Could Connecticut’s consumer counsel stay in office after his term ended while the governor had not named a successor?

Plain-English summary

In May 1996, Connecticut’s AG advised John Merchant that his term as Consumer Counsel had ended on May 20. The statute specific to that office controlled its term. The AG rejected continued service under the general officer-term provision merely because the governor had not yet selected a replacement. The letter said the governor could appoint a successor under the vacancy statute.

Consumer Counsel and appointment staff at the time

The opinion treated the office-specific end date as decisive even with no successor in place. It identified the governor’s appointment authority for the resulting vacancy.

Currency note

This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the Consumer Counsel keep serving until the governor appointed someone else?
A: No. The AG said his term had expired under the statute specific to that office.

Q: Which rule controlled the end of the term?
A: The AG applied Conn. Gen. Stat. § 16-2a(c), rather than the general provision the officeholder had invoked.

Q: Could the governor appoint a new counsel after the term expired?
A: Yes. The opinion cited the vacancy appointment provision for a successor.

Background and statutory framework

The AG compared the office-specific term in § 16-2a(c) with a general state-officer provision and concluded the former controlled. The brief letter did not address broader duties of the office or the validity of any particular official act.

Citations and references

Statutes: Conn. Gen. Stat. § 16-2a(c); Conn. Gen. Stat. § 4-19.

Source

• Landing page: https://portal.ct.gov/AG/Opinions
• Opinion page: https://portal.ct.gov/ag/opinions/1996-formal-opinions/john-f-merchant-esq-1996007-formal-opinion-attorney-general-of-connecticut

Original opinion text

John F. Merchant, Esq., 1996-007 Formal Opinion, Attorney General of Connecticut

Attorney General's Opinion

Attorney General Richard Blumenthal

May 24 1996

John F. Merchant, Esq.

490 Riders Lane

Fairfield, CT 06430

Dear Mr. Merchant:

I have reviewed the relevant statutes applicable to your appointment as Consumer Counsel and the term of your office. It is my opinion that your term of office is controlled by Conn. Gen. Stat. § 16-2a(c), not the general provisions of Section 4-1. Consequently, your term expired on May 20, 1996, even though the Governor has not yet appointed a replacement for you. Since you no longer hold the position of Consumer Counsel the Governor may in due course appoint a successor to you pursuant to Conn. Gen. Stat. § 4-19.

I thank you for your cooperation in this matter.

Very truly yours,

RICHARD BLUMENTHAL

ATTORNEY GENERAL