Republican gubernatorial candidate and former Trumbull First Selectman Tim Herbst applauded GOP legislators in Hartford Tuesday for forcing a tie-vote on whether to recommend Gov. Dannel Malloy's nominee, Justice Andrew McDonald for Chief Justice of the Connecticut Supreme Court to the full General Assembly. The tie vote means the Judiciary Committee will offer a negative recommendation on the nomination. "I applaud Republican lawmakers for standing up to Gov. Malloy's judicial activism and for showing Connecticut voters our party stands for the rule of law," Herbst said. "Justice McDonald, as a former state senator and political advisor to Dan Malloy, demonstrated a partisan streak that continued as Gov. Malloy's Chief Legal Counsel for two years." McDonald had no judicial experience when he was nominated to the Supreme Court . Herbst said he has "a troubling record of putting politics above the law." "As chairman of the Judiciary Committee in 2009, McDonald attempted to strip Catholic parishes of their right to self-governance," Herbst said. "Legal experts at the time, including then-Attorney General Blumenthal, declared the bill unconstitutional." McDonald also sided with the majority in the State v. Santiago case, which declared that capital punishment was unconstitutional, a decision Herbst said disregarded "the intent of the legislature and the people of Connecticut by allowing the perpetrators of the gruesome Cheshire home invasion to escape the death penalty."