The Three Branches of State Government

Article II of the Constitution states: "The powers of government shall be divided into three district departments, and each of them confided to a separate magistracy, to wit, those which are legislative, to one, those which are executive, to another, and those which are judicial, to another."

Legislative Branch

The legislature—known as the General Assembly—is currently composed of thirty-six members in the Senate, and the House of Representatives is composed of 151 members. Members of both bodies must be twenty-one years of age and are elected to two-year terms. The size of the Senate (or the "Upper Chamber" as it known because of its third floor location in the Capitol) can, according to the Constitution, fluctuate between thirty and fifty members, and the size of the House (or the "Lower Chamber" because of its second floor location) can fluctuate between 125 and 225 members.

The size of the General Assembly may be changed only after a Federal census and during the process of reapportionment.

The General Assembly is organized by the majority party in both the Senate and House. The leadership of each is elected by the members. The Senate is presided over by the lieutenant governor and the House of Representatives by the speaker. The members of both bodies establish rules of operation and the leaders establish committees to which members of both the upper and lower chambers are appointed and to which legislation is assigned.

Legislation submitted to the General Assembly is generally assigned to one or more of the eighteen standing committees. A committee holds a public hearing and then may report the legislation out of committee. Then it must be approved by both chambers and signed by the governor. If the governor fails to sign the legislation within five days when the legislature is in session, or within fifteen days when it has adjourned, the legislation becomes law. Legislation vetoed by the governor may be overridden by a two-thirds vote of the members of each chamber.  The General Assembly employs 269 persons and has a budget of $14.4 million for fiscal year 1984-85.

Separate, but responsible to the General Assembly, are the auditors of Public Accounts. Established in 1702, the auditors must report any unauthorized, illegal, irregular, or unsafe handling of expenditure of state funds to both the governor and the General Assembly.  The auditors have a staff of eighty-eight and a budget of $3.3 million for 1984-85.

Executive Branch

There are six official positions in state government which are filled during quadrenial elections. To vote in state elections, Connecticut residents must be U.S. citizens, at least eighteen years of age, and must satisfy a twenty-one day residency requirement.

The six state positions noted above are:

Governor and Lieutenant Governor are elected together and must be at least thirty years of age. The governor shall, according to the Constitution, have "the supreme executive power of the state," "shall be Captain General of the militia," "shall, from time to time, give to the General Assembly information... and recommend to their consideration such measures as he shall deem expedient," "shall have the power to grant reprieves after conviction, and to name commissions."

The Lieutenant Governor "shall by virtue of his office be president of the Senate" and "shall assume the office of governor in the case of "death, resignation, refusal to serve or removal from office."

Secretary of State is a position originally established by the Fundamental Orders. The secretary was mandated by the Fundamental Orders to be the official keeper of the state's public documents and formal records and of the state seal. Since its inception, the office of the Secretary of State has grown from its custodial duties and now has more than fifty constitutional and statutory mandates.

The secretary is, by virtue of the office, the commissioner of elections and administers all provisions covering state and local elections and some aspects of Federal elections.

While an independent entity, the State Ethics Commission is within the adminis­trative power of the secretary. The Ethics Commission administers the Code of Ethics for lobbyists who seek to influence legislative action, administrative action, or both.  Within the first six months of 1982, 914 lobbyists registered. Additionally designated state officials (350) filed financial disclosure statements with the Ethics Commission.

Treasurer,established by the Constitution of 1818, "shall receive all monies belonging to the state, and disburse the same only as he may be directed by law." The treasurer's duties have been more generally defined by statutes to the point where the treasurer now manages seven investment funds and five pensions funds. One of the most widely known funds is the Yankee Mac Investment Program whereby pension-fund monies are used to lower interest rates for home mortgages. Connecticut also was the first state to buy a "seat" on a major stock exchange, which reduced the cost of buying and selling securities with the investment funds the treasurer's office manages.

Controller,established in 1786, shall according to the Constitution, "preserve the mode of keeping and rendering all public accounts." The controller's office is responsible for preparing financial statements relating to the state's financial condition, paying all wages and salaries, and providing and maintaining necessary telephone and telegraphic services.

Attorney General, established in 1897, has jurisdiction over all non-criminal legal matters in which the state has an interest and as such represents all state officers, boards, and agencies by providing advice and legal opinions, review and approval of legal documents, supervision of claims for workers' compensation, and represents the state in all activities in the courts.

Judicial Branch

The judicial system has undergone major change within the recent past, particularly the last decade. Municipal courts were established in 1961, the circuit court in 1974, the court of common pleas in 1978, and the juvenile court in 1978.

The court system now consists of the Supreme Court, Superior Court and Probate Courts.

The Supreme Court is composed of a chief justice and five associate judges, each of whom is a member of me Superior Court. The high court reviews decisions, when appeals are brought, to determine whether any material errors were committed.

In the 1982 general elections me voters approved a constitutional amendment which created as of October 1, 1983, a new Appeals Court which will hear legal challenges to court decisions. The Appeals Court is composed of five individuals who will hear appeals from the Superior Court, thereby reducing the burden of the Supreme Court.

The Superior Court, as of March 1984 has 168 judges, including the six supreme court justices, who sit in eleven judicial districts and are divided into trial divisions for criminal, civil, and family cases. The Superior Court is the sole trial court and exercises authority over all legal controversies except those handled by the Probate Courts.

There are 130 Probate Courts which operate on a fee basis. The probate judges, who are elected to four-year terms, operate their courts from the fees charged for the services rendered by the court, e.g. wills, adoptions.

Excluding the Probate Courts, the judicial branch of government employs 2,108 individuals and has a budget of $55.8 million for 1984-85.

 

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