Trust the People

Several weeks ago, Secretary of the State Susan Bysiewicz declared that the question of whether she meets the qualifications the law imposes on an attorney general had been answered in her favor by Attorney General Richard Blumenthal’s opinion on the issue, requested by Bysiewicz. Democratic activists weren’t convinced that Blumenthal’s opinion, stating that the law requiring 10 years of “active practice” at the bar was constitutional but punting on what that term means, cleared the way for a Bysiewicz run.

On February 18th, Bysiewicz announced that Attorney Wesley Horton would represent her in an action for a declaratory judgment seeking to have Bysiewicz declared eligible or, failing that, striking down the statute as unconstitutional. Team Bysiewicz bangs on about getting this done by the Democratic state nominating convention May 21st and 22nd. She’s demanding that the court move her to the front of a very long line of litigants, some of whom have waited years for a trial.

There is something anti-democratic about Bysiewicz shoving her way to the front of the long trial dockets when she’s had her eye on the attorney general’s office for many years. This century old statute only became important when it impeded her.

I’ve made some inquiries to learn how this action will unfurl. There ought to be some role for the people in this proceeding. The smartest person I know, Hartford lawyer Steven Seligman, points out that there is a role for 6 people, good and true.

Section 17-56 (a) (6) of the Rules of Practice, Procedure for Declaratory Judgment, wisely states: “Issues of fact necessary to the determination of the cause may be submitted to the jury as in other actions.” Invoking this safeguard strikes me as essential. It is the absolute right of any party to a declaratory judgment to have a jury hear and determine certain essential aspects of this action.

Bysiewicz, who aspires to being “the people’s lawyer” may be reluctant to let any of them in on her frantic bid for a declaratory judgment. The Republicans, however, ought to be eager to have some of the people play a role in this case.

A jury of her peers, yes, that’s the ticket.