Gov. Ned Lamont’s pick to lead Connecticut’s prison oversight effort failed to secure a favorable vote out of the legislature’s Executive and Legislative Nominations Committee on Tuesday, effectively putting the nomination in jeopardy until lawmakers and the governor decide how to proceed.

Earlier in the day, it appeared that Hilary Carpenter, a veteran public defender who Lamont recently appointed to be the state’s correctional ombudsperson, had a chance to make it out of the committee on the condition that she make immediate progress in alleviating concerns from the prison advocacy community about her appointment.

But an unusual 8-8 vote finalized Tuesday afternoon ended with a decision not to push Carpenter’s nomination forward. Three lawmakers were absent and/or did not vote, while one legislator, Senate President Pro Tem Martin Looney, D-New Haven, abstained.

“Right now, the nomination doesn’t look like it will move forward,” Senate Majority Leader Bob Duff, a co-chair of the committee, said in an interview, adding that conversations about how the legislature will proceed have yet to occur. The law governing the position does not outline steps for when lawmakers vote unfavorably on a nominee, effectively leaving the process in limbo.

Lamont’s office did not immediately respond to a request for comment. In an interview, Carpenter said she was disappointed that people in prison may have to wait longer for clarity on who will serve in the long-anticipated independent oversight role.

“I don’t know how long they’re going to have to wait before they fill the position, but it’s unfortunate that it won’t be filled soon,” Carpenter said.

If approved by the full legislature, Carpenter would have, among a bevy of responsibilities, the power 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.

But during the public hearing portion of the meeting, advocates relayed their concerns to legislators about Lamont bypassing Connecticut’s prison oversight committee’s recommendation to select Carpenter, whom the panel ranked last among the three finalists considered for the position.

[Lamont appoints Hilary Carpenter to DOC ombudsperson role]

“I don’t feel it’s fair given the advocacy of all the other individuals that have been nominated,” testified Cody Richard, a member of the public who was formerly incarcerated, echoing the sentiments of the handful of people who spoke, including Barbara Fair, one of the finalists.

After the rare showing of displeasure, lawmakers informed Carpenter that they wanted to see immediate progress in easing the concerns of the community, suggesting that her success in doing so would determine whether the full legislative body would approve her appointment.

“I think that hearing how those conversations go, how those fears have been allayed, how those relationships are being built will go a long ways towards bringing a majority in the House and the Senate,” said Duff, D-Norwalk.

“I felt uncomfortable throughout this entire process and will continue to do so until more conversations are had with, especially, the individuals in this room who are more experienced in this than I am,” added Rep. Julio Concepcion, D-Hartford, the House chair of the committee.

Both chairs voted in favor of her nomination, but with those caveats.

Carpenter said during her testimony and in a subsequent conversation with The Connecticut Mirror that listening to the thoughts and concerns of the public was a top priority of hers, adding that “what they say will help guide me and what I do.”

After the hearing, she spoke at length with advocates in the hallway of the Legislative Office Building, collecting their phone numbers and reassuring them that she was there to work with them and advocate for the rights of people in prison.

“They are dedicated and passionate about this,” Carpenter told lawmakers about the advocates. “So I look forward to working with them from the get-go in this position.”

Public opposition to Carpenter’s appointment was expected given the dissatisfaction of advocates and legislators over Lamont’s decision to appoint the former death penalty adversary last month, but Tuesday’s tense affair was rare for a committee that doesn’t often hear adversarial testimony from the public.

Lamont’s choice to select Carpenter, who has worked for nearly two decades in the Division of Public Defender Services, went against the guidance of the Correction Advisory Committee, which interviewed and selected finalists for the role.

After months of delays and setbacks, the committee recommended the appointment of civil rights attorney Kenneth J. Krayeske. From the three contenders, which included Fair, a longtime prison reform advocate, the group ranked Carpenter last.

Carpenter’s testimony on Tuesday was her first time speaking in front of the members of the legislature since her appointment.

In her opening remarks, she talked about her experience advocating for incarcerated and indigent clients and fostering relationships with correctional staff “to address my clients’ needs effectively and establish positive connections for future cases and clients.”

Her previous experience as president of the Connecticut Network to Abolish the Death Penalty, she said, provided her with an understanding of state politics and enabled her to collaborate with diverse stakeholders.

She said her work approach emphasizes empowering people to advocate for themselves, facilitating their access to resources and intervening directly as needed.

“My lifetime commitment to advocating for marginalized communities equips me to contribute meaningfully to Connecticut’s criminal justice reform efforts,” Carpenter said. “I am humbled by this nomination to this pivotal role, and I’m eager to begin this important work.”

But her optimism wasn’t shared by advocates like Fair, whom the governor did not appoint despite her years of advocacy work, including the creation of the legislation that reestablished the ombudsperson role after it was previously defunded.

“I don’t even know why I’ve been sitting here testifying for this position as opposed to being appointed to it,” Fair said during the public hearing, in front of a room of people vocalizing their backing of her, such as “We want you, Barbara,” and their dissatisfaction with Carpenter.

Fair also relayed disappointment with Carpenter having not yet reached out to her, despite saying she planned to prioritize outreach.

“Nothing personal against Ms. Hilary, but those people incarcerated, to me, are the most marginalized, unheard, unseen people in Connecticut,” said Fair, whom Carpenter spoke with after the hearing. “I haven’t heard of Ms. Carpenter in all these decades of doing this work, come in and step in, and working with me, and stand with me.”

Rep. Dave Yaccarino, R-North Haven, a ranking Republican on the committee, was one of the legislators who voted against advancing Carpenter’s nomination, saying he did so as a “red flag.”

“I have concerns for all of the reasons we’ve heard from the public, and I was a little concerned about not having enough staff and not hearing enough input from our inmates,” said Yaccarino, referencing points made by Carpenter about needing adequate resources to successfully launch the office. “I would like to have a bipartisan effort to move this forward eventually. But I need to have more information. I apologize. I just feel strongly about this.”

Rep. Anabel Figueroa, D-Stamford, also said she needed more information before supporting Carpenter’s appointment.

“I think we, as elected officials, do have a duty to our constituents, to our taxpayers,” Figueroa said. “I think I have to side with them and say no to this position for now.”

Jaden Edison is a reporter for The Connecticut Mirror (https://ctmirror.org/ ). Copyright 2024 © The Connecticut Mirror.