If the term of office of any judge of the Superior Court expires during the pendency of any proceeding before him, or if any judge of the Superior Court is retired because of a disability, dies or resigns during the pendency of any proceeding before him, any other judge of that court, upon application, shall have power to proceed therewith as if the subject matter had been originally brought before him.
(1949 Rev., S. 7705; 1959, P.A. 28, S. 86; 1967, P.A. 218; P.A. 74-183, S. 26, 291; P.A. 76-436, S. 58, 681.)
History: 1959 act included circuit court judge; 1967 act extended section to include disability retirement, death and resignation; P.A. 74-183 removed judges of circuit court from purview of section, reflecting transfer of circuit court functions to court of common pleas, effective December 31, 1974; P.A. 76-436 removed common pleas court judges from purview of section, reflecting transfer of common pleas court functions to superior court, effective July 1, 1978; Sec. 51-44 transferred to Sec. 51-183f in the 1977 Court Reorganization Supplement.
Annotation to former section 51-44:
Former statute did not apply when judge died during pendency of proceeding. 25 CS 60.
Annotations to present section:
Cited. 22 CA 363. Outlines steps to be taken by successor judge pursuant to section. 29 CA 378. Cited. 34 CA 673; 39 CA 429.
Applies where judge dies after a jury verdict but before case is completed. 46 CS 650.
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