CT · rules
Conn. Practice Book § 2-41
Discipline of Attorneys Found Guilty of Serious Crimes in Another Jurisdiction
(a) The term ‘‘serious crime,’’ as used herein,
shall mean any felony, any larceny, or 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 defined herein
resulting from either a plea of guilty or nolo contendere, or from a verdict after trial, and regardless
of the pendency of any sentencing or appeal.
(c) The term ‘‘another jurisdiction,’’ as used
herein, shall mean any state court, other than the
Connecticut Superior Court, any federal court, any
District of Columbia court or any court from a
commonwealth or possession of the United
States.
(d) Any attorney found guilty of any crime in
another jurisdiction shall send written notice of the
finding of guilt to the disciplinary counsel and the
Statewide Grievance Committee, 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 the finding of
guilt required by this section shall constitute misconduct.
(e) Upon receipt of the written notice of the finding of guilt in another jurisdiction, 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 obtain a certified copy of the finding of
guilt, which shall be conclusive evidence of the
commission of that crime in any disciplinary proceeding based upon the finding of guilt. Upon
receipt of the certified copy of the finding of guilt,
the disciplinary counsel shall, pursuant to Section
2-47, file a presentment against the attorney predicated upon the finding of guilt. No entry fee shall
be required for proceedings hereunder.
(f) A presentment filed pursuant to this section
shall be filed in the judicial district where the attorney maintains an office for the practice of law in
this state. If the attorney has no office for the
practice of law in this state, the disciplinary counsel shall file the presentment in the Superior Court
for the judicial district of Hartford. 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) The disciplinary counsel may also apply to
the court for an order of interim suspension, which
application shall contain a certified copy of the
finding of guilt. If the attorney was or will be sen -
tenced to a term of incarceration, disciplinary
counsel shall seek a suspension for the term of
incarceration. The court may, in its discretion,
enter an order immediately placing the attorney
on interim suspension pending final disposition
of the 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 on 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 attorney’s finding of guilt was later
vacated or reversed, the court shall vacate any
disciplinary order entered pursuant to this section.
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.
History
(Amended June 13, 2014, to take effect Oct. 1, 2014.) (P.B. 1978-1997, Sec. 28B.1.) (Amended June 29, 1998, to take effect Sept. 1, 1998; amended June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003; Sept. 30, 2003, effective date changed to Jan. 1, 2004; amended June 26, 2006, to take effect Jan. 1, 2007; amended June 14, 2013, to take effect Jan. 1, 2014; amended June 13, 2014, to take effect Oct. 1, 2014.)
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
838b6520d9f1a5c354839cca0deb6db519e16d0be4590bbb3865d3bf5d6b9827
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