Grievance Panel Rules of
Procedure
Statewide Grievance
Committee Rules of Procedure:
RULE 1. GENERAL
REGULATIONS
A. The Statewide Grievance
Committee (Committee) shall meet to consider complaints and other
appropriate matters as often as the Committee deems necessary to
properly and expeditiously discharge its duties.
B.
Except as otherwise set forth in these rules the Committee must have at
least a quorum present to act, and a quorum shall be eleven. The
Committee shall act by a vote of a majority of those present and voting,
provided that a minimum of six votes for a particular action is
necessary for the Committee to act. Members present but not voting due
to disqualification, abstention, silence or a refusal to vote, shall be
counted for purposes of establishing a quorum, but not counted in
calculating a majority of those present and voting.
C. All
decisions of the Committee shall be in writing and mailed to the parties
involved.
D. All matters received by the Committee shall be
confidential except as otherwise provided by law.
E. It is the
policy of the Committee to investigate all complaints filed against
attorneys within its jurisdiction. A decision by a Complainant to
withdraw a complaint after its filing shall not have the effect of
terminating the complaint. The Committee shall carry out its function
under the rules of the Superior Court regardless of a Complainant's
decision to not pursue the matter.
F. Grievance complaints filed
with the Committee must be submitted on form JD-GC-6 and must contain an
original and six copies. Any attachments must be properly collated and
attached to the original and each copy of the complaint. Grievance
complaints and their attachments must not include personal identifying
information as defined by Practice Book §4-7(a) or another person’s
hospital, psychiatric or medical records. The Complainant must
redact the complaint and its attachments to remove any personal
identifying information. A Complainant who wants to file another
person’s hospital, psychiatric or medical records must say in the
complaint how the documents are relevant and will help prove the
complaint. The proposed hospital, psychiatric or medical records
accompanying the complaint must be submitted in a sealed envelope
labeled proposed hospital, psychiatric or medical records. If the
complaint is forwarded to a grievance panel for investigation under
Practice Book §2-32(a)(1), the grievance panel will review the statement
and follow Rule 1(I) of the Grievance Panel Rules of Procedure. If the
Complainant is Disciplinary Counsel, the Statewide Bar Counsel, the
Committee or a reviewing committee thereof, or a grievance panel, then
any records, including hospital, psychiatric or medical records as well
as records containing personal identifying information may be included
in the initial grievance complaint without an offer of proof. Materials
that do not meet these requirements will be returned.
G. The
Committee reserves the right, from time to time, to add to, subtract
from or otherwise amend these rules of procedure.
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RULE 1A. Filing Procedure; Electronic Filing
A. Filing Procedure: Grievance complaints, and any document related to
grievance complaints or unauthorized practice of law complaints pending
before the Committee or a reviewing committee, including but not limited
to requests, motions, objections, briefs, appeals, or any other document
intended for placement in the file of any such matter, or any copies
thereof, must be filed with or submitted to the Statewide Bar Counsel or
an Assistant Bar Counsel. No grievance complaint, unauthorized practice
of law complaint, or any document attached in support thereof, or any
portion of the record as defined by Practice Book §2-32(i) may be filed
with or submitted to the Statewide Bar Counsel or Assistant Bar Counsel
by way of fax, email, or any other electronic means. Any such document
so received will not be considered as being filed with the Committee or
the Statewide Bar Counsel.
B. Electronic Filing: The following
documents may be filed with the Statewide Bar Counsel’s Office by fax or
email provided that an original of the filing and all necessary copies
are mailed forthwith to the Statewide Bar Counsel's Office:
1. All
materials prepared pursuant to Rule 7(B), (C), (D), (E) and (G);
2. A
response to an overdraft investigation by the Statewide Bar Counsel’s
Office conducted pursuant to Practice Book §2-28(g) and Rule 9(B);
3.
A proposed disposition prepared pursuant to Practice Book §2-82 and Rule
11;
4. A motion to dismiss prepared pursuant to Rule 11A;
5. A
request for review of a reviewing committee final decision prepared
pursuant to Practice Book §2-35(k);
6. A request for review of an
attorney advertising advisory opinion prepared pursuant to Rule 14(I).
C. If the last day for filing any matter falls on a day on which the
Statewide Bar Counsel’s Office is not open, then the last day for filing
shall be the next business day upon which the office is open. All
documents that are electronically received for filing after 5:00 p.m. on
a day on which the Statewide Bar Counsel’s Office is open or that are
electronically received at any time on a day on which the office is
closed, shall be deemed filed on the next business day upon which the
office is open.
D. All materials filed with the Statewide Bar
Counsel following a finding of probable cause shall contain a
certification of proof of service as required in civil matters pursuant
to Practice Book §10-14.
E. Notwithstanding the provisions of this
rule, the Committee or a reviewing committee may allow for the
electronic filing of any document.
F. Materials that do not comply
with this rule shall be returned and not made a part of the record.
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RULE 2. REFERRAL OF COMPLAINTS
A.
Upon receipt of a grievance complaint, the Statewide Bar Counsel's
Office shall review the complaint and determine whether a recommendation
should be made to dismiss the complaint in accordance with Practice Book
§2-32(a)(2) or whether the complaint should be forwarded to a grievance
panel.
1. Complaints forwarded to a grievance panel:
If a complaint is forwarded to a grievance panel, it shall be forwarded
to the grievance panel in the judicial district in which the Respondent
maintains his or her principal office or residence. If the
Respondent does not maintain an address in this state, it shall be
within the discretion of the Statewide Bar Counsel to determine to which
grievance panel the complaint shall be forwarded. The
determination of good cause for the declination of a panel to
investigate a complaint referred to said panel shall be made by the
Statewide Bar Counsel.
2. Recommendation that complaint be
dismissed: If the Statewide Bar Counsel's Office determines that a
recommendation should be made to dismiss the complaint, the complaint,
together with the basis for the recommendation, shall be forwarded to an
attorney member and to a non-attorney member of the Committee for their
review. The Committee members to whom complaints are forwarded shall be
selected by the Chairperson of the Committee on a rotating basis. The
complaint shall not be forwarded to an attorney member who maintains an
office for the practice of law in the same judicial district as the
Respondent. If a recommendation to dismiss the complaint is
adopted by the two Committee members, the Complainant and the Respondent
shall be notified of the decision together with notification of the
Complainant's right to appeal the dismissal. The Respondent shall also
be provided with a copy of the complaint. For the purpose of complying
with the time limitations imposed by Practice Book §2-32(a), if the
deadline for action falls on a weekend or holiday, said deadline shall
be deemed to be satisfied if the action is accomplished by the end of
the first working day following the deadline.
3. Appeal of
dismissed complaints: If the Complainant timely files an appeal of
the dismissal, the appeal shall be assigned to a reviewing committee for
a decision on the appeal. The reviewing committee shall be selected on a
random, rotating basis. The appeal shall not be assigned to a reviewing
committee in which an attorney maintains an office for the practice of
law in the same judicial district as the Respondent. If the reviewing
committee denies the appeal, the Complainant and the Respondent shall be
notified. If the Complainant files an appeal beyond the
fourteen-day appeal period, the Statewide Bar Counsel shall return the
appeal to the Complainant as untimely filed.
B. Referral
of Matters Submitted Pursuant to Practice Book §2-43: When any
complaint, counterclaim, cross complaint, special defense or other
pleading in a judicial or administrative proceeding alleges a lawyer's
misuse of funds handled by the lawyer in his or her capacity as a lawyer
or a fiduciary, and the person signing the pleading has mailed a copy
thereof to the Statewide Bar Counsel; or, in any case where a lawyer's
trust account, as defined in Practice Book §2-28(b), is garnished, or
otherwise liened, and the party who sought the garnishment or lien has
mailed a copy of the garnishee process or writ of attachment to the
Statewide Bar Counsel, the Statewide Bar Counsel shall forward a copy of
the pleading, garnishee process or writ of attachment to a grievance
panel for the purpose of conducting an investigation into the matter
pursuant to Practice Book §2-29(e)(1) and for the purpose of determining
whether a complaint should be initiated pursuant to Practice Book
§2-32(a). If the panel determines that a complaint should be filed, it
shall do so in its name and in the name of the person who filed the
pleading, garnishee process or writ of attachment with the Statewide Bar
Counsel.
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RULE 3. DISCLOSURE OF
REFERRAL OF COMPLAINT
A. Decisions regarding whether to disclose
that a grievance complaint or any other matter has been referred to a
grievance panel for investigation shall ordinarily be made at regularly
scheduled meetings of the Committee.
B. In the event of
extraordinary circumstances, such decision may be made by way of a
telephone poll of the members of the Committee.
C. Decisions
regarding whether to disclose that a grievance complaint or any other
matter has been referred to a grievance panel for investigation shall be
made when such disclosure is deemed by the Committee to be in the public
interest.
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RULE 4. EXTENSION OF
TIME
A. Grievance Panels - Probable Cause: Pursuant to
Practice Book §2-32(j), a grievance panel may file a motion for
extension of time, not to exceed thirty days, with the Committee which
may delegate to its Chairperson or Vice-chairperson the authority to
grant the motion only for good cause shown. Said motion shall be filed
with the Statewide Bar Counsel who shall forthwith notify the
Chairperson, or the Vice-chairperson if the Chairperson is unavailable,
of the filing and for a decision on the motion. The Statewide Bar
Counsel's Office or will notify the grievance panel of the decision.
B. Reviewing Committees - Investigation and Final Decision:
Pursuant to Practice Book §2-35(e), a reviewing committee to which a
grievance panel's determination has been referred for investigation and
final decision may file a motion for extension of time, not to exceed
thirty days with the Committee, which shall grant said motion only for
good cause. Said motion shall be filed with the Statewide Bar Counsel
who, upon its receipt, shall forward copies of same to the remaining
members of the Committee. Said members shall respond to the Statewide
Bar Counsel within seven days of the date of the mailing of the motion
by the Statewide Bar Counsel, in writing, signifying their vote to deny
the motion, or deny the motion and request that no final action on said
motion be taken until a meeting of the Committee is convened in order
that the motion may be discussed. If no vote to deny the motion or defer
action on the motion is received prior to the expiration of the seven
day period, the motion shall be considered granted and the Statewide Bar
Counsel shall so notify the reviewing committee. Said motions may also
be made and considered at meetings of the Committee.
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RULE 5. INQUIRY INTO DELAY
A.
Grievance Panels: Pursuant to Practice Book §2-32(j), the
Committee shall, upon a grievance panel's not completing its action on a
complaint within the time provided by the rule, inquire into the delay.
Said inquiry shall be conducted by the Statewide Bar Counsel, whose
findings shall be reported to the Committee which shall, at its next
regularly scheduled meeting, order said grievance panel to act upon said
complaint, refer the complaint to another grievance panel, or refer the
complaint to a reviewing committee.
B. Reviewing
Committees: Pursuant to Practice Book §2-35(i), the Committee
shall, upon a reviewing committee's not completing its action on a
complaint within the time provided by the rule, inquire into the delay.
Said inquiry shall be conducted by the Statewide Bar Counsel whose
findings shall be reported to the Committee, which shall, at its next
regularly scheduled meeting, order the reviewing committee to complete
its action, refer such complaint to another reviewing committee, refer
such complaint to the same or a different grievance panel for further
investigation and action, or determine another appropriate course of
action.
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RULE 6. REVIEWING
COMMITTEES
A. The Statewide Bar Counsel shall, with the approval of
the Committee, assign the members of the Committee to reviewing
committees, each consisting of two attorney members and one non-attorney
member. Said reviewing committees shall serve for six months. At the
conclusion of each six month period, the membership of the reviewing
committees shall rotate.
B. The referral of complaints to
reviewing committees shall be done in such a manner so that no reviewing
committee is routinely assigned complaints from a single judicial
district.
C. If a grievance panel determines that probable cause
exists that an attorney is guilty of misconduct, said case shall be
assigned to a reviewing committee or the Committee for a hearing open to
the public and other appropriate action.
D. If a grievance panel
determines that no probable cause exists that an attorney is guilty of
misconduct, but the complaint contains an allegation that the attorney
committed a crime, said case shall be reviewed by a reviewing committee
for appropriate action, or by the Committee if deemed appropriate.
Under no circumstances shall the Committee review the grievance panel's
decision that a crime was not alleged in the complaint.
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RULE 7. HEARINGS OPEN TO THE PUBLIC
A. Notice: In all matters in which a hearing open to the public is held,
the Complainant, Disciplinary Counsel and the Respondent shall be sent
written notice of the hearing by the Statewide Bar Counsel by first
class mail. The notice shall include a statement of the time and place
of the hearing and that the hearing shall be open to the public and on
the record.
B. Continuances: Continuances may be granted only
to Disciplinary Counsel or the Respondent in the discretion of the
reviewing committee and only for good cause shown. Motions for
continuances must be submitted on form JD-GC-17 and filed with the
Statewide Bar Counsel's Office with a copy to all counsel and pro se
parties of record no later than seven calendar days prior to the date of
the hearing, absent exigent circumstances. A party requesting a
continuance must indicate whether the opposing party consents to the
request. Upon timely receipt of the motion for continuance, the
Statewide Bar Counsel's Office shall forward it to a member of the
reviewing committee who shall promptly rule on the motion. Notice of the
decision on the motion shall thereafter be transmitted by the Statewide
Bar Counsel's Office to Disciplinary Counsel, the Complainant and to the
Respondent or counsel for the Respondent.
C. Motions: Motions
filed with the Committee or a reviewing committee concerning the
jurisdiction of the Committee or reviewing committee or any other matter
to be considered by the hearing body must be filed with the Statewide
Bar Counsel's Office no later than seven days in advance of the date
upon which the complaint at issue is to be heard. An original and three
copies of the motion must be filed with the Statewide Bar Counsel's
Office. Such motions may only be filed by Disciplinary Counsel, the
Respondent or the Respondent's counsel. The requirement that motions
must be filed no later than seven days in advance of the hearing date
may be waived in the discretion of the hearing body with respect to
motions in which the jurisdiction of the hearing body is at issue.
D. Motion to Appear by Videoconference: The Disciplinary Counsel, the
Respondent, or the Respondent’s counsel may file a motion with the
Statewide Bar Counsel’s office requesting that a witness, including the
Complainant or the Respondent, appear by videoconference. The movant
shall file an original and three copies of the motion no later than
fourteen days prior to the date of the hearing. The motion shall contain
a certification that a copy of the motion was sent to the opposing party
and shall indicate the opposing party’s position on the motion. The
opposing party may file an objection, with three copies, to the motion
within five days from the date the motion is filed with the Statewide
Bar Counsel’s office. Upon timely receipt of the motion, the Statewide
Bar Counsel’s Office shall forward the motion to a member of the
reviewing committee assigned to the hearing, who shall promptly rule on
the motion. Notice of the decision on the motion shall be transmitted by
the Statewide Bar Counsel’s office to the Disciplinary Counsel, the
Complainant, and to the Respondent or the Respondent’s counsel. Only
motions to appear by videoconference will be considered. No witness
shall be allowed to appear by telephone conference call.
E.
Briefs: Briefs prepared for submission to a reviewing committee must be
submitted to the Statewide Bar Counsel's Office no later than seven days
in advance of the date upon which the complaint at issue is to be heard.
An original and three copies of the brief must be filed with the
Statewide Bar Counsel's Office. Such briefs may only be filed by
Disciplinary Counsel, the Respondent or the Respondent's counsel. The
requirement that briefs must be filed no later than seven days in
advance of the hearing date may be waived in the discretion of the
hearing body for good cause. The requirement that briefs must be
provided to the Statewide Bar Counsel's Office no later than seven days
in advance of the date upon which the complaint at issue is to be heard,
set forth in the first sentence of this section, does not apply to
post-hearing briefs ordered at the time of the hearing or for which the
permission to file is granted to Disciplinary Counsel or the Respondent
at the time of the hearing.
F. Evidentiary Submissions:
Evidentiary submissions to the record after a finding of probable cause
may only be made as exhibits to the record. Any proposed evidence
received by the Statewide Bar Counsel's Office or the Committee after a
finding of probable cause will be returned to the participants and not
be made part of the record unless it is submitted in accordance with
this section or at a reviewing committee hearing. Prior to the hearing,
Disciplinary Counsel and the Respondent, or the Respondent’s counsel
shall confer regarding proposed evidentiary submissions and witnesses
reasonably expected to be called during their cases-in-chief.
Evidentiary submissions that may be made full exhibits by agreement
shall be marked by the Disciplinary Counsel and the Respondent
respectively, with Disciplinary Counsel listing exhibits numerically and
the Respondent alphabetically. Any exhibit proposed by a participant,
but not agreed to, shall be marked for identification purposes only. At
least seven days before the hearing, the participants shall: (1)
exchange all exhibits, including those marked only for identification;
and (2) file with the Statewide Bar Counsel's Office four copies of each
submission with a list of witnesses the participant reasonably expects
to call during the hearing. The requirements of this subsection may be
waived in the discretion of the hearing body for good cause.
G.
Additional Allegations of Misconduct Pursuant to Practice Book §2-35(d):
Notwithstanding the provisions of section F of this rule, Disciplinary
Counsel may attach supporting materials to any additional allegations of
misconduct issued pursuant to Practice Book §2-35(d). The thirty day
period to be heard provided for in Practice Book §2-35(f) shall be
calculated from the date the additional allegations of misconduct are
filed with the Statewide Bar Counsel’s Office. The Respondent may file a
response with exhibits to any additional allegations of misconduct
issued by Disciplinary Counsel. Any materials attached to the response
are also exempt from the provisions of section F. The Respondent’s
original response with any exhibits plus three copies must be filed with
the Statewide Bar Counsels Office within fourteen days of the filing of
the additional allegations of misconduct. Thereafter, no other materials
regarding the additional allegations of misconduct or the response may
be filed as of right, and must be submitted instead pursuant to section
F of this rule.
H. Procedure at Hearings:
1. Any oral or
documentary evidence may be received, but the Committee or reviewing
committee shall exclude irrelevant, immaterial or unduly repetitious
evidence. At its discretion, the Committee or reviewing committee may
exclude documentary evidence not submitted in accord with section F of
this rule.
2. When a hearing will be expedited and the interests of
the parties will not be prejudiced substantially, any part of the
evidence may be received in written form.
3. Documentary evidence may
be received in the form of copies or excerpts if the original is not
readily available. Upon reasonable and timely requests, the parties may
be given an opportunity to compare the copy with the original.
4.
Disciplinary Counsel, the Respondent, or the Respondent’s counsel may
conduct reasonable direct and cross-examinations of witnesses.
5.
Hearings may only be electronically recorded by the official court
reporter or official court recording monitor.
I. Witnesses:
Unless the Committee or reviewing committee determines that a witness is
necessary to the resolution of a complaint, it shall be the
responsibility of Disciplinary Counsel or the Respondent by subpoena or
otherwise to secure the presence of witnesses.
J. All
determinations of a reviewing committee shall be by an absolute majority
vote and two members shall constitute a quorum. In the event of a tie
vote, a member of the Committee shall be designated to review the entire
record of the complaint and cast the deciding vote.
RULE 8.
UNAUTHORIZED PRACTICE OF LAW COMPLAINTS
A. In the course of
investigating a complaint alleging the unauthorized practice of law,
Disciplinary Counsel may request that the matter be heard by a reviewing
committee.
B. Prior to requesting a hearing, Disciplinary
Counsel shall give the Respondent 30 days to file a written response to
the complaint, which response shall be provided to the reviewing
committee if a hearing is requested.
C. If a complaint
alleging the unauthorized practice of law is referred to a reviewing
committee for a hearing, the hearing shall be open to the public and on
the record.
D. Following the hearing, the reviewing
committee shall render a written final decision which will be sent to
the parties. In its final decision, the reviewing committee shall
make a finding that the Respondent engaged in the unauthorized practice
of law or did not engage in the unauthorized practice of law.
E.
Unauthorized Practice of Law Records.
1. The existence of
an unauthorized practice of law complaint shall not become public until
the matter is scheduled for a hearing before a reviewing committee.
2. The following unauthorized practice of law records shall be
public:
(a). For unauthorized practice of law complaints
in which a public hearing was held, the entire record shall be public.
(b). For unauthorized practice of law complaints filed prior
to January 1, 2004 in which a public hearing was not held, the
Committee's final disposition letter only.
3. All
unauthorized practice of law records pertaining to a Respondent shall be
available to Disciplinary Counsel in any subsequent unauthorized
practice of law investigation pertaining to the Respondent.
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RULE 9. OVERDRAFT NOTIFICATION
A.
Approval of Financial Institutions.
1. Pursuant to
Practice Book §2-28, attorney trust accounts must be maintained only in
financial institutions approved by the Committee.
2. A
financial institution seeking approval by the Committee shall submit a
form to the Statewide Bar Counsel by which it agrees to report to the
Committee the fact that an instrument has been presented against an
attorney trust account containing insufficient funds, irrespective of
whether or not the instrument is honored. The Statewide Bar Counsel
shall transmit the form to the Committee for its consideration within 45
days of receipt by the Statewide Bar Counsel. Forms shall be made
available to financial institutions seeking approval upon request to the
Statewide Bar Counsel.
3. Approval of a financial institution
shall be contingent upon the agreement of the financial institution to
provide no less than 30 days notice of its decision to cancel its
agreement with the Committee. Notice of the cancellation of an agreement
by a financial institution with the Committee shall be submitted by the
financial institution in writing to the Statewide Bar Counsel.
4.
The Committee may terminate the approved status of a financial
institution upon the failure of the financial institution to report to
the Statewide Bar Counsel within seven business days from the date of
such presentation, any instrument presented against an attorney trust
account containing insufficient funds, except that the financial
institution shall not be required to report to the Committee the fact
that an instrument has been presented against an attorney trust account
containing insufficient funds if funds in an amount sufficient to cover
the deficiency in the trust account are deposited within one business
day of the presentation of the instrument. The report shall be
substantially in the following format:
(a) In the case of
a dishonored instrument, the report shall be identical to the overdraft
notice customarily forwarded to the depositor;
(b)
In the case of instruments that are presented against insufficient funds
but which are honored, the report shall identify the financial
institution, the attorney or law firm, the account number, the date of
presentation for payment and the date paid, a copy of the instrument
presented, as well as the amount of the overdraft created thereby.
5. Upon information and belief that an approved financial
institution has failed to comply with its agreement to report the
presentation of an instrument against insufficient funds and to provide
a copy of the instrument, the Statewide Bar Counsel's Office shall, in
writing, request an explanation of the failure from the financial
institution. The financial institution shall have ten days from the date
of the letter of inquiry from the Statewide Bar Counsel's Office to
provide an explanation. The Statewide Bar Counsel's Office shall forward
the explanation of the financial institution, or notice of its failure
to submit an explanation, to the Committee. After its review of the
explanation or lack thereof, the Committee may direct the Statewide Bar
Counsel's Office to (a) request a further explanation of the financial
institution's actions, (b) accept the explanation of the financial
institution, or (c) terminate the approved status of the financial
institution. Upon the decision of the Committee to terminate the
approved status of a financial institution, the Committee shall cause to
have notice of the termination published in the Connecticut Law Journal.
B. Review of Overdraft Notifications
1. Upon receipt of a notice of the presentation of an instrument
against insufficient funds, the Statewide Bar Counsel shall notify, in
writing, the attorney or law firm in whose name the account is
registered of the receipt of the overdraft notification. The attorney or
law firm shall have ten days from the date of the letter of notification
forwarded by the Statewide Bar Counsel to submit an explanation of the
overdraft. Such explanation shall be supported by documentation
reasonably sufficient to demonstrate the basis of the overdraft.
2.
Upon the failure of the attorney or law firm to submit an explanation of
the overdraft, the Statewide Bar Counsel shall, on behalf of the
Committee, initiate a grievance complaint and forward same to the
appropriate grievance panel.
3. The Statewide Bar Counsel's
Office shall review all overdraft notification explanations submitted by
lawyers and law firms and (a) if the Statewide Bar Counsel's Office
determines that the overdraft was not a result of misconduct, close the
file on the matter or (b) if the Statewide Bar Counsel's Office is not
satisfied with the explanation, refer the matter to the Committee which
shall review the matter in accordance with subsection 4 of this section.
4. The Committee shall review all overdraft notification
explanations referred by the Statewide Bar Counsel's Office in
accordance with subsection 3 of this section submitted by lawyers and
law firms and (a) if it determines that the overdraft was not a result
of misconduct, close its file on the matter or (b) if it is not
satisfied with the explanation, (i) refer the matter to a grievance
panel for investigation, or the initiation of a complaint, or both, or
(ii) instruct the Statewide Bar Counsel to initiate a grievance
complaint. If the matter has been previously investigated by a grievance
panel and the grievance panel chooses not to file a grievance complaint,
the Committee may refer the matter to a reviewing committee for
investigation or the initiation of a complaint, or both.
5. If
a grievance panel to which an overdraft notification matter has been
referred pursuant to subsection 4 of this section determines that the
initiation of a grievance complaint is not warranted, it shall file its
determination, along with an explanation of its decision, with the
Committee. If a grievance panel initiates a grievance complaint pursuant
to subsection 4 of this section, said complaint shall be referred to a
separate grievance panel for a determination of probable cause.
6. Whenever a grievance complaint is initiated pursuant to
this rule, a copy of said complaint shall be forwarded to the
Disciplinary Counsel for a determination as to whether interim
suspension should be sought pursuant to Practice Book §2-42.
C.
Overdraft Notification Records: All records pertaining to
overdraft notification files that result in a determination that no
further action is warranted and the file is closed shall not be public.
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RULE 10. CONDITIONAL ADMISSION TO THE
BAR
A. Attorneys admitted to the bar with conditions pursuant
to Practice Book §2-11 shall have their compliance with the conditions
of admission monitored by the Statewide Bar Counsel. Such attorneys
shall report their compliance with their conditions in such a manner as
required by the terms of their admission and as reasonably required by
the Statewide Bar Counsel.
B. At intervals of time
consistent with the conditions of admission, the Statewide Bar Counsel
shall cause to be issued an Attorney Registration form for the
conditionally admitted attorney. The Statewide Bar Counsel shall forward
the Attorney Registration form, together with a notice to the attorney
of the terms of the attorney's compliance, to the address provided by
the attorney on the attorney's last filed Attorney Registration form.
The Statewide Bar Counsel shall establish a reasonable deadline by which
the attorney shall return the completed Attorney Registration form,
together with such other documentation of compliance as is required
under the terms of the attorney's admission or is otherwise reasonably
required by the Statewide Bar Counsel.
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RULE 11. PROPOSED DISPOSITIONS
A. In matters in which
the Respondent has tendered a proposed disposition pursuant to Practice
Book §2-82, Disciplinary Counsel shall so notify the Committee for those
matters not involving suspension or disbarment and a hearing shall be
scheduled before a reviewing committee.
B. At or prior to
the hearing, the parties shall submit to the reviewing committee the
proposed disposition and the affidavit required by Practice Book
§2-82(d).
C. At the hearing, the reviewing committee may
elicit testimony or other evidence on any relevant issues, may allow
argument as to the disposition, and shall give the Complainant the
opportunity to comment upon the matter pursuant to Practice Book
§2-82(f).
D. Following the conclusion of the hearing, the
reviewing committee shall either accept or reject the proposed
disposition.
1. If rejected: the parties and Disciplinary
Counsel shall be so notified and the original proposed disposition and
the affidavit required by Practice Book §2-82(d) shall be kept in the
non-public portion of the Committee’s file. The transcript of the
hearing, and any briefs or evidence submitted regarding the proposed
disposition shall remain public. Thereafter, the matter shall be
scheduled for a hearing before another reviewing committee in accordance
with Practice Book §2-35. Thereafter, if a new proposed disposition is
offered, the subsequent reviewing committee shall review the previously
rejected proposed disposition and affidavit. Absent good cause shown,
the subsequent reviewing committee shall not accept or consider the same
or substantially the same proposed disposition as was previously
rejected. Nothing in this rule shall be construed to prohibit the
subsequent offer of any evidence that was previously submitted regarding
a rejected proposed disposition.
2. If a Practice Book
§2-82(b) proposed disposition is accepted: notice thereof shall be
sent to Disciplinary Counsel and the parties; the imposition of
discipline, if applicable, shall be made public; and the documentation
from the file, including the transcript of the hearing, shall be made
public pursuant to Practice Book §2-50.
3. If a Practice Book
§2-82(c) proposed disposition is accepted: the reviewing committee shall
issue a decision dismissing the complaint, imposing sanctions and
conditions pursuant to Practice Book §2-37 or directing Disciplinary
Counsel to file a presentment. If discipline is imposed, the
Respondent may request review of the decision pursuant to Practice Book
§2-35(g); and the documentation from the file, including the transcript
of the hearing, shall be made public, pursuant to Practice Book §2-50.
E. When a proposed disposition involving suspension or
disbarment has been submitted to the court, Disciplinary Counsel shall
so notify the Committee. At the conclusion of court proceedings,
Disciplinary Counsel shall notify the Committee of the court’s decision
in the matter.
F. In matters in which the Respondent has
tendered a proposed disposition agreeing to a presentment pursuant to
Practice Book §2-82(g), the reviewing committee shall either reject the
proposed disposition or issue a decision ordering a presentment.
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RULE 11A. MOTION TO DISMISS BY
DISCIPLINARY COUNSEL
A. Notwithstanding the provisions of Rule 7(C)
of these rules, Disciplinary Counsel may file a motion to dismiss a
grievance complaint after a finding of probable cause under the
following circumstances:
1. Disciplinary Counsel believes that
he or she does not have evidence to meet the clear and convincing
standard of proof required to prove the alleged rule violations; or
2. The Respondent is exposed to discipline for the same conduct
under Practice Book §§2-39, 2-40 or 2-41. Any motion granted under this
subsection will be without prejudice to the Disciplinary Counsel filing
a new grievance complaint or a presentment pursuant to Practice Book
§§2-39, 2-40 or 2-41.
B. The motion to dismiss under this rule
may only be filed by the Disciplinary Counsel. An original and three
copies of the motion shall be filed with the Committee prior to or
during the proceeding before a reviewing committee and a copy shall be
forwarded by the Disciplinary Counsel to the Complainant, the Respondent
and their counsel. The motion shall clearly explain the reasons for the
requested dismissal.
C. The reviewing committee shall hear the
motion on the record. At such hearing, the reviewing committee shall
allow argument from the Disciplinary Counsel, the Respondent or
Respondent’s counsel concerning the motion. The Complainant or
Complainant’s counsel may make a statement in support of, or in
opposition to the motion.
D. Following the hearing, the
reviewing committee shall issue a written decision either granting or
denying the motion.
1. If the motion is granted, notice shall
be sent to the Disciplinary Counsel, the participants and their counsel
and the matter shall be dismissed.
2. If the motion is denied,
Disciplinary Counsel, the participants and their counsel shall be
notified and the matter shall be scheduled for a hearing before a
different reviewing committee.
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RULE 12. ATTORNEY REGISTRATION; ELECTRONIC REGISTRATION
A.
Each attorney shall register with the Committee, as required by Practice
Book §§ 2-27(d) and 2-26.
B. Each attorney’s annual
registration shall be made electronically through Judicial Branch
E-Services.
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RULE 13. RANDOM
INSPECTIONS AND AUDITS OF CLIENTS' FUNDS ACCOUNTS
A. Pursuant
to Practice Book §2-27(e), the Committee or its counsel shall conduct
random inspections and audits of clients’ funds accounts as defined in
Practice Book §§2-27(d) and 2-28(b) and required to be registered with
the Committee in accordance with Practice Book §2-27(d).
B.
For purposes of Practice Book §2-27(e) and this rule, inspection and
audit is defined as the inspection of a randomly selected clients’ funds
account to ensure compliance with ethical rules, including, but not
limited to, Practice Book §2-27 and the Rules of Professional Conduct.
C. The manner in which the Committee or its counsel shall
randomly select, inspect and audit such accounts is by the following:
1. Commencing July 1, 2007, the Statewide Bar Counsel shall randomly
select for inspection and audit, with such frequency as is determined by
counsel, clients’ funds accounts registered with the Committee in
accordance with Practice Book §2-27(d).
2. The Statewide Bar
Counsel's Office shall send, by certified mail, written notice of the
inspection and audit to the attorney(s) who has registered the selected
clients’ funds account.
3. The random inspection and audit
shall cover, at a minimum, the previous six months from the date of the
notice of the inspection and audit and shall involve the inspection of
the financial records for the selected clients’ funds account that are
required to be maintained by the attorney(s) in accordance with Practice
Book §2-27(b), including, but not limited to:
(a) a
receipt and disbursement journal identifying all deposits in and
withdrawals from the account and showing the running account balance;
(b) a separate accounting page or column for each client
or third person for whom funds are held showing (A) all receipts and
disbursements and (B) a running account balance;
(c) at
least quarterly a written reconciliation of trust account journals,
client ledgers and bank statements;
(d) a list
identifying all trust accounts as defined in Practice Book §2-28 (b);
and
(e) all checkbooks, bank statements, and canceled or
voided checks.
4. The attorney(s) whose clients' funds
account is the subject of the random inspection and audit and whose
office is located in Connecticut will comply with the inspection and
audit by undergoing an on-site inspection and audit by the Statewide Bar
Counsel's Office of the financial records set forth in Practice Book
§2-27(b) and subsection 3 of this section and any other records
maintained by the attorney(s) for the selected account on the date set
forth in the written notice. The Statewide Bar Counsel's Office may
complete the inspection and audit of the selected account by removing
copies of any records produced at an on-site inspection to the Statewide
Bar Counsel's Office. If good cause is shown, the attorney(s) whose
clients' funds account is the subject of the random inspection and audit
and whose office is located in Connecticut may comply with the
inspection and audit by providing a copy of the financial records set
forth in Practice Book §2-27(b) and subsection 3 of this section and any
other financial records maintained by the attorney(s) for the selected
account by United States mail service, in person, or by some other
delivery service to the Statewide Bar Counsel's Office by the date
provided in the written notice.
5. The
attorney(s) whose clients' funds account is the subject of the random
inspection and audit and whose office is located outside the State of
Connecticut must comply with the inspection and audit by providing a
copy of the financial records set forth in Practice Book §2-27(b) and
subsection 3 of this section and any other financial records maintained
by the attorney(s) for the selected account by United States mail
service, in person, or by some other delivery sent to the Statewide Bar
Counsel’s Office by the date provided in the written notice.
D.
Any copies produced pursuant to this rule shall be at the expense of the
attorney(s) whose clients’ funds account is the subject of the
inspection and audit.
E. The attorney(s) whose account is
selected for inspection and audit shall fully cooperate with the
inspection and audit. “Fully cooperate” as that term is used in
Practice Book §2-27(e) means, among other things, providing the
Statewide Bar Counsel’s Office with all the documents referred to in
this rule and any other records and information as may be necessary for
the Statewide Bar Counsel’s Office to complete its inspection and audit.
If the attorney(s) whose clients’ fund account is the subject of the
inspection and audit fails to fully cooperate, the Statewide Bar
Counsel’s Office shall, in its discretion, refer the matter to
Disciplinary Counsel for an interim suspension proceeding pursuant to
Practice Book §2-42.
F. If the inspection and audit does not
disclose an apparent violation of Practice Book §2-27 or the Rules of
Professional Conduct, the Statewide Bar Counsel shall:
1.
Notify the attorney(s) that the inspection and audit did not disclose a
violation of Practice Book §2-27 or the Rules of Professional Conduct;
and
2. Remove the selected clients’ funds account number
from the random inspection and audit selection process for a period of
one year from the date the file is closed.
G. If the inspection
and audit discloses an apparent violation of Practice Book §2-27 or the
Rules of Professional Conduct, the Statewide Bar Counsel's Office shall,
in its discretion:
1. Negotiate with the attorney(s)
with the goal of having the attorney(s) bring the subject clients’ funds
account into compliance with Practice Book §2-27 and the Rules of
Professional Conduct, subject to the attorney(s) agreeing to reasonable,
periodic subsequent inspections and audits of the clients’ funds account
by the Statewide Bar Counsel's Office to ensure compliance; or
2. Forward the file to a grievance panel for further investigation and
the possible filing of a grievance complaint; or
3. Forward the file
to Disciplinary Counsel to initiate a presentment complaint.
H. In any matter referred by the Statewide Bar Counsel's Office to a
grievance panel or its counsel for investigation under this rule, said
grievance panel shall complete its investigation within the same time
frame as set forth for the investigation of grievance complaints under
Practice Book §2-32(i).
I. If a grievance panel to which the
result of a random inspection and audit of a selected clients’ funds
account has been forwarded for investigation and the possible filing of
a grievance complaint determines that the initiation of a grievance
complaint is not warranted, it shall file its written determination,
along with an explanation of its decision, with the Committee.
J. If a grievance panel to which the result of a random inspection
and audit of a selected clients’ funds account has been forwarded for
investigation and the possible filing of a grievance complaint initiates
a grievance complaint, the grievance panel shall file its complaint with
the Committee and shall forward a copy of the complaint to Disciplinary
Counsel for a determination as to whether interim suspension should be
sought pursuant to Practice Book §2-42. The grievance complaint shall be
referred to a separate grievance panel for a determination of probable
cause.
K. Prior to any public hearing arising from
a random inspection and audit of a clients’ funds account, the Committee
or its counsel shall give written notice by certified mail to any client
or third person whose identity may be publicly disclosed through the
disclosure of records obtained or produced in accordance with the random
audit and inspection. A copy of any such written notice shall be
provided to Disciplinary Counsel. Thereafter, the identified client or
third person shall have thirty days from the date of the written notice
to seek a court order restricting publication of any such records
disclosing confidential information. The client or third person who
applies for such a court order shall serve, by certified mail, a copy of
the application on the Committee through its counsel and on Disciplinary
Counsel.
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RULE 14. ATTORNEY
ADVERTISING; MANDATORY FILING; ADVISORY OPINIONS
A. Pursuant
to Practice Book §2-28A, the Statewide Bar Counsel's Office shall
conduct random reviews of legal advertisements and communications that
are filed with the Committee in accordance with Practice Book §2-28A and
this rule. Advertisements and communications shall be filed prior to or
concurrently with their first dissemination and shall be subject to
random review for a period of three months following their filing.
B. Unless an attorney requests and receives an exemption, and
subject to the limitations set forth in this rule, all advertisements
that must be filed with the Committee pursuant to Practice Book §2-28A
shall be filed electronically through Judicial Branch E-Services. An
attorney who requests and receives an exemption pursuant to section C of
this rule, shall submit the advertisement to the Committee in hard copy
format together with a cover form approved by the Committee.
C.
No request for exemption will be considered unless the request is
submitted on a form approved by the Committee prior to the first
dissemination of the advertisement to be filed. The Committee delegates
to the Statewide Bar Counsel the authority to approve or disapprove
exemption requests. An exemption request shall be granted only for good
cause shown. An exemption form that is not filed in a timely manner,
that does not state a basis for requesting the exemption or is not
signed by the attorney seeking the exemption shall be returned and not
considered filed. If the Statewide Bar Counsel grants an exemption, a
paper copy of the filing form will be provided to the exempted attorney.
D. Any attorney filing a print advertisement that exceeds 20
MB, must submit the completed electronic filing form through E-Services,
then file the advertisement itself in hard copy format with the
Committee within 10 days of the date the attorney submits the electronic
filing form through E-Services. The filed hard copy of the advertisement
shall clearly indicate on it the file number assigned when the
electronic filing form was submitted through E-Services.
E.
Any attorney filing a television or radio advertisement must submit the
completed electronic filing form through E-Services, then file the
advertisement itself in hard copy format with the Committee within 10
days of the date the attorney submits the electronic filing form through
E-Services. The filed hard copy of the advertisement shall clearly
indicate on it the file number assigned when the electronic filing form
was submitted through E-Services and shall be in the following formats
only:
1. Television advertisements: The advertisement must be
submitted on a video DVD.
2. Radio and other recorded non-video
advertisements: The advertisement must be submitted on a CD in MP3
format.
F. Advertisements filed pursuant to Practice Book
§2-28A and this rule shall be subject to selection for review on a
random basis for a period of 3 months following their filing.
G. The Statewide Bar Counsel's Office shall provide written notice
to any attorney whose filed advertisement has been selected for review.
If the review of the selected advertisement discloses an apparent
violation of the Rules of Professional Conduct, the Statewide Bar
Counsel's Office shall:
1. Contact the attorney(s) in writing to
negotiate with the attorney(s) with the goal of having the attorney(s)
modify replace or remove the advertisement in order to make the
advertisement comply with the Rules of Professional Conduct, subject to
the attorney(s) agreeing to provide proof of such modification,
replacement or removal to the Statewide Bar Counsel's Office in a timely
manner; or
2. If the attorney(s) fails or refuses to
modify, replace, or remove the advertisement and thereafter disseminates
the advertisement, or continues to disseminate the advertisement, notify
the Committee for the Committee to determine whether the file should be
forwarded to Disciplinary Counsel to initiate a presentment complaint.
H. Pursuant to Practice Book §2-28B, an attorney may
request a written advisory opinion from the Statewide Grievance
Committee concerning whether the attorney’s proposed advertisement
complies with the Rules of Professional Conduct. The request must be
submitted in writing and contain an original and four copies of the
request and the material specified by Practice Book §2-28A. All
attachments to the request must be properly collated and attached to the
original and each copy of the request. The request shall be accompanied
by a fee as established by the Chief Court Administrator. No request
that fails to meet any of the requirements set forth in Practice Book
§2-28B or this rule shall be considered filed with the Committee.
The Statewide Bar Counsel may assign the matter to a reviewing committee
to issue the advisory opinion.
I. Within thirty days of
the issuance to the requesting attorney(s) of a written advisory opinion
from a reviewing committee, the requesting attorney(s) may file with the
Committee a request in writing for review of the opinion. Any request
for review submitted under this rule must specify the basis for the
request, including, but not limited to, a claim or claims that the
reviewing committees findings, inferences, conclusions, or opinion is or
are (1) in violation of constitutional law, rules of practice or
statutory provisions; (2) in excess of the authority of the reviewing
committee; (3) made upon unlawful procedure; (4) affected by other error
of law; (5) clearly erroneous in view of the reliable, probative, and
substantial evidence on the whole record; or (6) arbitrary or capricious
or characterized by abuse of discretion and the specific basis for such
claim or claims. Filing a request for review shall not stay the
publication of the advisory opinion. If the opinion of the reviewing
committee is reversed or modified by the Committee, the decision
reversing or modifying the advisory opinion shall be published in a
manner similar to the initial publication of the opinion. No request for
review that fails to meet any of the requirements set forth in this rule
shall be considered by the Committee.
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Grievance Panel Rules of Procedure
Rule 1 - General
Regulations
Rule 2 - Investigative Hearings
RULE 1. GENERAL REGULATIONS
A. Each Grievance Panel
shall meet to consider complaints and other appropriate matters as often
as the Panel deems necessary to properly and expeditiously discharge its
duties.
B. All decisions of a Panel shall be by majority vote of
those present and voting. Two members shall constitute a quorum. In the
event of a tie vote, a Panel member or alternate shall be designated by
the two voting members to review the entire record of the complaint and
cast the deciding vote.
C. All decisions of a Panel shall be in
writing and mailed to the Complainant and Respondent involved, and to
Disciplinary Counsel if involved pursuant to Practice Book §2-29(f).
D. All matters received by a Panel shall be confidential except as
otherwise provided by law.
E. Each Grievance Panel shall
investigate all complaints against attorneys forwarded to it. A decision
by a Complainant to withdraw a complaint after its filing shall not
operate as a withdrawal of the complaint or terminate the grievance
process. Each Grievance Panel shall discharge its functions under the
rules of the Superior Court regardless of a Complainant's decision not
to pursue the complaint.
F. A Grievance Panel shall not review
for the purposes of determining whether there exists probable cause
complaints initiated by it pursuant to Practice Book §§2-29(e)(1) and
2-32(a). Such complaints shall be forwarded for investigation and
determination of probable cause pursuant to Practice Book §2-32(e)-(i)
to a Grievance Panel other than the one initiating the complaint.
G. In accordance with Practice Book §2-32(i), the Respondent shall file
a written answer to the grievance complaint with Grievance Counsel.
Grievance Counsel shall thereafter forward a copy of the answer to the
Complainant, and to Disciplinary Counsel if involved under Practice Book
§§2-29(f) and 2-32(f) and shall provide a date by which the Complainant
and Disciplinary Counsel may file a reply to the Respondent’s answer
with Grievance Counsel. Any further responses shall be at the
discretion of the Grievance Panel. Grievance Counsel shall forward
a copy of any submissions filed by the Complainant and Disciplinary
Counsel to the Respondent, and any submissions filed by the Respondent
to the Complainant and Disciplinary Counsel. All responses filed
with the Grievance Panel by the Complainant, Disciplinary Counsel, and
the Respondent must contain an original and six copies.
H.
Except for materials filed by Disciplinary Counsel, the Statewide Bar
Counsel, the Statewide Grievance Committee or a reviewing committee
thereof, or a Grievance Panel, no materials sent to the Grievance Panel
investigating the complaint, including, but not limited to the complaint
and the answer shall include personal identifying information as defined
by Practice Book §4-7. The person filing any materials with personal
identifying information must redact them. The Grievance Panel or
its counsel may redact materials that do not follow this rule.
I. Except for materials filed by Disciplinary Counsel, the Statewide Bar
Counsel, the Statewide Grievance Committee or a reviewing committee
thereof, or a Grievance Panel, no materials sent to the Grievance Panel
investigating the complaint, including the complaint and the answer,
shall include hospital, psychiatric or medical records. If a
Complainant, Respondent or Disciplinary Counsel pursuing the matter
under Practice Book §2-32(f) want to file a hospital, psychiatric or
medical record with the Grievance Panel, then the record(s) must be
filed in a sealed envelope, that has the case name and number and the
name of the person filing it written on the envelope. The
record(s) must be accompanied by a written statement explaining how the
material(s) is relevant and how it will help prove the complaint or a
defense to the complaint.
(1) The Grievance Panel and its
counsel will determine whether the written statement of the person who
filed the hospital, psychiatric or medical record(s) establishes that
the material(s) is relevant and will help prove the complaint or a
defense to the complaint. If the written statement does not
demonstrate why the hospital, psychiatric or medical record(s) is
relevant and how it will help prove the complaint or a defense to the
complaint, the record(s) will be returned to the person who filed them,
and no copy will be kept as part of the Grievance Panel’s record.
(2)
If the written statement establishes that the hospital, psychiatric or
medical record(s) is relevant and will help prove the complaint or a
defense to the complaint, then the Grievance Panel will review the
record(s) with its counsel in private. If upon review of the
record, the Grievance Panel determines that the record(s) is not
relevant despite the written statement of the person filing it, then the
record(s) will be retuned and no copy will be kept as part of the
Grievance Panel’s record.
(3) If after reviewing the record(s) in
accordance with subsection (2), the Grievance Panel determines that the
record(s) is relevant but more harmful or prejudicial than helpful in
proving the complaint or a defense to the complaint, then the record(s)
will be returned to the person who filed them, and no copy of it will be
kept as part of the Grievance Panel’s record. If the Grievance
Panel decides that the record(s) is relevant and that it is more helpful
in proving the complaint or a defense to the complaint than harmful or
prejudicial, then it will become a part of the Grievance Panel record
and Grievance Counsel will give a copy of it to the other participants.
Nothing in this rule prevents a Complainant, Respondent, Disciplinary
Counsel or a witness from raising an objection to the use of any
hospital, psychiatric or medical record.
J. A Grievance Panel's
written determination that probable cause exists that the attorney is
guilty of misconduct, filed pursuant to Practice Book §2-32(i), shall
include but not be limited to the following:
1. A list of the
specific Rules of Professional Conduct and/or Practice Book Sections
considered by the Panel in reviewing the matter;
2. A brief
discussion of the facts of the matter as applied to the specific Rules
and Sections; and
3. The specific Rule or Rules of Professional
Conduct and/or Practice Book Section or Sections upon which the probable
cause determination is predicated.
K. A Grievance Panel's
written determination that probable cause does not exist that the
attorney is guilty of misconduct, filed pursuant to Practice Book
§2-32(i), shall include but not be limited to the following:
1.
A list of specific Rules of Professional Conduct and/or Practice Book
Sections considered by the Panel in rendering its determination; and
2. A brief discussion of the facts of the matter as applied to the
specific Rules and/or Sections.
L. In any matter referred by the
Statewide Grievance Committee or its counsel to a Grievance Panel for
investigation, including overdraft notifications, said Grievance Panel
shall complete its investigation within the same time frame as set forth
for the investigation of grievance complaints under Practice Book
§2-32(i).
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RULE 2. INVESTIGATIVE
HEARINGS
A. In all matters in which a hearing is held by a
Grievance Panel, the Complainant and the Respondent, and Disciplinary
Counsel if involved pursuant to Practice Book §2-29(f), shall be sent a
notice of the hearing by the Panel's Grievance Counsel by first class
mail. The notice shall include a statement of the time and place of the
hearing and that the hearing shall be on the record. The hearing shall
not be open to the public unless the Respondent so requests pursuant to
Practice Book §2-32(g).
B. The Grievance Panel in its discretion
may grant a continuance only for good cause shown.
C. At
investigative hearings:
1. Any oral or documentary evidence may
be received but the Grievance Panel shall exclude irrelevant, immaterial
or unduly repetitious evidence.
2. When a hearing will be
expedited and the interests of the Complainant and the Respondent will
not be prejudiced substantially, any part of the evidence may be
received in written form.
3. Documentary evidence may be
received in the form of copies or excerpts if the original is not
readily available. If the request is reasonable and timely, the
Complainant, or Disciplinary Counsel if involved pursuant to Practice
Book §2-29(f), and the Respondent may be given an opportunity to compare
the copy with the original.
4. A Complainant, or Disciplinary
Counsel if involved pursuant to Practice Book §2-29(f), and Respondent
may conduct direct and cross examinations of witnesses only at the
discretion of the hearing body.
D. Unless the Grievance Panel
determines that a witness is necessary to the resolution of a complaint,
it shall be the responsibility of the Complainant, or Disciplinary
Counsel if involved pursuant to Practice Book §2-29(f), and the
Respondent by subpoena or otherwise to secure the presence of witnesses.
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