Miller v. Schaffer
Miller v. Schaffer
Opinion of the Court
ORDER
This case was brought to the Superior Court in Hartford County and returned the first Tuesday of November, 1971. By way of relief, the plaintiffs have sought a declaratory judgment determining, inter alia, the validity of a plan for revision of the districts represented in the Connecticut General Assembly as submitted by the board appointed for that purpose pursuant to the provisions of the constitution of Connecticut, article third, § 6, sub
The defendants have appealed to this court from that judgment. The Superior Court judge, pursuant to the provisions of Practice Book § 661 and upon a finding that “the due administration of justice requires him to do so,” terminated the stay of execution otherwise resulting from those appeals. Defendants, pursuant to the provisions of Practice Book § 662, have moved that this court review the order terminating the stay of execution and have also moved that this court act to expedite the hearing of their appeals from the court’s judgment.
This court has considered these motions.
It clearly appears that unless the order terminating the stay of execution is sustained by this court the electors of the state will be deprived of their constitutional right provided by article third, § 8, of the constitution of Connecticut to elect members of the General Assembly at a general election held
It further appears that it is in the public interest that the defendants’ appeals from the judgment of the Superior Court be heard at the earliest possible time. Accordingly, the motions of the defendants for an expedited appeal are granted. Acting pursuant to the provisions of Practice Book § 762, as amended, the provisions of Practice Book § 671 for the printing of the record and the provisions of Practice Book § 723, as amended, requiring the submission of printed briefs and appendices in prescribed form, are suspended and it is ordered that argument be heard upon the submission of typewritten copies of the record, briefs and appendices, subject to later submission in manner and form as prescribed by the rules of this court. It is further ordered that the chief justice is authorized, upon consultation with counsel, the trial court and the clerk of this court, to prescribe a time schedule for the submission of draft findings, counter findings, a finding, the submission of the record, assignments of error, briefs and reply briefs and to assign the appeal for hearing at the earliest practicable date.
In rendering this decision and entering these orders, this court is not unaware of the fact that subsequent to the bringing of this action in the courts of the state of Connecticut and while the action has been proceeding in the state courts some of the parties and some of the attorneys for parties to the action have nevertheless undertaken to induce the United States District Court for the District of
Reference
- Full Case Name
- John H. Miller v. Gloria Schaffer, Secretary of the State of Connecticut
- Status
- Published