Kissel Questions Constitutionality of Second Chance Proposal

State Senator John A. Kissel, the Ranking Republican on the Judiciary Committee, questioned Governor Malloy’s Undersecretary of Criminal Justice Mike Lawlor and the Governor’s General Counsel Karen Buffkin over the constitutionality of a proposal that would provide anonymity to defendants aged 18-25 in certain criminal court proceedings.

In the main, the constitution requires trials to be open to public scrutiny.

“I understand the very laudable goals [of this initiative],” said Kissel. “[But] there is in the constitution protections against having secret courts [where] the public may not be able to find out what’s going on in those proceedings.”

“My concern is, I don’t want the ends to justify the means,” Kissel continued. “I’m not sure you have the ability to close the courts to the public or the media.”

The proposed change is part of the Governor’s “Second Chance 2.0” initiative.

Counselor Buffkin and Undersecretary Lawlor both acknowledged that there were still questions that needed to be answered before the statute is written.

The exchange can be viewed on this link on CT-N 45:00-55:00

The legislative session starts February 3rd. Senator Kissel has pledged to scrutinize all aspects of the Governor’s new proposals, and solicit input from law enforcement, prosecutors, his constituents and victims groups.