This story has been updated.
In a dramatic turn of events, the legislature’s Executive and Legislative Nominations Committee voted on Tuesday to advance Gov. Ned Lamont’s pick to lead Connecticut’s prison oversight initiative to the full legislative body, exactly two weeks after casting an unfavorable vote against the nominee.
Lawmakers had previously submitted an unusual 8-8 vote against Hilary Carpenter, a longtime public defender appointed by Lamont to serve as the correctional ombudsperson earlier this year, over concerns that she was not the most qualified for the position. The legislature considered the tie vote a recommendation that her nomination not pass, a hurdle that appeared difficult to overcome.
But in a committee meeting on Tuesday, many of the Republicans and at least one Democrat who initially voted against Carpenter’s nomination flipped their votes, resulting in a 15-2 tally, a decision that now creates a pathway for the House and Senate to debate the governor’s appointment in the coming weeks.
The Connecticut General Assembly rules allowed for the committee to reconsider Carpenter’s nomination as long as it occurred at the first meeting after the last vote, which fell on Tuesday.
“We all expressed our concerns with this nomination,” said Rep. Dave Yaccarino, R-North Haven, a ranking Republican on the committee who initially voted against Carpenter, at the meeting. “I think we all expected that her vote would move forward for further consideration by the House and the Senate in order to allow her to address our concerns. Unfortunately, the vote in that committee resulted in a tie.”
Sens. Julie Kushner, D-Danbury, and Marilyn Moore, D-Bridgeport, kept their votes the same, voting against the appointment on Tuesday, while Senate President Pro Tem Martin Looney, D-New Haven, once again abstained. Rep. James Sánchez, D-Hartford, changed his vote to the affirmative.
Nearly all of the Republicans who voted no or were absent in the first vote also voted positively this time. Sen. Heather Somers, R-Groton, who previously opposed the nomination, and Sen. John Fonfara, D-Hartford, who did not cast an earlier vote, were absent or did not vote on Tuesday.
Sánchez, the Democrat who changed his vote, did not return an email for comment.
On Wednesday, Carpenter said she is waiting to see how the rest of the process works out but that she is eager to start the job. She also said that she has spent time in the last two weeks meeting with legislators and talking to them about her vision for the role.
“I want people to have trust in me, and I want us all to work together,” said Carpenter, who noted that she brings almost 20 years of experience advocating for incarcerated people as a public defender.
“We all care about the same thing, which is the health, safety and well-being of the incarcerated population, which is a marginalized community,” she said. “They do not have power. They do not have much of a voice, and we are here to advocate for them and give them that. I think we can all work together on that.”
Both the House and Senate must also approve Carpenter’s nomination for her to be confirmed as the correctional ombudsperson, who would have, among a bevy of responsibilities, the ability to independently conduct site visits, communicate with incarcerated people, review agency records and draft a yearly report on confinement conditions in the Department of Correction.
Earlier this month, prison reform advocates relayed their concerns to legislators about Lamont bypassing Connecticut’s prison oversight committee’s recommendation and selecting Carpenter, whom the panel ranked last among the three finalists considered for the position. Civil rights attorney Kenneth J. Krayeske was first, longtime advocate Barbara Fair was second and Carpenter was third.
Following the testimony earlier this month, it appeared that Carpenter had a chance to make it out of the committee on the condition that she make immediate progress in alleviating concerns from the advocacy community about her appointment. But the rare 8-8 vote ended with a decision not to advance the nomination.
Senate Majority Leader Bob Duff, D-Norwalk, voted in support of Carpenter’s nomination both times but with the caveat that he wanted to see immediate progress in her working with advocates. He reiterated on Tuesday that how effectively Carpenter builds relationships with the community will go a long way towards attaining a majority vote in both legislative chambers.
But Fair, who is largely responsible for creating the law establishing the ombudsperson position, is still not pleased with Carpenter, whom she feels should have withdrawn her nomination out of respect for the process.
“It just reinforces to me that she is not the right person for this job,” said Fair during the public hearing portion of a prison oversight committee meeting on Monday.
Carpenter’s nomination will first be considered by the House.