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Conn. Practice Book § 2-47

Presentments and Unauthorized Practice of Law Petitions

activein force · 2007-01-01 – presentact-effective-date

(a) Presentment of attorneys for misconduct,

whether or not the misconduct occurred in the

actual presence of the court, shall be made by

written complaint of the disciplinary counsel. Service of the complaint shall be made as in civil

actions. Any interim proceedings to the contrary

notwithstanding, a hearing on the merits of the

complaint shall be held within sixty days of the

date the complaint was filed with the court. At

such hearing, the respondent shall have the right

to be heard in his or her own defense and by

witnesses and counsel. After such hearing the

court shall render a judgment dismissing the complaint or imposing discipline as follows: reprimand,

suspension for a period of time, disbarment or

such other discipline as the court deems appro -

priate. This may include conditions to be fulfilled

by the attorney before he or she may apply for

readmission or reinstatement. Unless otherwise

ordered by the court, such complaints shall be

prosecuted by the disciplinary counsel or an attorney appointed pursuant to Section 2-48.

(b) The sole issue to be determined in a disci -

plinary proceeding predicated upon conviction of

a felony, any larceny or crime for which the lawyer

is sentenced to a term of incarceration or for which

a suspended period of incarceration is imposed

shall be the extent of the final discipline to be

imposed.

(c) A petition to restrain any person from engaging in the unauthorized practice of law not occurring in the actual presence of the court may be

made by written complaint to the Superior Court

in the judicial district where such violation occurs.

When offenses have been committed by the same

person in more than one judicial district, presentment for all offenses may be made in any one

of such judicial districts. Such complaint may be

prosecuted by the state’s attorney, by the disciplinary counsel, or by any member of the bar by

direction of the court. Upon the filing of such complaint, a rule to show cause shall issue to the

defendant, who may make any proper answer

within twenty days from the return of the rule and

who shall have the right to be heard as soon as

practicable, and upon such hearing the court shall

make such lawful orders as it may deem just.

Such complaints shall be proceeded with as

civil actions.

(d) (1) If a determination is made by the Statewide Grievance Committee or a reviewing committee that a respondent is guilty of misconduct

and such misconduct does not otherwise warrant

a presentment to the Superior Court, but the

respondent has been disciplined pursuant to

these rules by the Statewide Grievance Committee, a reviewing committee or the court at least

three times pursuant to complaints filed within the

five year period preceding the date of the filing

of the grievance complaint that gave rise to such

finding of misconduct in the instant case, the

Statewide Grievance Committee or the reviewing

committee shall direct the disciplinary counsel

to file a presentment against the respondent in

the Superior Court. Service of the matter shall be

made as in civil actions. The Statewide Grievance

Committee or the reviewing committee shall file

with the court the record in the matter and a copy

of the prior discipline issued against the respondent within such five year period. The sole issue to

be determined by the court upon the presentment

shall be the appropriate action to take as a result

of the nature of the misconduct in the instant case

and the cumulative discipline issued concerning

the respondent within such five year period. Such

action shall be in the form of a judgment dismissing the complaint or imposing discipline as follows:

reprimand, suspension for a period of time, disbarment or such other discipline as the court deems

appropriate. This may include conditions to be

fulfilled by the respondent before he or she may

apply for readmission or reinstatement. This sub-section shall apply to all findings of misconduct

issued from the day of enactment forward and the

determination of presentment shall consider all

discipline pursuant to complaints filed within the

five year period preceding the date of the filing of

the grievance complaint that gave rise to the finding of misconduct even if they predate the effective date of these rules.

(2) If the respondent has appealed the issuance

of a finding of misconduct made by the Statewide

Grievance Committee or the reviewing committee, the court shall first adjudicate and decide

that appeal in accordance with the procedures set

forth in subsections (d) through (f) of Section 2-

38. In the event the court denies the respondent’s

appeal of the finding of misconduct, the court shall

then adjudicate the presentment brought under

this section. In no event shall the court review

the merits of the matters for which the prior reprimands were issued against the respondent.

(e) No entry fee shall be required for the filing

of any complaint pursuant to this section.

History

(P.B. 1978-1997, Sec. 31.) (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 21, 2004, to take effect Jan. 1, 2005; amended June 20, 2005, to take effect Jan. 1, 2006; amended June 26, 2006, to take effect Jan. 1, 2007.)

Provenance

Source
jud.ct.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
085032dcb26a89d404a7210b3c1839f31551f85155f02825fc365a408fc8110f
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