possible imposition of a period of probation or

Connecticut Practice Book

Rule: 2-83

Jurisdiction: CT

Bluebook Citation: Conn. P.B. 2-83

other sanctions beyond the authority of the State- wide Grievance Committee, as set forth in Section 2-37; or (ii) by a reviewing committee of the State- wide Grievance Committee, in all other matters. If, after a hearing, the admission of misconduct is accepted by the court or the reviewing commit- tee, 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 judi- cial authority or reviewing committee, as appro- priate. (d) A respondent who tenders an admission of misconduct and, if applicable, enters with disci- plinary counsel into a proposed 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 respon- dent 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 coun- sel 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 com- ment 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 disciplin- ary counsel may agree to a presentment. The respondent and disciplinary counsel shall stipu- late that the order of presentment is requested for the purpose of consolidating all pending disci- plinary matters before the court. (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.)

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