Despite Secretary of the State Susan Bysiewicz’s public claim that she is as qualified to hold the office of state attorney general as its current occupant, Richard Blumenthal, she conceded in newly-released sworn testimony that she has rarely set foot in a courthouse and never tried a case there in her life.
Bysiewicz, a Democratic candidate for attorney general, was questioned under oath by the state Republican Party’s lawyer, Eliot Gersten, in a deposition on March 31. It was part of her pending lawsuit seeking a judge’s ruling that she is qualified to serve as attorney general under a state eligibility statute for the office.
She initially tried to block release of the testimony, but gave up that effort Tuesday after opposition from The Courant’s lawyers.
“You’ve actually said you’re every bit as qualified as Dick Blumenthal was [in 1991] when he took this position, based upon your legal experience, correct?” Gersten asked during the March 31 desposition.
“Yes,” she answered.
“And you’re aware, aren’t you, that prior to the time Mr. Blumenthal became attorney general, he actually, in contrast to you, appeared in court, correct?”
“Yes,” she said.
“In fact, he tried a bunch of cases, didn’t he?” Gersten said. “You never tried any cases?”
“No,” Bysiewicz said.
PDF: Transcript of Testimony, Day 1
PDF: Transcript of Testimony, Day 2
PDF: Transcript of Testimony, Day 3
However, Bysiewicz said she still is eligible under a statute statute that requires the attorney general to have accumulated 10 years’ “active practice” of law in Connecticut. “I’m a corporate lawyer, not a litigator,” she said.
She also said she represented herself once in small claims court – “and I did win.”
A transcript of Bysiewicz’s testimony was released to news organizations late Tuesday afternoon by Blumenthal’s office, in response to Freedom of Information Act requests. The deposition continued Monday and Tuesday, for a total of about 10 hours’ testimony over the three days.
Blumenthal’s office received copies because, by law, it represents Bysiewicz’s office — which she is suing as an individual in hopes of being declared eligible for attorney general.
Videos also were taken of the deposition testimony, and Blumenthal’s office is copying them for release to news organizations Wednesday.
Bysiewicz’s lawyer, Wesley Horton, had filed a motion Monday for a “protective order” in Hartford Superior Court to block disclosure of the transcript and video. But Horton withdrew the motion Tuesday, after conceding that lawyers for the Courant were right in their arguments against sealing the testimony from public view.
Bysiewicz has been registered as a lawyer for 24 years, but, before winning her current office 11 years ago, she only has two jobs as a lawyer in Connecticut totaling six years. One was at a law firm, the other in a corporate law department.
And so, to qualify under the state’s eligibility statute, she has filed the lawsuit in hopes that the judge will say her 11 years as secretary of the state count as the practice of law, even though you don’t need to be a lawyer to hold the office. She also wants the 10-year requirement declared unconstitutional.
Bysiewicz showed in testimony that her definition of “active” law practice is looser than Gersten’s.
“Now, let’s assume … you have an individual who graduated Duke law [school]” – as Bysiewicz did – and then [spent] four or five years in private practice, and then went to go to work as a rock and roll singer,” Gersten said. “Is that person engaged in the active practice of law?”
“Sure,” Bysiewicz said.
Gersten followed up. “I have an individual who went to Duke law school, worked for four or five years, joined the Connecticut bar, paid his dues every year as a member of the Connecticut bar and then decided to go teach kindergarten children at the local school around the corner; is that individual engaged in the practice of law once he started the teaching of kindergarten children?”
Bysiewicz asked if the person was “admitted to the Connecticut Bar,” and Gersten said “yes, ma’am.”
“Yes,” Bysiewicz said.
Gersten peppered her with questions about whether she has issued legal opinions, and she said she continually advises constituents and municipal officials about election laws and business registrations–which her office supervises. But she acknowledged that she does not identify herself as a lawyer in the letters, legislative testimony or other documents. She also said that office subordinates have mostly done her legal research and written things she puts her name to.
Bysiewicz testified that David Killian, an aide in her office who serves as her driver, did some of the legal research for Bysiewicz’s written response to Ryan McKeen, the author of an Internet blog who first raised questions about her qualifications for attorney general.
Two lawyers from the politically connected Hartford law firm of Updike, Kelly and Spellacy – Robert Martino and David Makarewicz – have supplied significant legal aid and advice as campaign volunteers, she said. Martino said Tuesday he’d gotten the “green light” from state election and ethics officials for that.
Bysiewicz’s court maneuvers drew a jab from a Democratic opponent for the attorney general’s nomination, George Jepsen. “Today, Susan figured out that she can’t hide public court documents, which most practicing lawyers would know,” he said. “If she is qualified, she should want the public to hear her testimony.”
Tomorrow, 
We 
The engines will be coming out of the 7 Series, though probably not the vaunted 
