Rule 2-40. Discipline of Attorneys Found Guilty of Serious Crimes in Connecticut

(a) The term ''serious crime,'' as used herein, shall mean any felony, any larceny, 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 herein defined resulting from either a plea of guilty or nolo contendere, or from a verdict after trial, and regardless of the pendency of any appeal.

(c) The clerk of the Superior Court in which an attorney is found guilty of any crime shall transmit a certified copy of the finding of guilt, docket sheet, or other proof of the finding of guilt to the disciplinary counsel and to the Statewide Grievance Committee.

(d) Notwithstanding any obligation imposed upon the clerk by subsection (c) of this section, any attorney found guilty of any crime 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. An attorney's failure to send timely written notice of his or her finding of guilt required by this section shall constitute misconduct.

(e) Upon receipt of proof of the finding of guilt, 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, pursuant to Section 2-47, file a presentment against the attorney predicated upon the finding of guilt. A certified copy of the finding of guilt shall be conclusive evidence of the commission of that crime in any disciplinary proceeding based upon the finding of guilt. No entry fee shall be required for proceedings hereunder.

(f) A presentment filed pursuant to this section shall be heard, where practical, by the judge who presided at the proceeding in which the attorney was found guilty. 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) Immediately upon receipt of proof of the finding of guilt of an attorney of a serious crime, as defined herein, the disciplinary counsel may also apply to the court for an order of interim suspension. If the attorney was or will be sentenced to a term of incarceration, disciplinary counsel shall seek a suspension during the term of incarceration. The court may, in its discretion, enter an order immediately placing the attorney on interim suspension pending final disposition of a presentment filed pursuant to this section. Thereafter, for good cause shown, the court may, 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 upon 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.

(j) If an attorney disciplined solely under the provisions of this section demonstrates to the court that the underlying finding of guilt was later vacated or reversed, the court shall vacate any disciplinary order entered pursuant to the finding of guilt, and place the attorney on active status. 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.

Committee Notes

(Amended June 13, 2014, to take effect Oct. 1, 2014.) (P.B. 1978-1997, Sec. 28B.) (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 13, 2014, to take effect Oct. 1, 2014.)