers discussed; history. 166 C. 501.
Interpretation of phrase “by law” in Art. V, Sec. 1. 171 C. 395. Cited. 172 C. 88. Exercise of judicial power by a retired
judge who has been designated a state referee does not violate this section. 177 C. 173. Cited. 179 C. 552; 185 C. 495.
The Sentence Review Act (Secs. 51-194 through 51-197) does not materially detract from the superior court’s jurisdic-
tion over serious criminal offenses or from its power to impose punishment, nor does it impair the essential nature of
the Supreme Court as a court of last resort for the correction of errors. 187 C. 109. Cited. Id., 292. Connecticut Unfair
Trade Practices Act (chapter 735a) does not violate doctrine of separation of powers in present circumstances. 190 C.
510. Cited. 191 C. 336; 192 C. 234; Id., 704. “There is fundamentally greater legislative authority over legislative courts
created pursuant to this provision ...” than over constitutional courts. 193 C. 180. Cited. 195 C. 303; Id., 534; 199 C. 417;
Id., 618; 203 C. 63; Id., 641; 209 C. 579; 212 C. 83. Separation of powers provisions cited. Id. Cited. 213 C. 54; Id., 373.
Cited; impermissible delegation of judicial power cited; usurp a constitutionally mandated judicial function cited. 215
C. 162. Cited. 216 C. 127; Id., 135; 222 C. 299; Id., 480; 224 C. 168. Separation of powers provisions cited. Id. Cited.
230 C. 427; 238 C. 389. Petitioner failed to establish that there exists a fundamental right to an in person termination of
parental rights trial. 343 C. 642.
Cited. 4 CA 339; 14 CA 688; 17 CA 627; 19 CA 340; 20 CA 470; 23 CA 221; 25 CA 262; 29 CA 157; 45 CA 324.
Fixing the qualifications for, as well as admitting persons to, the practice of law in this state has ever been an exercise of
judicial power. 126 CA 692. Because there is no precedent in Connecticut to authorize the civil writ of audita querela in
the criminal context, defendant’s request to do so is declined. 130 CA 652.
Cited. 24 CS 185. General assembly retains police powers to make laws for comfort and welfare of society, not-
withstanding vesting of judicial power in courts. 28 CS 52. The circuit court and superior court are part of one judicial
system, hence conviction in circuit court bars prosecution for a higher degree of crime on same facts in superior court
under doctrine of double jeopardy. 31 CS 289. Cited. 39 CS 347. Administrative adjudication under Sec. 20-342(h)
by defendant Department of Consumer Protection concluding that plaintiff swimming pool contractor violated Home
Improvement Act by failure to return homeowner’s deposit after his cancellation of contract and defendant’s subsequent
ordering of restitution under that statute to homeowner found not to be an unconstitutional violation of the judicial pow-
ers provision of the state constitution. 48 CS 248.
No judicial power is vested by constitution in general assembly, either directly or as an incident of legislative power,
and general assembly cannot confer it. 4 Conn. Cir. Ct. 313, 318. Presumed legislature intended to exclude from opera-
tion of “right to know” statutes the exclusive power over admission to bar vested in superior court. Id., 321.
(Supreme, appellate and superior court judges, appointment, terms, removal.)
Sec. 2. Section 2 of article fifth of the Constitution is amended to read as follows:

-- 61 of 129 --

204 AMENDMENTS TO THE Art. XXI
CONSTITUTION OF THE STATE OF CONNECTICUT
1
The judges of the supreme court, of the appellate court and of the superior court
shall, upon nomination by the governor, be appointed by the general assembly in such
manner as shall by law be prescribed. They shall hold their offices for the term of eight
years, but may be removed by impeachment. The governor shall also remove them on
the address of two-thirds of each house of the general assembly.
1 Amended by Article XXV., of the Amendments to the Constitution of the State of Connecticut.