(a) Cases involving motor vehicle violations, excluding alleged violations of sections 14-215, 14-222, 14-222a, 14-224, 14-227a, 14-227m and 14-227n and any other motor vehicle violation involving a possible term of imprisonment, or any violation, as defined in section 53a-27, which are scheduled for the entering of a plea may be handled by a magistrate.
(b) Infractions and violations designated in subsection (a) of this section in which a plea of not guilty has been entered may be heard by a magistrate. Magistrates shall not have the authority to conduct jury trials.
(c) Magistrates shall have the authority to accept pleas of guilty or of not guilty, to accept pleas of nolo contendere and enter findings of guilty thereon, to impose fines, to set bonds, to forfeit bonds, to continue cases to a date certain, to enter nolles brought by the prosecutorial official, to recommend suspension under section 14-111b, 14-140 or 15-154, to order notices of intention to suspend motor vehicle licenses and registrations, to order issuance of a mittimus if a defendant has been found able to pay and fails to pay, to remit fines, to impose or waive fees and costs, to hear and decide motions, to dismiss cases and to decide cases that are tried before him.
(d) A decision of the magistrate, including any penalty imposed, shall become a judgment of the court if no demand for a trial de novo is filed. Such decision of the magistrate shall become null and void if a timely demand for a trial de novo is filed. A demand for a trial de novo shall be filed with the court clerk within five days of the date the decision was rendered by the magistrate and, if filed by the prosecutorial official, it shall include a certification that a copy thereof has been served on the defendant or his attorney, in accordance with the rules of court. No record of the proceedings shall be required to be kept.
(P.A. 85-464, S. 4; P.A. 86-127, S. 1, 2; P.A. 92-116; P.A. 93-142, S. 2; P.A. 16-126, S. 29.)
History: P.A. 86-127 amended Subsec. (b) to delete provision which authorized magistrates to hear certain cases “unless a claim has been made for a jury trial at which time the case will be entered in the docket as a jury case” and amended Subsec. (c) to authorize magistrates to accept pleas of nolo contendere and enter findings of guilty thereon, to recommend suspension under Sec. 14-111b or 15-154, and to hear and decide motions, deleting former Subsec. (e) which had prohibited magistrates from conducting jury trials and merging former Subsec. (e) into (c); P.A. 92-116 amended Subsec. (c) to permit waiver of fee for motion to reopen judgment and amended Subsec. (d) to provide that no record of the proceedings shall be required to be kept; P.A. 93-142 broadened authority of magistrates to hear cases involving violations as defined in Sec. 53a-27; P.A. 16-126 amended Subsec. (a) by adding references to Secs. 14-227m and 14-227n.
Decision to enter nolle prosequi is a decision of magistrate, not prosecutor, from which demand for trial de novo can be made and over which trial court and appellate court have jurisdiction. 143 CA 194.
Subsec. (d):
Statute violates double jeopardy clause. 41 CS 356.
Structure Connecticut General Statutes
Section 51-164t. - Composition of Superior Court established by rule.
Section 51-164u. - Transfer of matters and appeals pending on July 1, 1978.
Section 51-166. - Annual meeting of judges.
Section 51-167. - Special meetings of the judges.
Section 51-180. - Criminal terms and sessions.
Section 51-180a. (Formerly Sec. 51-153). - Special session when accused confined for want of bail.
Section 51-181. - Times and places for the sitting of the Superior Court.
Section 51-181a. - Sessions at Bristol.
Section 51-181b. - Drug docket and drug courts.
Section 51-181c. - Community court.
Section 51-181d. - Truancy docket. Implementation.
Section 51-181e. - Domestic violence dockets.
Section 51-182. - Notice of sessions. Special sessions. Short calendar.
Section 51-182a and 51-182b. - Family relations term. Family relations sessions.
Section 51-182c. - Transferred to Chapter 815, Sec. 46b-1.
Section 51-182d. - Length of family relations sessions; assignment of judges.
Section 51-182e and 51-182f. - Transferred to Chapter 815, Secs. 46b-3 and 46b-4, respectively.
Section 51-182h. - Transferred to Chapter 815, Sec. 46b-11.
Section 51-182i to 51-182k. - Transferred to Chapter 815, Secs. 46b-5 to 46b-7, inclusive.
Section 51-182l. - Transferred to Chapter 815, Sec. 46b-10.
Section 51-182m. - Transferred to Chapter 815, Sec. 46b-9.
Section 51-182p. - Transferred to Chapter 815, Sec. 46b-8.
Section 51-183. - Substitute judge.
Section 51-183a. (Formerly Sec. 51-28). - Judge's inability to hold court.
Section 51-183b. (Formerly Sec. 51-29). - Judgments in civil actions. Time limit.
Section 51-183c. (Formerly Sec. 51-41). - Same judge not to preside at new trial.
Section 51-183d. (Formerly Sec. 51-42). - Disqualified judge; proceedings not void.
Section 51-183e. (Formerly Sec. 51-43). - Presiding judge or arbitrator to have casting vote.
Section 51-183g. (Formerly Sec. 51-46). - Retiring judge; unfinished matters.
Section 51-184. - Adjournment of court.
Section 51-185. - Disposition of civil business at criminal sessions.
Section 51-186. - Hearings at the Connecticut Correctional Institution, Somers.
Section 51-187. - Court accommodations in Windham County and at Rockville.
Section 51-189. - Transfer of hearings before judges.
Section 51-190. - Trial before judge; papers filed where.
Section 51-190a. (Formerly Sec. 51-161). - Filing of papers upon decision.
Section 51-193d. - Moneys found in or on grounds of Superior Court presumed abandoned.
Section 51-193r. - Compensation of magistrates.
Section 51-193s. - Submission of names of probate judges for approval as magistrates.
Section 51-193t. - Hearing of small claims matters by magistrate.
Section 51-194. - Review division, appointment; meetings; disqualification; secretary.
Section 51-195. - Application for review of sentence.
Section 51-196. - Review of sentence or commitment. Decision.
Section 51-197. - Forms and rules of procedure.
Section 51-197b. (Formerly Sec. 52-7). - Administrative appeals.
Section 51-197c. - Appellate Court; judges, appointment, terms, Chief Judge.
Section 51-197d. - Jurisdiction of appellate session.