Admission of Misconduct; Disci-

Connecticut Practice Book

Rule: 2-82

Jurisdiction: CT

Bluebook Citation: Conn. P.B. 2-82

pline by Consent (a) The disciplinary counsel to whom a com- plaint 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 admis- sion of misconduct, for approval as follows: (i) by the court, in all matters involving possible suspen- sion 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 Commit- tee, in all other matters. If, after a hearing, the admission of misconduct is accepted and the pro- posed disposition is approved by the court or the reviewing committee, the matter shall be disposed of in the manner agreed to. If any resulting admis- sion of misconduct or proposed disposition is rejected by the court or the reviewing committee, the admission of misconduct and proposed dispo- sition shall be withdrawn, shall not be made public, and shall not be used against the respondent in any subsequent proceedings.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 commit- tee, 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 coun- sel shall cause it to be forwarded, together with the complaint and the record in the matter, for consideration, possible acceptance and disposi- tion as follows: (i) by the court, in all matters involv- ing possible suspension or disbarment, or 168 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—GENERAL PROVISIONS

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