CHAPTER 7 - 7-11 SUSPENSION AND DISBARMENT

• Jurisdiction: United States

7-11 Suspension and Disbarment

While disbarment and suspension have different connotations, in many respects they are the same. Any period of suspension in excess of one year is treated the same as a disbarment for the purposes of a reinstatement petition.²⁵⁵ A court may condition reinstatement from a period of suspension of less than a year upon an application for reinstatement.²⁵⁶

Disbarments in Connecticut are not permanent.²⁵⁷ However, an attorney who was disbarred or who resigned during a disciplinary proceeding may not apply for read-mission for five years.²⁵⁸ Attorneys who are suspended, disbarred or placed an inactive status are considered "deactivated" and may neither practice law nor work as a paralegal, except as permitted by an order of the court.²⁵⁹

7-11:1 Return to Practice After Suspension or Disbarment

Any attorney who wishes to return to active practice after a period of suspension in excess of a year or after a disbarment must petition for reinstatement.²⁶⁰

Unless otherwise ordered by a court, a reinstatement petition must contain proof that (1) the applicant is in compliance with Practice Book 2-27(d), 2-70 and 2-80; (2) is no longer the subject of any pending disciplinary proceedings or investigations; (3) as passed the Multistate Professional Responsibility Examination (MPRE) not more than six months prior to the filing of the application; (4) has successfully completed any criminal sentence including a sentence of incarceration, probation, parole, supervised release, or period of sex offender registration and has fully complied with any orders regarding conditions, restitution, criminal penalties or fines; (5) as fully complied with all conditions imposed pursuant to the order of discipline²⁶¹ and (6) the bar examining committee has received an application fee.²⁶²

The application is then referred by the clerk of the superior court where it is filed to the chief justice or designee, who shall refer the matter to a standing committee on recommendations for admission to the bar whose members do not maintain their primary office in the same judicial district as the applicant.

The standing committee must then hold hearings, take testimony under oath and issue a report to the court.²⁶³ The committee must include with its report its record and a recommendation that the application be granted, granted with conditions, or denied.²⁶⁴ The matter is then considered by a panel of three judges.²⁶⁵

In one readmission case, the Standing...