CT · rules
Conn. Practice Book § 2-47
Presentments and Unauthorized Practice of Law Petitions
(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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