26 Conn. App. 414 | Conn. App. Ct. | 1992
The respondent mother appeals from the judgment terminating her parental rights to her
The respondent raises two claims on appeal. First, she contends that the trial court engaged in improper ex parte contact with the assistant attorney general representing the petitioner. Second, she argues that the trial court should have found that Shana’s foster parents and the department of children and youth services (DCYS) prevented her from maintaining a meaningful relationship with Shana. We affirm the judgment of the trial court.
The respondent’s first claim concerns an alleged ex parte contact with the petitioner’s counsel by the trial judge. The respondent argues that the delivery of a copy of an English House of Lords decision
The petitioner argues that we should not review this claim because it was not raised at trial, but rather was brought up for the first time in the respondent’s brief. Despite the merit of this argument, we elect to review the claim under the plain error doctrine because it implicates the ethical conduct of the trial court and reflects on the entire process of justice. Practice Book § 4185; In re Jonathan P., 23 Conn. App. 207, 211, 579 A.2d 587 (1990). It is firmly established that “any ex parte communication concerning a pending proceeding between a lawyer and a judge is prohibited by both the rules of professional conduct and the code of judicial conduct. Connecticut Rules of Professional Conduct, Rule 3.5; Connecticut Code of Judicial Conduct, Cannon 3.A. (4).” State v. John, 210 Conn. 652, 672, 557 A.2d 93, cert. denied, 493 U.S. 824, 110 S. Ct. 84, 107 L. Ed. 2d 50 (1989).
To find bias and misconduct on the part of the trial judge in the present case, however, requires a stretch of our legal imagination beyond the elasticity contained therein. Our examination of the record discloses a hard working trial judge who commendably wanted to share the fruits of his research with the attorneys before him. Although it would have been a better procedure for the trial judge to have delivered copies of the English decision to all counsel simultaneously, this slight departure from preferred procedure does not, in this case, warrant the drastic remedy of reversal.
The respondent’s second claim is that the trial court improperly failed to find that unreasonable conduct by DCYS and Shana’s foster parents prevented her from maintaining a meaningful relationship with Shana. The
The judgment is affirmed.
In this opinion the other judges concurred.
The trial court terminated the parental rights of Carl M. on the ground that he had abandoned Shana. General Statutes (Rev. to 1987) § 17-43a (b) (1). Carl M. has not appealed. In this opinion, the term respondent refers to Patricia M. only.
In re K.D., 1 App. Cas. 806 (H.L. 1988).
The remarks of the trial judge were as follows: “I should just state, for the record, Attorney Bakul'ski knows this, as of this morning, and the other two attorneys do not. For what it’s worth, I was in the state library on a—last week, doing some research on a number of cases, and I found a—an English case from 1988, it’s quite a recent case, by the House of Lords, which is the English equivalent of our Supreme Court, that touched on a lot of concerns raised in the trial. Not that it’s, by any means, on all fours, and not that it’s not distinguishable, and not that our system’s laws are not somewhat different from the English . . . [and] not that I thought counsel should be aware of it. Attorney Bakulski, I gave a copy this morning, if I could, Mrs. Lamb, I just made copies for all counsel, knowing that sometimes your English law libraries tend to get a little bit out of date when you’re in private practice. And you can read them, that’s nothing I expect you to be prepared on today, by any means, but, you might want to read it, at your convenience.”
The actual text of Robert Bums’ verse from To a, Louse is:
“O, wad some power the giftie gie us
To see oursels as ithers see us!
It wad frae many a blunder free us
And foolish notion.”