Discipline of Attorneys Found

Guilty of Serious Crimes in Another Juris- diction (Amended June 13, 2014, to take effect Oct. 1, 2014.) (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, trust- worthiness, or fitness as a lawyer in other respects, or any crime, a necessary element of which, as determined by the statutory or common- law definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extor- tion, 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 conten- dere, or from a verdict after trial, and regardless of the pendency of any sentencing or appeal. (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 deliv- ery 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 fail- ure to send timely written notice of the finding of guilt required by this section shall constitute mis- conduct. (e) Upon receipt of the written notice of the find- ing 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 coun- sel shall obtain a certified copy of the finding of guilt, which shall be conclusive evidence of the commission of that crime in any disciplinary pro- ceeding 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 pred- icated 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 attor- ney 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 coun- sel 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 sen- tenced 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, 150 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—GENERAL PROVISIONS