Lavery Removes Derby Judge After DWI Case Controversy

Newtown resident and Connecticut’s Chief Court Administrator William Lavery took action this week against a Derby judge whose son’s drunken driving case was transferred to his courtroom. An Associated Press report said Judge Joseph Sylvester was sent home from work Tuesday without any court assignment by Judge Lavery.

“Judge Lavery reassessed his earlier decision and decided it is best not to have him sitting at this time,” said judicial branch spokeswoman Rhonda Stearley-Hebert.

Joseph Sylvester, Jr, 49, of Ansonia, was charged by Bridgeport police on December 11 with driving under the influence and reckless driving. His case was transferred from Bridgeport Superior Court to Derby Superior Court last month, judicial officials said. Judge Joseph Sylvester has been the presiding judge in Derby for several years.

Judge Lavery said he learned about the transfer last week and moved the case back to Bridgeport “where it belongs.”

At 77, Judge Sylvester is beyond the state’s mandatory retirement age but still hears criminal and civil cases. Judicial officials said Sylvester is paid only if he works.

While no laws were apparently broken, Chief State’s Attorney Kevin Kane has launched an administrative probe. He declined to comment Tuesday.

The incident may also lead to a legislative inquiry.

“This clearly isn’t a good omen for the judicial branch and has the potential of being an ugly scandal,” stated Senator Andrew J. McDonald, co-chairman of the legislature’s Judiciary Committee.