CT · rules
Conn. Practice Book § 2-82
Admission of Misconduct; Discipline by Consent
(a) The disciplinary counsel to whom a complaint is forwarded after a finding that probable
cause exists that the respondent is guilty of mis -
conduct may negotiate a proposed disposition
of the complaint with the respondent or, if the
respondent is represented by an attorney, with
the respondent’s attorney. Such a proposed dis -
position shall be based upon the respondent’s
admission of misconduct, which shall consist of
either (1) an admission by the respondent that the
material facts alleged in the complaint, or a portion
thereof describing one or more acts of misconduct
to which the admission relates, are true, or (2) if
the respondent denies some or all of such material
facts, an acknowledgment by the respondent that
there is sufficient evidence to prove such material
facts by clear and convincing evidence.
(b) If disciplinary counsel and the respondent
agree to a proposed disposition of the matter, they
shall place their agreement in writing and submit
it, together with the complaint, the record in the
matter, and the respondent’s underlying admission of misconduct, for approval as follows: (i) by
the court, in all matters involving possible suspension or disbarment, or possible imposition of a
period of probation or other sanctions beyond the
authority of the Statewide Grievance Committee,
as set forth in Section 2-37; or (ii) by a reviewing
committee of the Statewide Grievance Committee, in all other matters. If, after a hearing, the
admission of misconduct is accepted and the proposed disposition is approved by the court or the
reviewing committee, the matter shall be disposed
of in the manner agreed to. If any resulting admission of misconduct or proposed disposition is
rejected by the court or the reviewing committee,
the admission of misconduct and proposed disposition shall be withdrawn, shall not be made public,
and shall not be used against the respondent in
any subsequent proceedings. In that event, the
matter shall be referred for further proceedings to
a different judicial authority or reviewing committee, as appropriate.
(c) If disciplinary counsel and the respondent
are unable to agree to a proposed disposition
of the matter, the respondent may nonetheless
tender an admission of misconduct, which shall be
in accordance with subsection (a) of this section.
If such an admission of misconduct without pro -
posed disposition is tendered, disciplinary counsel shall cause it to be forwarded, together with
the complaint and the record in the matter, for
consideration, possible acceptance and disposition as follows: (i) by the court, in all matters involving possible suspension or disbarment, or
possible imposition of a period of probation or
other sanctions beyond the authority of the Statewide Grievance Committee, as set forth in Section
2-37; or (ii) by a reviewing committee of the Statewide Grievance Committee, in all other matters.
If, after a hearing, the admission of misconduct
is accepted by the court or the reviewing committee, the matter shall be disposed of and any
resulting imposition of discipline shall be made
public in the manner prescribed by these rules. If
the admission of misconduct is rejected by the
court or the reviewing committee, it shall be with -
drawn, shall not be made public, and shall not be
used against the respondent in any subsequent
proceedings. In that event, the matter shall be
referred for further proceedings to a different judicial authority or reviewing committee, as appropriate.
(d) A respondent who tenders an admission of
misconduct and, if applicable, enters with disci -
plinary counsel into a pro-posed disposition of the
matter, shall present to the court or the reviewing
committee an affidavit stating the following:
(1) That the admission of misconduct and, if
applicable, the proposed disposition are freely
and voluntarily submitted; that the respondent is
not making the admission of misconduct and, if
applicable, the proposed disposition, as a result
of any threats or other coercion or duress, or any
promises or other inducements not set forth in the
proposed disposition; that the respondent is fully
aware of the consequences of such submissions;
(2) That the respondent is aware that there is
presently pending a complaint, in connection with
which probable cause has been found that the
respondent committed the following acts of mis -
conduct: (list specific acts); and
(3) Either (A) that the respondent admits that
the material facts alleged in the complaint, or in
that portion thereof to which the respondent’s
admission relates, are true, or (B) if the respondent denies some or all of such material facts,
that the respondent acknowledges that there is
sufficient evidence to prove such material facts
by clear and convincing evidence.
(e) The disciplinary counsel may recommend
dismissal of acts of misconduct alleged in the
complaint that are not admitted by the respondent.
The respondent’s admission of some acts of mis -
conduct shall not foreclose the disciplinary counsel from pursuing discipline based upon other acts
of misconduct alleged in the complaint.
(f) Prior to acceptance by the court or the
reviewing committee of the admission of miscon -
duct, the proposed disposition of the matter, if
applicable, and the imposition of any discipline,
the complainant will be given the right to comment thereon.
(g) In any disciplinary proceeding where the
respondent already has other disciplinary matters
pending before a court, either pursuant to an order
of interim suspension under Section 2-42, or pur -
suant to a presentment filed under Section 2-35,
2-40, 2-41 or 2-47, the respondent and disciplinary counsel may agree to a presentment. The
respondent and disciplinary counsel shall stipulate that the order of presentment is requested
for the purpose of consolidating all pending disci -
plinary matters before the court.
History
(Adopted 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.)
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
289e129a8426724d3ea1e9c2fb5a58e30eae7a02adf87908ce9230e83cf2bbaa
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