Conn. Practice Book § 2-40

(a) The term ‘‘serious crime,’’ as used herein,

shall mean any felony, any larceny, any crime

where the attorney was or will be sentenced to a

term of incarceration, or any other crime that

reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other

respects, or any crime, a necessary element of

which, as determined by the statutory or common-law definition of the crime, involves interference

with the administration of justice, false swearing,

misrepresentation, fraud, deceit, bribery, extor -

tion, misappropriation, theft, wilful failure to file

tax returns, violations involving criminal drug

offenses, or any attempt, conspiracy or solicitation

of another to commit a ‘‘serious crime.’’

(b) The terms ‘‘found guilty’’ and ‘‘finding of

guilt,’’ as used herein, refer to the disposition of

any charge of a serious crime as herein defined

resulting from either a plea of guilty or nolo contendere, or from a verdict after trial, and regardless

of the pendency of any appeal.

(c) The clerk of the Superior Court in which an

attorney is found guilty of any crime shall transmit

a certified copy of the finding of guilt, docket sheet,

or other proof of the finding of guilt to the disciplinary counsel and to the Statewide Grievance Committee.

(d) Notwithstanding any obligation imposed

upon the clerk by subsection (c) of this section,

any attorney found guilty of any crime shall send

written notice of the finding of guilt to the disciplinary counsel and the Statewide Grievance Com -

mittee, by certified mail, return receipt requested,

or with electronic delivery confirmation, within ten

days of the date of the finding of guilt. The written

notice shall include the name and address of the

court where the finding of guilt was made, the date

of the finding of guilt, and the specific section of

the applicable criminal, penal, or statutory code

upon which the finding of guilt was predicated. An

attorney’s failure to send timely written notice of

his or her finding of guilt required by this section

shall constitute misconduct.

(e) Upon receipt of proof of the finding of guilt,

the disciplinary counsel shall determine whether

the crime for which the attorney was found guilty

is a serious crime, as defined herein. If so, disciplinary counsel shall, pursuant to Section 2-47,

file a presentment against the attorney predicated

upon the finding of guilt. A certified copy of the

finding of guilt shall be conclusive evidence of

the commission of that crime in any disciplinary

proceeding based upon the finding of guilt. No

entry fee shall be required for proceedings

hereunder.

(f) A presentment filed pursuant to this section

shall be heard, where practical, by the judge who

presided at the proceeding in which the attorney

was found guilty. A hearing on the presentment

complaint shall address the issue of the nature

and extent of the final discipline to be imposed

and shall be held within sixty days of the filing of

the presentment.

(g) Immediately upon receipt of proof of the

finding of guilt of an attorney of a serious crime,

as defined herein, the disciplinary counsel may

also apply to the court for an order of interim

suspension. If the attorney was or will be sentenced to a term of incarceration, disciplinary

counsel shall seek a suspension during the term

of incarceration. The court may, in its discretion,

enter an order immediately placing the attorney

on interim suspension pending final disposition

of a presentment filed pursuant to this section.

Thereafter, for good cause shown, the court may,

in the interests of justice, set aside or modify the

interim suspension.

(h) At the presentment hearing, the attorney

shall have the right to counsel, to be heard in his

or her own defense and to present evidence and

witnesses in his or her behalf. After the hearing,

the court shall enter an order dismissing the pre -

sentment complaint, or imposing discipline upon

such attorney in the form of suspension for a

period of time, disbarment or such other discipline

as the court deems appropriate. If the finding of

guilt was based upon the lawyer’s misappropriation of clients’ funds or other property held in trust,

the court shall enter an order disbarring the attorney for a minimum of twelve years pursuant to

Sections 2-47A and 2-53 (g).

(i) Whenever the court enters an order suspending or disbarring an attorney pursuant to a

presentment filed under this section, the court

may appoint a trustee, pursuant to Section 2-64,

to protect the interests of the attorney’s clients and

to secure the attorney’s clients’ funds accounts.

(j) If an attorney disciplined solely under the

provisions of this section demonstrates to the

court that the underlying finding of guilt was later

vacated or reversed, the court shall vacate any

disciplinary order entered pursuant to the finding

of guilt, and place the attorney on active status.

The vacating of such disciplinary order shall not

automatically terminate any other disciplinary proceeding then pending against the attorney.

(k) Immunity from prosecution granted to an

attorney is not a bar to disciplinary proceedings,

unless otherwise ordered by the court. The granting of a pretrial diversion program to an attorney

charged with a serious crime, as defined herein,

is not a bar to disciplinary proceedings, unless

otherwise ordered by the court that granted the

program to the attorney.