State ex rel. McMahon v. Jacobs
State ex rel. McMahon v. Jacobs
Opinion of the Court
This action is brought to determine the titles to the offices of judge and associate judge of the Municipal Court of the city of Meriden. The ease has been reserved for our advice upon questions presenting substantially the same issues as those discussed in our opinion in State ex rel. Barlow v. Kaminsky, decided this day.
The Municipal Court of Meriden, having both civil and criminal jurisdiction, was established by a. special law enacted by the General Assembly in 1951. 26 Spec. Laws 644, Art. 15. The act was to take effect upon its approval at a special city election to be held not later than June 30, 1951. Id., 600, § 9. If a majority of the votes cast at the election favored the approval of the act, as happened, it was to take effect and be in force from January 1, 1952. Ibid. The act provided that “[t]here shall be a municipal court for the city of Meriden” and that “[t]here shall be a judge and an associate judge ... who shall, upon nomination by the governor, be appointed by the general assembly for such term and in such manner as shall be by law prescribed.” 26 Spec. Laws 644 § 226, 645 § 233. The facts stipulated by the parties indicate that the offices of judge and associate judge of the Municipal Court of Meriden either did not exist prior to July 1, 1953, or, if they did exist prior to that date, had not been filled. A judge and an associate judge of the court were appointed by the General Assembly at its 1953 session for a term of two years from July 1,1953, upon nomination by the governor. Id., 1356, 1361.
On April 28, 1955, during the 1955 session of the General Assembly, the governor nominated the plaintiff Paul W. McMahon to be judge and the plaintiff
The questions upon which our advice is desired are: “1. Are Paul W. McMahon and Selig Schwartz the de jure Judge and Associate Judge respectively of the Municipal Court of the City of Meriden? 2. Are William A. Jacobs and Francis J. O’Brien the de jure Judge and Associate Judge respectively of the Municipal Court of the City of Meriden?” Our answer to each question is “No.”
No costs will be taxed in this court to any party. In this opinion the other judges concurred.
Reference
- Full Case Name
- State ex rel. Paul W. McMahon v. William A. Jacobs
- Status
- Published