Sec. 2-41. Discipline of Attorneys Found

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 commonlaw definition of the crime, involves interference

with the administration of justice, false swearing,

misrepresentation, fraud, deceit, bribery, extortion, 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.

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(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

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.

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 sentenced 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,

SUPERIOR COURT—GENERAL PROVISIONS

Sec. 2-44A

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 presentment 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.

nter 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.

(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.)