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Conn. Practice Book § 2-38

Appeal from Decision of Statewide Grievance Committee or Reviewing Committee Imposing Sanctions or Conditions

activein force · 2015-01-01 – presentact-effective-date

(a) A respondent may appeal to the Superior

Court a decision by the Statewide Grievance

Committee or a reviewing committee imposing

sanctions or conditions against the respondent,

in accordance with Section 2-37 (a). A respondent

may not appeal a decision by a reviewing com -

mittee imposing sanctions or conditions against

the respondent if the respondent has not timely

requested a review of the decision by the Statewide Grievance Committee under Section 2-35

(k). Within thirty days from the issuance, pursuant

to Section 2-36, of the decision of the Statewide

Grievance Committee, the respondent shall: (1)

file the appeal with the clerk of the Superior Court

for the judicial district of Hartford and (2) mail a

copy of the appeal by certified mail, return receipt

requested or with electronic delivery confirmation,

to the Office of the Statewide Bar Counsel as

agent for the Statewide Grievance Committee and

to the Office of the Chief Disciplinary Counsel.

(b) Enforcement of a final decision imposing

sanctions or conditions against the respondent

pursuant to Section 2-35 (i) or Section 2-35 (m),

including the publication of the notice of a reprimand in accordance with Section 2-54, shall be

stayed for thirty days from the issuance to the

parties of such decision. If within that period the

respondent files with the Statewide Grievance

Committee a request for review of the reviewing

committee’s decision, the stay shall remain in

effect for thirty days from the issuance by the

Statewide Grievance Committee of its final decision pursuant to Section 2-36. If the respondent

timely commences an appeal pursuant to subsection (a) of this section, such stay shall remain

in full force and effect until the conclusion of all

proceedings, including all appeals, relating to the

decision imposing sanctions or conditions against

the respondent. If at the conclusion of all proceedings, the decision imposing sanctions or conditions against the respondent is rescinded, the

complaint shall be deemed dismissed as of the

date of the decision imposing sanctions or conditions against the respondent. An application to

terminate the stay may be made to the court and

shall be granted if the court is of the opinion that

the appeal is taken only for delay or that the due

administration of justice requires that the stay

be terminated.

(c) Within thirty days after the service of the

appeal, or within such further time as may be

allowed by the court, the statewide bar counsel

shall transmit to the reviewing court a certified

copy of the entire record of the proceeding

appealed from, which shall include the grievance

panel’s record in the case, as defined in Section

2-32 (i), and a copy of the Statewide Grievance

Committee’s record or the reviewing committee’s

record in the case, which shall include a transcript

of any testimony heard by it or by a reviewing

committee which is required by rule to be on the

record, any decision by the reviewing committee

in the case, any requests filed pursuant to Section

2-35 (k) of this section, and a copy of the Statewide Grievance Committee’s decision on the

request for review. By stipulation of all parties

to such appeal proceedings, the record may be

shortened. The court may require or permit subsequent corrections or additions to the record.

(d) The appeal shall be conducted by the court

without a jury and shall be confined to the record.

If alleged irregularities in procedure before the

Statewide Grievance Committee or reviewing

committee are not shown in the record, proof limited thereto may be taken in the court. The court,

upon request, shall hear oral argument.

(e) The respondent shall file a brief within thirty

days after the filing of the record by the statewide

bar counsel. The disciplinary counsel shall file his

or her brief within thirty days of the filing of the

respondent’s brief. Unless permission is given by

the court for good cause shown, briefs shall not

exceed thirty-five pages.

(f) Upon appeal, the court shall not substitute

its judgment for that of the Statewide Grievance

Committee or reviewing committee as to the

weight of the evidence on questions of fact. The

court shall affirm the decision of the committee

unless the court finds that substantial rights of the

respondent have been prejudiced because the

committee’s findings, inferences, conclusions, or

decisions are: (1) in violation of constitutional provisions, rules of practice or statutory provisions;

(2) in excess of the authority of the 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. If the court

finds such prejudice, it shall sustain the appeal

and, if appropriate, rescind the action of the Statewide Grievance Committee or take such other

action as may be necessary. For purposes of further appeal, the action taken by the Superior Court

hereunder is a final judgment.

(g) In all appeals taken under this section, costs

may be taxed in favor of the Statewide Grievance

Committee in the same manner, and to the same

extent, that costs are allowed in judgments ren -

dered by the Superior Court. No costs shall be

taxed against the Statewide Grievance Committee, except that the court may, in its discretion,

award to the respondent reasonable fees and

expenses if the court determines that the action

of the committee was undertaken without any

substantial justification. ‘‘Reasonable fees and

expenses’’ means any expenses not in excess

of $7500 which the court finds were reasonably

incurred in opposing the committee’s action,

including court costs, expenses incurred in administrative proceedings, attorney’s fees, witness

fees of all necessary witnesses, and such other

expenses as were reasonably incurred.

History

(Amended June 30, 2008, to take effect Jan. 1, 2009.) (P.B. 1978-1997, Sec. 27N.) (Amended June 29, 1998, to take effect Sept. 1, 1999; amended June 28, 1999, to take effect Jan. 1, 2000; amended June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003; amended June 30, 2003, to take effect Oct. 1, 2003; Sept. 30, 2003, effective date of two prior amendments changed to Jan. 1, 2004; amended June 29, 2007, to take effect Jan. 1, 2008; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 14, 2013, to take effect Jan. 1, 2014; amended June 13, 2014, to take effect Jan. 1, 2015.)

Provenance

Source
jud.ct.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
b375d541002c3095e9db09a9ce0ff1d24ea01bd950dde5a6b1f5791fac60c7ff
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