Citing poor writing samples, concerns from the public and legal professionals, an outstanding grievance, and an allegation of prosecutorial vindictiveness, the Joint Committee on Judiciary delivered a joint unfavorable report for one of Gov. Ned Lamont’s nominees to the judicial bench.
The debate and vote over Senior Assistant State’s Attorney Devant J. Joiner’s nomination to become a superior court judge ran across political lines, with Rep. Robyn Porter, D-New Haven, giving a “resounding no” vote, alongside conservative Republicans like Rep. Craig Fishbein, R-Wallingford, who raised multiple issues about the judicial nominee during the meeting.
Fishbein raised concerns about the writing samples submitted by Joiner to the committee, noting numerous errors, and concerns about an allegation of prosecutorial vindictiveness in a case that was nolled after the motion was filed, leaving the victims without closure.
Fishbein also noted that there is an outstanding grievance against Joiner, that Rep. Steven Stafstrom, D-Bridgeport, later clarified was originally denied but is on appeal.
“I have faith in the system,” Fishbein said. “I, however, do not have faith in this nominee.”
Porter said that she’d heard concerns about Joiner from numerous people in her community of New Haven, where he worked for the Division of Criminal Justice for 17 years.
“I have spoken to several people: judges, attorneys from both sides of the court, plaintiffs, community members,” Porter said. “The prosecutorial vindictiveness – I’ll say allegations because they have not been substantiated – they have been made on numerous occasions, not just this one time.”
“I really need to put it on the record because there have been several things that have occurred with this nominee that have been quite offensive to me,” Porter said, adding her community has a “huge” problem with Joiner.
The Lamont administration could have withdrawn the judicial nomination when it became obvious there would be a joint unfavorable report by the committee, but did not.
“I stayed quiet because I hoped it wouldn’t come to this,” Porter said. “I think it’s a real slap in the face to me, my community, the people I represent, that this is how it’s going to be handled today.”
Judiciary Committee chairman Sen. Gary Winfield, D-New Haven, struggled with the very nature of the public discussion, saying that there are “no winners” in the hearing. Winfield indicated that normally an individual who will likely receive a negative vote is never brought as a nominee before the committee precisely to avoid this kind of public scrutiny.
“I hate the fact that we’re sitting here right now, because there were conversations that happened, because we don’t have to be sitting here, putting this on display right now,” Winfield said. “We could have made a different choice, but at the point where it was decided, we would still move forward, the committee has to vote. And even if we vote in the negative, this nominee still moves forward with a negative report.”
Ultimately, the committee vote was 10 in favor and 27 against the judicial nominee, resulting in a joint unfavorable motion. Despite the vote, Joiner’s nomination still moves forward to the General Assembly for consideration.
“It makes you question, what exactly it is we’re doing here today,” Winfield said. “All of this is in the public space; all of this is visible. The people who have been speaking have seen us effectively ignore them, the nominee’s name is smeared. Why are we sitting here today? What’s the point? I don’t know.”
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