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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (122)

Full Text

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roborating this allegation. See Rules of Professional
          Conduct 8.2 (a).14
             The respondent also referenced an incident in the
          Cimmino matter in which her client had received a
          favorable jury verdict. She alleged that after confront-
          ing Judge Bellis about having communications with
          opposing counsel in a different matter, the trial judge
          in Cimmino appeared to have a discussion with Judge
          Bellis about Cimmino and that the jury verdict was
          set aside shortly thereafter. [Respondent’s Ex. G]. In
          support of this claim, the respondent testified, ‘‘[i]n my
          mind, it appeared to me that the change was because of
          a conversation I had with Judge Bellis.’’ [Tr. 4 112:12–13,
          Miller]. In her posthearing brief, the respondent referred
          to it as ‘‘an unexplainable reversal’’ and that ‘‘[t]here is
          a reasonable inference that this request came at the
          request of the presiding judge.’’ [Respondent’s posthear-
          ing brief, p. 12]. The clear implication is that Judge
          Bellis persuaded or pressured a trial judge to reverse
          a jury’s decision and to have the verdict set aside. No
          other evidence was presented in support of this claim.
          The court gives little weight to this testimony as it is
          simply rank speculation and opinion on her part.
             Lastly, the court may consider the respondent’s expe-
          rience in the practice of law. The respondent has been
          an attorney since 1980 and has been a solo practitioner
          in Connecticut since 2002. [Respondent’s Ex. K].15 She
          has practiced in both federal and state court and worked
          for executive agencies at the state and federal level.
            14
                Rule 8.2 (a) of the Rules of Professional Conduct provides: ‘‘A lawyer
          shall not make a statement that the lawyer knows to be false or with reckless
          disregard as to its truth or falsity concerning the qualifications or integrity
          of a judge, adjudicatory officer or public legal officer, or of a candidate for
          election or appointment to judicial or legal office.’’ Such comments are
          sufficient on their own to establish a basis for discipline of an attorney. See
          Statewide Grievance Committee v. Burton, 299 Conn. 405, 413, 10 A.3d
          507 (2011).
            15
               See footnote 3 above.
November 3, 2020          CONNECTICUT LAW JOURNAL                          Page 75