Joette Katz Co-Authors Article Entitled "In Criminal Cases, the Connecticut High Court Aims for the Constitutional Ceiling"

Shipman Partner Joette Katz co-authored the article entitled "In Criminal Cases, the Connecticut High Court Aims for the Constitutional Ceiling." This essay, excerpted and linked, first appeared on State Court Report and is shared here with permission.

The Connecticut Supreme Court’s six-factor test for construing the state constitution has frequently resulted in greater criminal procedural protections than under its federal counterpart. 

The Connecticut Supreme Court, like many other state high courts, has long embraced the principal that “the federal constitution sets the floor, not the ceiling, on individual rights.”

“Decisions of the United States Supreme Court defining fundamental rights are persuasive authority to be afforded respectful consideration, but they are to be followed by Connecticut courts only when they provide no less individual protection than is guaranteed by Connecticut law,” the court has explained.

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