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Rep. Fishbein objects to Jesse W. Giddings nomination over prosecutorial disposition in prior case; committee nevertheless reports nomination
Summary
Representative Fishbein said a prosecutor’s decision to place a case on a nolle rather than dismiss it left an unconstitutional arrest unresolved; he announced he would vote against the nomination of Jesse W. Giddings to the Superior Court, while other members said the practice reflected office protocol and the nomination was favorably reported.
Representative Fishbein told the Judiciary Committee on Feb. 26 that he would vote against the nomination of Jesse W. Giddings of North Haven to be a Superior Court judge, citing concerns about the prosecutor’s handling of a specific arrest and subsequent case disposition.
"The case should have been dismissed," Representative Fishbein said during the committee’s discussion. He recounted the facts summarized at a public hearing: a traffic stop, an alleged exit from a vehicle during which drugs were said to have fallen from the occupant’s pants, a vehicle search that produced a firearm, and later review of body-worn camera footage that, according to Fishbein, showed the officer's account was inaccurate. "Attorney Giddings made the determination that that search, the arrest itself was unconstitutional," Fishbein said. "To leave this case hanging over this individual's head ... is not fair. It is a violation of due process, in my opinion. So ... I do intend to vote against Attorney Giddings here today."
Fishbein acknowledged the concern could be controversial within the committee, but he framed his objection as grounded in constitutional duty: "We take an oath to the constitution. And I don't think that that process that was followed in that particular case was appropriate."
Another committee member spoke in support of Giddings on procedural grounds, saying that the use of a nolle (which leaves a case open for a limited period) is often a routine practice tied to office protocol and to municipal liability concerns, and that holding that practice against an individual nominee may be unfair. That speaker urged addressing the underlying policy with the Division of Criminal Justice rather than using it as a basis to oppose a single nominee. The speaker did not request to be quoted by name on the record.
After discussion the committee proceeded to a roll-call vote on the nomination; the committee administrator recorded the votes and the committee placed the nomination on the record to be transmitted to the full chamber.
Ending Representative Fishbein's objection was entered into the record and he said he would vote no; the committee nonetheless favorably reported the nomination. The transcript contains the roll-call entries for the vote.
