Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)

Citation: Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
Parent Document: Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
Jurisdiction: Connecticut (state)
Effective Date: 2020-04-27
Original Source: https://www.courtlistener.com/opinion/4801014/office-of-chief-disciplinary-co... ↗

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pursuant to Practice Book § 1-8. Given that the peti-
          tioner filed no objection to it, the court considers the
          amendment to have become effective pursuant to Prac-
          tice Book § 10-60 (a) (3).
                                          II
                            STATEMENT OF LAW
              The court has jurisdiction to hear such matters based
          on its inherent authority to discipline counsel, as well
          as pursuant to the provisions of Practice Book § 2-45.
          ‘‘It is fundamental that [t]he Superior Court possesses
          inherent authority to regulate attorney conduct and to
          discipline the members of the bar.’’ (Internal quotation
          marks omitted.) O’Brien v. Superior Court, 105 Conn.
          App. 774, 783, 939 A.2d 1223, cert. denied, 287 Conn.
          901, 947 A.2d 342 (2008). As to the standard of proof
          ‘‘in a matter involving attorney discipline, no sanction
          may be imposed unless a violation of the Rules of Pro-
          fessional Conduct has been established by clear and
          convincing evidence.’’ State v. Perez, 276 Conn. 285,
          307, 885 A.2d 178 (2005).
             There are statutory provisions and rules of practice
          applicable to reviewing claims of attorney misconduct.
          General Statutes § 51-80 provides in relevant part: ‘‘The
          Superior Court may admit and cause to be sworn as
          attorneys such persons as are qualified therefor, in
          accordance with the rules established by the judges of
          the Superior Court. . . .’’ General Statutes § 51-84 (a)
          provides in relevant part: ‘‘Attorneys admitted by the
          Superior Court . . . shall be subject to the rules and
          orders of the courts before which they act.’’ Practice
          Book § 2-47 (a) provides in relevant part: ‘‘Presentment
          of attorneys for misconduct . . . shall be made by writ-
          ten complaint of the disciplinary counsel. . . .’’
            Attorney ‘‘[d]isciplinary proceedings are for the pur-
          pose of preserving the courts from the official ministra-
November 3, 2020          CONNECTICUT LAW JOURNAL                          Page 37

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