CHAPTER 7 - 7-7 APPEALS FROM COMMITTEE SANCTIONS

• Jurisdiction: United States

7-7 Appeals from Committee Sanctions

7-7:1 Request for Review

A respondent attorney wishing to appeal a disciplinary order issued pursuant to Practice Book 2-37 must first file a request for review with the Grievance Committee within 30 days of the decision imposing discipline.¹⁸³ Grounds for review include that the decision violated one or more constitutional rights, rules of practice or statutory provisions, in excess of the authority of the Committee, made upon unlawful procedure, affected by other error of law, clearly erroneous in view of reliable, probative and substantial evidence in the record or arbitrary or capricious or characterized by an abuse of discretion.¹⁸⁴ The request must be filed with bar counsel with a copy served on Disciplinary Counsel.¹⁸⁵ Disciplinary Counsel has 14 days to file a response.¹⁸⁶ The matter then must be acted upon by the Grievance Committee within 60 days.¹⁸⁷ Compliance with the request for review procedure is mandatory as a prerequisite to the right to file an appeal.¹⁸⁸

7-7:2 Appeal to Court

A respondent attorney has 30 days after a ruling on a request for review to file an appeal or a disciplinary order.¹⁸⁹ Grievance appeals have their own procedure and the Uniform Administrative Procedures Act does not apply.¹⁹⁰ The appeal must be filed in the Hartford Judicial District.¹⁹¹ A copy of the appeal must be mailed to bar counsel.¹⁹²

Within 30 days of the filing of an appeal, bar counsel must file the record of the matter with the court.¹⁹³ Within 30 days of the filing of the record, the appellant must file a brief.¹⁹⁴ Disciplinary Counsel must file a reply brief 30 days after the appellant's brief s filed.¹⁹⁵ Such appeals are heard by the court.¹⁹⁶

The court must affirm the Committee's decision unless it finds that substantial rights of the respondent were prejudiced because the Committee's findings, inferences, conclusions or decision violated constitutional rights, rules of practice or statutory provisions; in excess of the authority of the Committee; made upon unlawful procedure; affected by other error of law; clearly erroneous in view of reliable, probative and substantial evidence in the record or arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion.¹⁹⁷

In ruling on an appeal of a disciplinary order, the standard of review is "clearly erroneous."¹⁹⁸ If the court finds error, it may sustain the appeal, and may also rescind any order of the Grievance...