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The U.S. 2nd Circuit Court of Appeals has demanded answers on accusations that low-income defendants are routinely denied arraignment and appointment of counsel at the state attorney’s office in Bantam Connecticut.
The case arises from the arrest of a man who claims that, while in court, he was denied his right to appear before a judge and enter a plea, and he was not informed that he was entitled to representation by a public defender.
On the recommendation of Magistrate Judge Donna F. Martinez, U.S. District Judge Robert N. Chatigny dismissed the suit against state prosecutors on grounds that they are immunized against such suits as “officers of the court.” The prosecutors were defended by the office of state Attorney General Richard Blumenthal. The Second Circuit upheld the dismissal and also concurred that equitable and injunctive relief was unavailable. However, in its Order, the Court expressed concern about what it called Attorney General Blumenthal's failure to address the suit's claims that low-income defendants are routinely denied the right to proper arraignment in court.
The Attorney General has until Dec. 12 to provide a detailed report on the measures that have been taken to address the questions and concerns regarding the practices of the state attorney's office in Bantam.