Conn. Practice Book § 2-35

(a) Upon receipt of the record from a griev -

ance panel, the Statewide Grievance Committee

may assign the case to a reviewing committee

which shall consist of at least three members of the

Statewide Grievance Committee, at least one

third of whom are not attorneys. The Statewide

Grievance Committee may, in its discretion, reassign the case to a different reviewing committee.

The committee shall regularly rotate membership

on reviewing committees and assignments of

complaints from the various grievance panels. An

attorney who maintains an office for the practice

of law in the same judicial district as the respon -

dent may not sit on the reviewing committee for

that case.

(b) The Statewide Grievance Committee and

the reviewing committee shall have the power to

issue a subpoena to compel any person to appear

before it to testify in relation to any matter deemed

by the Statewide Grievance Committee or the

reviewing committee to be relevant to the com -

plaint and to produce before it for examination

any books or papers which, in its judgment, may

be relevant to such complaint. Any such testimony

shall be on the record.

(c) If the grievance panel determined that probable cause exists that the respondent is guilty of

misconduct, the Statewide Grievance Committee

or the reviewing committee shall hold a hearing

on the complaint. If the grievance panel deter -

mined that probable cause does not exist, but filed

the matter with the Statewide Grievance Committee because the complaint alleges that a crime

has been committed, the Statewide Grievance

Committee or the reviewing committee shall

review the determination of no probable cause,

take evidence if it deems it appropriate and, if it

determines that probable cause does exist, shall

take the following action: (1) if the Statewide

Grievance Committee reviewed the grievance

panel’s determination, it shall hold a hearing concerning the complaint or assign the matter to a

reviewing committee to hold the hearing; or (2) if

a reviewing committee reviewed the grievance

panel’s determination, it shall hold a hearing

concerning the complaint or refer the matter to

the Statewide Grievance Committee which shall

assign it to another reviewing committee to hold

the hearing.

(d) Disciplinary counsel may add additional allegations of misconduct to the grievance panel’s

determination that probable cause exists in the

following circumstances:

(1) Prior to the hearing before the Statewide

Grievance Committee or the reviewing committee, disciplinary counsel may add additional allegations of misconduct arising from the record of

the grievance complaint or its investigation of

the complaint.

(2) Following commencement of the hearing

before the Statewide Grievance Committee or the

reviewing committee, disciplinary counsel may

only add additional allegations of misconduct for

good cause shown and with the consent of the

respondent and the Statewide Grievance Committee or the reviewing committee. Additional allegations of misconduct may not be added after the

hearing has concluded.

(e) If disciplinary counsel determines that additional allegations of misconduct exist, it shall issue

a written notice to the respondent and the State -

wide Grievance Committee, which shall include,

but not be limited to, the following: (1) a description

of the factual allegation or allegations that were

considered in rendering the determination; and

(2) for each such factual allegation, an identification of the specific provision or provisions of the

applicable rules governing attorney conduct considered in rendering the determination.

(f) The respondent shall be entitled to a period

of not less than thirty days before being required

to appear at a hearing to defend against any additional charges of misconduct filed by the disciplinary counsel.

(g) At least two of the same members of a

reviewing committee shall be present at all hear -

ings held by the reviewing committee. If a member

of the reviewing committee is absent for the hearing, the member’s participation in the determination of the matter shall be waived unless the

disciplinary counsel or the respondent object at

the commencement of the hearing. If an objection

is raised, then the absent member of the reviewing

committee shall obtain and review the transcript

of each such hearing and shall participate in the

committee’s determination. All hearings following

a determination of probable cause shall be public

and on the record.

(h) The complainant and respondent shall be

entitled to be present at all hearings and other

proceedings on the complaint at which testimony

is given and to have counsel present. At all hearings, the respondent shall have the right to be

heard in the respondent’s own defense and by

witnesses and counsel. The disciplinary counsel

shall pursue the matter before the Statewide

Grievance Committee or reviewing committee.

The disciplinary counsel and the respondent

shall be entitled to examine or cross-examine witnesses. At the conclusion of the evidentiary phase

of a hearing, the complainant, the disciplinary

counsel and the respondent shall have the opportunity to make a statement, either individually or

through counsel. The Statewide Grievance Committee or reviewing committee may request oral

argument.

(i) Within ninety days of the date the grievance

panel filed its determination with the Statewide

Grievance Committee pursuant to Section 2-32

(i), the reviewing committee shall render a final

written decision dismissing the complaint, imposing sanctions and conditions as authorized by

Section 2-37 or directing the disciplinary counsel

to file a presentment against the respondent in

the Superior Court and file it with the Statewide

Grievance Committee. In a decision of the

reviewing committee directing the disciplinary

counsel to file a presentment against the respondent, the reviewing committee may direct that the

presentment include additional findings of misconduct beyond those set forth in the probable

cause finding and the additional allegations of

misconduct if the findings are supported by the

record. Where there is a final decision dismissing

the complaint, the reviewing committee may give

notice in a written summary order to be followed

by a full written decision. The reviewing commit -

tee’s record in the case shall consist of a copy of

all evidence it received or considered, includ -

ing a transcript of any testimony heard by it, and

its decision. The record shall also be sent to the

Statewide Grievance Committee. The reviewing

committee shall forward a copy of the final decision to the complainant, the disciplinary counsel,

the respondent, and the grievance panel to which

the complaint was forwarded. The decision shall

be a matter of public record if there was a determination by a grievance panel, a reviewing committee or the Statewide Grievance Committee that

there was probable cause that the respondent

was guilty of misconduct. The reviewing committee may file a motion for extension of time not to

exceed thirty days with the Statewide Grievance

Committee which shall grant the motion only upon

a showing of good cause. If the reviewing com -

mittee does not complete its action on a com -

plaint within the time provided in this section, the

Statewide Grievance Committee shall, on motion

of the complainant or the respondent or on its

own motion, inquire into the delay and determine

the appropriate course of action. Enforcement of

the final decision, including the publication of the

notice of a reprimand pursuant to Section 2-54,

shall be stayed for thirty days from the date of

the issuance to the parties of the final decision. In

the event the respondent timely submits to the

Statewide Grievance Committee a request for

review of the final decision of the reviewing committee, such stay shall remain in full force and

effect pursuant to Section 2-38 (b).

(j) If the reviewing committee finds probable

cause to believe the respondent has violated the

criminal law of this state, it shall report its findings

to the chief state’s attorney.

(k) Within thirty days of the issuance to the

parties of the final decision by the reviewing committee, the respondent may submit to the Statewide Grievance Committee a request for review

of the decision. No request for review may be

submitted following a decision approving a pro -

posed disposition filed pursuant to Section 2-82

(b) or (g). Any request for review submitted under

this section must specify the basis for the request

including, but not limited to, a claim or claims that

the reviewing committee’s findings, inferences,

conclusions or decision is or are: (1) in violation

of constitutional provisions, rules of practice or

statutory provisions; (2) in excess of the authority

of the reviewing committee; (3) made upon unlawful procedure; (4) affected by other error of law; (5)

clearly erroneous in view of the reliable, probative,

and substantial evidence on the whole record;

or (6) arbitrary or capricious or characterized by

abuse of discretion or clearly unwarranted exercise of discretion and the specific basis for such

claim or claims. For grievance complaints filed on

or after January 1, 2004, the respondent shall

serve a copy of the request for review on disciplinary counsel in accordance with Sections 10-12

through 10-17. Within fourteen days of the

respondent’s submission of a request for review,

disciplinary counsel may file a response. Disciplinary counsel shall serve a copy of the response

on the respondent in accordance with Sections

10-12 through 10-17. No reply to the response

shall be allowed.

(l) If, after its review of a complaint pursuant to

this section that was forwarded to the Statewide

Grievance Committee pursuant to Section 2-32

(i) (2), a reviewing committee agrees with a grievance panel’s determination that probable cause

does not exist that the attorney is guilty of misconduct and there has been no finding of probable

cause by the Statewide Grievance Committee or

a reviewing committee, the reviewing committee

shall have the authority to dismiss the complaint

within the time period set forth in subsection (e)

of this section without review by the Statewide

Grievance Committee. The reviewing committee

shall file its decision dismissing the complaint with

the Statewide Grievance Committee along with

the record of the matter and shall send a copy of

the decision to the complainant, the respondent,

and the grievance panel to which the complaint

was assigned.

(m) If the Statewide Grievance Committee does

not assign a complaint to a reviewing committee,

it shall have 120 days from the date the panel’s

determination was filed with it to render a decision

dismissing the complaint, imposing sanctions and

conditions as authorized by Section 2-37 or directing the disciplinary counsel to file a presentment

against the respondent. In a decision of the Statewide Grievance Committee directing the disciplinary counsel to file a presentment against the

respondent, the Statewide Grievance Committee

may direct that the presentment include additional

findings of misconduct beyond those set forth in

the probable cause finding and the additional allegations of misconduct if the findings are supported

by the record. The decision shall be a matter of

public record. The failure of a reviewing committee

to complete its action on a complaint within the

period of time provided in this section shall not

be cause for dismissal of the complaint. If the

Statewide Grievance Committee finds probable

cause to believe that the respondent has violated

the criminal law of this state, it shall report its

findings to the chief state’s attorney.