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Conn. Practice Book § 2-52

Resignation and Waiver of Attorney Facing Disciplinary Investigation

activein force · 2019-01-01 – presentact-effective-date

(a) The Superior Court may, under the procedure provided herein, permit an attorney to submit

his or her resignation from the bar with or with -

out the waiver of right to apply for readmission to

the bar at any time in the future if the attorney’s

conduct is the subject of an investigation or proceeding by a grievance panel, a reviewing com -

mittee, the Statewide Grievance Committee, the

disciplinary counsel or the court.

(b) Concurrently with the written resignation,

the attorney shall submit an affidavit stating the

following:

(1) that he or she desires to resign and that the

resignation is knowingly and voluntarily submitted, the attorney is not being subjected to coercion

or duress, and is fully aware of the consequences

of submitting the resignation;

(2) the attorney is aware that there is currently

pending an investigation or proceeding concerning allegations that he or she has been guilty of

misconduct, the nature of which shall be specifically set forth in the affidavit;

(3) either (A) that the material facts of the allegations of misconduct are true, or (B) if the attorney denies some or all of the material facts of

the allegations of misconduct, that the attorney

acknowledges that there is sufficient evidence to

prove such material facts of the allegations of

misconduct by clear and convincing evidence;

(4) the attorney waives the right to a hearing

on the merits of the allegations of misconduct, as

provided by these rules, and acknowledges that

the court will enter a finding that he or she has

engaged in the misconduct specified in the affidavit concurrently with the acceptance of the resig -

nation.

(c) If the written resignation is accompanied by

a waiver of the right to apply for readmission to

the bar, the affidavit required in (b) shall also state

that the attorney desires to resign and waive his

or her right to apply for readmission to the bar at

any time in the future.

(d) Any resignation submitted in accordance

with this section shall be in writing, signed by the

attorney, and filed in sextuplicate with the clerk

of the Superior Court in the judicial district in which

the attorney resides, or if the attorney is not a

resident of this state, with the clerk of the Supe -

rior Court in Hartford. The clerk shall forthwith

send one copy to the grievance panel, one copy

to the statewide bar counsel, one copy to disciplinary counsel, one copy to the state’s attorney, one

copy to the standing committee on recommendations for admission to the bar, and one copy to

all complainants whose grievance complaints filed

against the attorney in Connecticut resulted in the

submission. Such resignation shall not become

effective until accepted by the court after a hear -

ing, at which the court has accepted a report by

the Statewide Grievance Committee, made a finding of misconduct based upon the respondent’s

affidavit, and made a finding that the resignation is knowingly and voluntarily made. With the

exception of the statewide bar counsel and disciplinary counsel, no person or entity who, pursuant

to this subsection, receives a copy of a resignation

shall have the right to participate in the hearing

required by this subsection.

(e) Acceptance by the court of an attorney’s

resignation from the bar without the waiver of the

right to apply for readmission to the bar at any

time in the future shall not be a bar to any other

disciplinary proceedings based on conduct

occurring before or after the acceptance of the

attorney’s resignation.

History

(Amended June 15, 2012, to take effect Jan. 1, 2013.) (P.B. 1978-1997, Sec. 35.) (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 20, 2005, to take effect Jan. 1, 2006; amended June 29, 2007, to take effect Jan. 1, 2008; amended June 15, 2012, to take effect Jan. 1, 2013; amended June 15, 2018, to take effect Jan. 1, 2019.)

Provenance

Source
jud.ct.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
30e29639d7f68785ebd48f4b136dee9d21f2caee9b9ddd4d6eef0079135bea24
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