Ken Dixon's Blog-O-Rama

Ken Dixon's Blog-O-Rama

Connecticut politics is a contact sport

Archive for January, 2010

Bysiewicz Gets “Active:” Public-Sector Law Is Just As Good As Private

 

Remember yesterday’s Blog-o-rama post by the attorney with statutory questions about Susan Bysiewicz’s credentials as an “active” attorney in relation to her run for attorney general?

 Well, today she asked Attorney General Richard Blumenthal, the man she wants to replace, for an opinion on the issue. All in all, it seems to be a couple-day story in the countdown to an August primary with George Jepsen, the former state Senate majority leader.

 “This is a very simple question we’ve researched more over the last couple days than we did in the period before,” Bysiewicz just said in a phone interview.

It seems that being a qualified elector, meaning she’s not in prison on felony charges, and a member of the bar since 1986 should be more than enough, since the vague statute says a candidate for AG must have 10 years as an “active” lawyer.

 “Active means simply that you must comply with all the requirements to be admitted to the Connecticut bar and remain in good standing,” said Bysiewicz.

 She indicated that people such as Jepsen, her presumptive challenger for the Democratic party nomination in May, think private practice is the be-all and end-all for candidacy qualifications.

 “Some people are taking an overly narrow definition and they are irresponsibly suggesting that active practice means only private practice,” she said. “It’s highly irresponsible, shows poor legal judgment and is ludicrous to suggest that law work in the public sector shouldn’t count.”

 Blumenthal: The Secretary of the State has contacted our office. We have received no formal request for an opinion. We cannot comment further.”

Posted in General | Add a comment

Rell Makes It Official: Special Election in Stratford Set to Replace Harkins

 
 Gov. M. Jodi Rell has signed the writ authorizing the March 2 special election for the 120th Assembly District seat in Stratford left vacant by the resignation of John Harkins to focus on being the new mayor.
That gives local pols 10 days to get their candidates together and notify the secretary of the state. Petitioning candidates need to collect 107 signatures and turn them into Secretary of the State Susan Bysiewicz by January 25th.
Posted in General | Add a comment

CBIA: Don’t Tax Us Out of Connecticut!

A new report by the Connecticut Business & Industry Association, released early this morning, is a blueprint for their lobbying in the upcoming legislative session. It includes a list of “dos and don’ts” on how to save some of the 85,000 jobs lost during the current recession. It warns of the dangers of unfunded liabilities, such as local and state pension plans. It said lawmakers shouldn’t approve tax increases that could harm the economy and stresses the need to make state government “as cost-effective as possible,” before any increases in state spending are approved.

 It also calls for a massive examination of every aspect of state government, to cut waste and “modify or eliminate underperforming programs.”

“State lawmakers must do all they can to encourage employers to invest and grow here in Connecticut,” said John Rathgeber, the association’s president and CEO. “A strong employer base will generate the tax revenue state government needs to deliver important public services and programs as well as keep and create the jobs necessary to sustain our high quality of life and secure Connecticut’s future.”

Meanwhile, amid the continued decline in state tax revenue, Gov. Jodi Rell is woodshedding as she works on presenting her final budget to the General Assembly when the short budget-adjustment session starts on February 3.

Posted in General | 2 Comments

Jepsen Hints Bysiewicz’s Flip Flop on Campaign-Finance Reform$ Will Be Part of the Debate During Run For Attorney General. Cafero Uses the Issue For a New Battle Cry (“Are You Kidding Me?”)

 

George Jepsen of Ridgefield, the former state senate majority leader, Democratic state party chairman and failed lieutenant governor candidate back in 2002, has officially filed his documents setting up an exploratory committee for attorney general, unless Secretary of the State Susan Bysiewicz, who handles such things, ordered a staff to mail the documents to the Arctic Circle.

That’s unlikely. But who would have predicted that Bysiewicz would have said yesterday, when she announced her candidacy for attorney general that she would say she doesn’t expect to use the state’s public-financing system?

 As recently as last week she tried to file a friend-of-the-court brief supporting the state’s bid to overturn a federal-court decision that threw out the state’s landmark 2005 campaign reforms.

 “It’s stunning. It’s absolutely stunning,” said Jepsen, speaking with reporters in the Capitol Press Room. “If you peel the layers of the onion back, you have a reversal that you can call cynical and hypocritical. It absolutely directly contradicts everything she’s said about the need for campaign finance reform.”

 Jepsen expects for the exploratory phase of his campaign to last about six weeks as he gets an organization up and running. He underscored 26 years as a practicing attorney as his solid credentials.

The Blogster believes that the issue of public financing, which is now in the hands of the US Second Circuit, will become a major part of the public discussion as Jepsen and Bysiewicz waltz toward the May party convention – and beyond.

An hour after the initial posting, House Minority leader Larry Cafero, R-Norwalk, stopped by the Capitol Press Room to criticize yet another “blue rbbon” committee, this called called by House majority Democrats, to study regionalization. Later, when informed of Bysiewicz’s intention to collect campaign contributions the old-fashioned way, he started laughing loudly and shouted “Are You Kidding Me?” at least twice.

Posted in General | Add a comment

Just What We Need: One More Candidate for Governor

Just when you thought it was safe to use ink on your scorecard, along comes Chester First Selectman Tom Marsh, a cleaning-service contractor who this morning announced an exploratory committee for statewide office, including governor under the Republican banner.
 

“Connecticut State government is broken because of shortsighted solutions and an unwillingness to make tough decisions,” he said in a statement accompanying his declaration. “The fiscal crisis in the early 90’s brought us the income tax. The last budget crisis in 2002 saw slashes in state staffing” Marsh said. “We are standing today with a heavy tax burden, our state credit card maxed out, and still our leaders cannot decide what’s strategically important in state government and how to balance revenues and expenses.”

He has not yet been posted on the State Elections Enforcement Commission Web site, but Republicans say he might be the only municipal official in the state whose community – granted, very well-heeled – has actually reduced spending over the last two years.

 

 

 

Posted in General | 3 Comments

Lawyer Asks Whether Bysiewicz Has Enough Time Practicing Law To Qualify As CT’s Attorney General

This is a post from A Connecticut Law Blog that was passed along to the Blog-o-rama

Is Susan Bysiewicz Legally Qualified To Serve As Attorney General?

by Ryan McKeen

I don’t know.  The truth is that in my opinion Susan Bysiewicz would make a fantastic anything she wants to do. She’s intelligent and hardworking. In the interest of full disclosure, I’m a Democrat and would have voted for Susan Bysiewicz for Governor. I am not involved with nor have I ever been contacted by anyone running for attorney general from either party.

But this post isn’t about that. It’s about whether or not she’s legally qualified to serve. Keep in mind that I’m a lawyer engaged in the active practice of law who happens to devote some of his free time to this site. I’m not Bob Woodward. A few clicks of the google is as far as I go.

Let me begin by saying it’s very possible and perhaps likely that Ms. Bysiewicz is legally qualified to serve as attorney general. Many Connecticut legislators maintain law practices while serving in the General Assembly. It’s possible that something like that just didn’t make the cut in her online biography.

At any rate, even if there’s an easy answer, and that answer is “yes” the question is still worth asking. It’s a fair question and one that deserves an answer.

Here’s the relevant text of the statute that lays out the qualifications to serve as Connecticut’s attorney general:

…The Attorney General shall be an elector of this state and an attorney at law of at least ten years’ active practice at the bar of this state….Conn.Gen.Stat. Section 3-124.

Pretty straight forward, in order to serve as attorney general a person must be an attorney with at least ten years’ active practice.

According to the Judicial Branch website, Ms. Bysiewicz was admitted to practice law in Connecticut on November 21, 1986. If it weren’t for the words “active practice at the bar of this state” I wouldn’t be writing this post.

VoteSmart.org lists Ms. Bysiewicz’s professional experience as follows:

Attorney, Aetna Insurance Company, 1992-1994
Attorney, Robinson and Cole, 1988-1992
Attorney, White and Case Law Firm

If my math is right that’s 6 years active practice (Robinson and Cole and Aetna) at the Connecticut bar.

Here’s what Ms. Bysiewicz’s biography on the Secretary of State’s Website reads about her time at White and Case in New York City:

A graduate of Yale College and Duke University School of Law, she practiced corporate and international law at White and Case in New York City.

It’s possible the work Ms. Bysiewicz did at White and Case could qualify as practice at the Connecticut bar – she was licensed at the time.  However, given that she practiced international law in New York city it’s possible that her years at White and Case would not count as “active practice at the bar of this state”.

We know that Ms. Bysiewicz served as a State-Representative from 1993 to 1998.  It’s not clear from either her biography on her website or from Project Vote Smart that Ms. Bysiewicz was engaged in the “active practice” of law during these years. Serving in the legislature doesn’t qualify as the active practice of law at the Connecticut bar. It’s certainly possible she was working as a lawyer in private practice while she was serving but also possible she wasn’t.

Assuming that Ms. Bysiewicz’s time at White and Case counts as the active practice of law at the Connecticut bar that would mean she had accrued 8 years active practice by the time she left Aetna in 1994.  If not, then she would have had 6 years in active practice.

Either way, if Ms. Bysiewicz was not engaged in the active practice of law after she left Aetna and prior to her becoming Secretary of State she may not be legally qualified to be attorney general in large part because of the statute that defines the role of Secretary of State which reads in relevant part as follows:

The Secretary shall keep all the public records and documents and record all acts, orders, grants and resolutions of the General Assembly, including all resolutions of appointment and resolutions directing orders to be drawn on the Treasurer, and give true copies thereof when required. The Secretary shall keep the records and files of the Superior Court previous to May, 1798, and the original books and papers of the late Connecticut Land Company; provided the Secretary may turn over any such records, documents or papers to the State Library in accordance with the provisions of section 11-4c. The Secretary may give certified copies of any entries in such records, files, books or other papers and of the files and records of said Superior Court and of the Supreme Court, remaining in the office, which copies shall be legal evidence. The Secretary shall be the keeper of the seal of the state, which shall not be altered, and shall affix the same to acts, laws, orders, commissions, instruments and certificates, when requested or required by law. In accordance with established procedures, the Secretary may enter into such contractual agreements as may be necessary for the discharge of the Secretary’s duties. The Secretary shall receive an annual salary of one hundred ten thousand dollars and shall devote full time to the duties of the office. Conn. Gen. Stat. 3-77.

No matter how one slices it, time served as Secretary of State does not count for being engaged in the active practice of law at the Connecticut bar. There’s no requirement that the Secretary of State be an attorney because it’s not the practice of law. If the Secretary of State was engaged in the active practice of law she would have to be an attorney. Further, the statute requires the Secretary of State to devote full time duties to the office.

Ms. Bysiewicz has served as Secretary of State from 1998 to the present. That means at the very most she’s been engaged in the active practice of law for 12 years (from 1986 when she was licensed to 1998 when she became Secretary of State).

Who knows? I may get to cast my vote for her as Governor after all….or not.

Posted in General | Add a comment

Blumenthal stomps McMahon or Simmons in US Senate Race: Q Poll. Simmons puts on a happy face

 So Attorney General Dick Blumenthal seems poised to beat any Republican candidate for U.S. Senate by nearly three-to-one (Greenwich millionaire/wrestling executive/neophyte Linda McMahon) or more than two-to-one (Rob Simmons the former eastern Connecticut congressman). Simmons’ camp just put out a news release trumpeting his lead over McMahon and ignoring the obvious problem of Blumenthal. It’s pretty amusing.
 Here’s some of it:
 
Despite millions and millions of dollars spent on advertising, Linda McMahon has still been unable to buy a lead in the race for the Republican nomination.  Voters in Connecticut are clearly expressing their skepticism about her qualifications and her inability to address their deep concerns about her financial support for Democratic candidates, threats to run as an independent candidate, and controversial pro wrestling career which is funding her campaign.  Mrs. McMahon will have to spend millions more than she expected to gain parity with Rob Simmons, and even then, when Rob Simmons eventually takes to the airwaves, whatever support she may have bought in a vacuum will dissipate as voters are reminded of the choice they face. 
 
“Once Rob Simmons is the Republican nominee, Richard Blumenthal will have to face – for the first time in his career – a battle-tested, proven winner who has the experience, vision and know how to defeat him.”
 
The Blogster would like to point out that know-how is indeed hyphenated and also wonders whether “battle tested” is reference to Simmons’ Vietnam War experience with the Phoenix project, a CIA-sponsored intelligence-and-assassination project that did so little to capture the hearts and minds of the Vietnamese.
 
Posted in General | Add a comment

Healy, Finally, Weighs in on Bysiewicz

You’d think Chris Healy, the quote-ready GOP state chairman, would have a function key on his computer, ready to pop out pithy quotes about this, but Bysiewicz announced her shift to AG at 11 and it’s now 5:30, as his release hits the Blogster’s computer.

 Was it worth the wait?

“Secretary Bysiewicz decision to run for Attorney General is stunning retreat from her initial goal of being Governor, despite her leading in every public poll. One can only guess Sec. Bysiewicz saw the colossal budget deficit caused by her fellow Democrats and felt it was wiser to seek other options. Since she has spent most of her career campaigning for another job, maybe Sec. Bysiewicz believes she can be Dick Blumenthal. But there is only one Dick Blumenthal, luckily, who politicized that office for his own gain.”

 

“This is another stunning example of how of touch life-time politicians like Susan Bysiewicz have become  - to believe that simply job hunting be considered leadership. It won’t matter, because Connecticut will elect a Republican for Attorney General, someone who understand that the job of Attorney General is to protect Connecticut’s interests, not a stepping stone to another government job.”

Posted in General | Add a comment

Recent Comments

Categories

Twitter Updates

Archives

February 2012
M T W T F S S
« Jan «-»  
 12345
6789101112
13141516171819
20212223242526
272829