CT · rules
Conn. Practice Book § 2-38
Appeal from Decision of Statewide Grievance Committee or Reviewing Committee Imposing Sanctions or Conditions
(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 If at the conclusion of all proceedings, the decision imposing sanctions or conditions against the respondent is rescinded, the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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