Home News Connecticut State House of Representatives debates chief justice nominee
State House of Representatives debates chief justice nominee
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In this Feb. 26, 2018 photo, Connecticut Supreme Court Justice Andrew McDonald, nominee for chief justice, speaks before the state judiciary Committee in Hartford. (Michael McAndrews/Hartford Courant via AP)
HARTFORD – The House backed the nomination of Justice Andrew J. McDonald to lead the state Supreme Court in a preliminary vote.
House members voted 79-69 to reject an unfavorable recommendation from the Judiciary Committee to proceed to a confirmation vote.
Rep. Livvy R. Floren, R-Greenwich, was the only Republican to vote to overturn the Judiciary Committee's report. No Democrats voted against the motion, though the lone Democrat to oppose McDonald in the committee vote was one of three members who missed the vote.
The preliminary vote would suggest the House will advance McDonald's nomination to be chief justice to the evenly divided Senate, where a Democratic senator's recusal has thrown Senate confirmation into doubt.
Without Republican support, McDonald will fall short in the Senate.
The Judiciary Committee split 20-20 on confirming McDonald after roughly 12 hours of contentious questioning of McDonald. Every Republican and Rep. Minnie Gonzalez, D-Hartford, voted against Malloy's choice to be next leader of the state Supreme Court.
Republican opponents of McDonald questioned his experience, his objectivity, his judicial philosophy and practices, his rulings in several high-profile cases, and his close relationship with Malloy.
Democrats argued McDonald was not only fit to, but uniquely qualified because he had served eight years as a state senator and served two years as legal counsel to Malloy before the legislature overwhelmingly voted to confirm his appointment to the Supreme Court in 2013.
"Justice McDonald is not only eminently qualified. He is a ready," said Rep. William Tong, D-Stamford, House chairman of the Judiciary Committee.
Supporters of McDonald and Democrats also have suggested Republicans are opposed to McDonald because they are anti-gay. McDonald is the first openly gay justice in state history, and he would be the first gay chief justice of a U.S. state.
Rep. Rosa C. Rebimbas, R-Naugatuck, the ranking House member of the Judiciary Committee, flatly denied McDonald's sexuality and same-sex marriage influenced Republican opposition.
Whether someone votes against Justice McDonald, whether Republican or Democrat, it is not based on sexual orientation. That is false," Rebimbas. "The truth is the Justice McDonald was voted and elevated to the Connectictu Supreme Court with the support of Democrats and Republicans."
"The truth is we have many Republican representative and even candidates for office that have different types of sexual orientation and are members of the LGBT community," she continued. "We share friends and family members who are members of the LGBTQ community."
She also challenged what she called other false accusations concerning the GOP opposition to his elevation.
Rebimbas rejected allegations that Republicans are politicizing the McDonald nomination because McDonald and Malloy are Democrats, or that Republicans are playing Washington-style politics with the nomination.
She also disputed that rejection of McDonald will damage the Judicial Branch.
Before the initial House vote, Rep. Arthur J. O'Neill, R-Southbury, argued that rejecting the Judiciary Committee's unfavorable recommendation would be unprecedented for any Supreme Court nominee.
"Very rarely, very rarely does the Judiciary Committee not favorably report a judge. In and of itself, this is an exceptional action to have occur within the Judiciary Committee, " he said.
"For this chamber to reject this, I believe is to reject the process it has put in place, and a process that has served this chamber and the state of Connecticut well for many, many years. It would basically say to the Judiciary Committee, 'We don't really care about the decision you made,'" O'Neill continued.
An attorney since 1991, McDonald practiced commercial law with the Stamford-based law firm of Pullman & Comley for most of his legal career. He organized and chaired the firm's appellate practice.
McDonald also served as Stamford's city attorney from 1999 to 2002 while Malloy was the city's mayor, and he managed Malloy's first mayoral campaign.
He served as a state senator from 2003 to 2011. He worked as Malloy's legal counsel for two years until his appointment to the Supreme Court.
Malloy nominated McDonald to replace retiring Chief Justice Chase T. Rogers on Jan. 8
70th House District
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