by Ryan McKeen
When the trial court handed down it’s opinion ruling in favor of Bysiewicz a commenter wrote “I know where not to look for analysis of CT law – this website”. Ouch.
On Friday, the Connecticut Supreme Court handed down its opinion in Bysiewicz v. DiNardo. Please excuse me while I boast a little. Despite being the person to initially raise the question of her eligibility I wasn’t worthy of so much of footnote from either the trial court or the Supreme Court.
The best I can do is to give myself credit on my own blog!
Justice Norcott writes:
“We conclude, therefore, … the phrase ‘attorney at law of at least ten years’ active practice at the bar of this state’ means an attorney with at least some experience litigating cases in court”.
A link to the decision can be found at CT News Junkie.
In my April 3rd post “Why Connecticut’s Attorney General Must Have Ten Years Litigation Experience”:
Much of the debate in recent months has focused on the words “active practice,” but that may miss the point or at least part of the point.
Perhaps the more critical words are “at the bar of this state.”
If all the legislature wanted was for the Attorney General to maintain a law license for 10 years, there would have been no need for them to add the phrase “at the bar.” Those words mean the legislature wanted something more. The most logical reading is that the legislature wanted someone who appears in court — which makes sense. The Attorney General is a litigator.
When I wrote that I had a number of lawyers tell me I was nuts. My argument to them was to read the statute.
As Gideon and others point out: Justice Palmer and Justice Bishop doesn’t agree with me or the majority that the statute requires the AG to have litigation experience.
Though I’ll point out that the first reason cited by the concurring opinion as to why Bysiewicz was unqualified was that she lacked clients. Here’s my February 2nd post on the subject “You Need Clients To Actively Practice Law”.
If you’re looking for me, I’ll be “at the bar” and I won’t let the concurring opinion dampen my spirits.