What is the "Three Strikes in Five Years" Rule that could lead to an Automatic Presentment in Court?
Connecticut has a "three strikes" rule regarding lawyers.
Pursuant to Connecticut Practice Book Section 2-47 (d) (1), any lawyer who is guilty of misconduct AND has been the subject of discipline three or more times in the five years before that current grievance complaint SHALL be presented to the Superior Court. A Judge of the Superior Court would then determine what punishment, if any, shall be imposed.
Example: assume a lawyer has three reprimands arising from three complaints filed between 1/1/2004 and 12/31/2008. If that lawyer gets grieved in 2009 and that complaint results in discipline, the lawyer SHALL be presented to the court for disposition.
Obviously, if you have already been the subject of discipline in the past, it is imperative that you vigorously defend yourself against any subsequent grievance complaints so that you don't face the potential problems of this "three strikes" rule.
Here is the full text of Section 2-47 (d) (1):
"If a determination is made by the statewide grievance committee or a reviewing committee that a respondent is guilty of misconduct and such misconduct does not otherwise warrant a presentment to the superior court, but the respondent has been disciplined pursuant to these rules by the statewide grievance committee, a reviewing committee or the court at least three times pursuant to complaints filed within the five year period preceding the date of the filing of the grievance complaint that gave rise to such finding of misconduct in the instant case, the statewide grievance committee or the reviewing committee shall direct the disciplinary counsel to file a presentment against the respondent in the superior court. Service of the matter shall be made as in civil actions. The statewide grievance committee or the reviewing committee shall file with the court the record in the matter and a copy of the prior discipline issued against the respondent within such five year period. The sole issue to be determined by the court upon the presentment shall be the appropriate action to take as a result of the nature of the misconduct in the instant case and the cumulative discipline issued concerning the respondent within such five year period. Such action shall be in the form of a judgment dismissing the complaint or imposing discipline as follows: reprimand, suspension for a period of time, disbarment or such other discipline as the court deems appropriate. This may include conditions to be fulfilled by the respondent before he or she may apply for readmission or reinstatement. This subsection shall apply to all findings of misconduct issued from the day of enactment forward and the determination of presentment shall consider all discipline pursuant to complaints filed within the five year period preceding the date of the filing of the grievance complaint that gave rise to the finding of misconduct even if they predate the effective date of these rules."
If you have any questions or concerns about how this rule might affect your Connecticut law license, please contact an experience Connecticut Grievance Defense Lawyer. Call Atty. Ron Murphy at 860-348-1900 for a free initial consultation.
Pursuant to Connecticut Practice Book Section 2-47 (d) (1), any lawyer who is guilty of misconduct AND has been the subject of discipline three or more times in the five years before that current grievance complaint SHALL be presented to the Superior Court. A Judge of the Superior Court would then determine what punishment, if any, shall be imposed.
Example: assume a lawyer has three reprimands arising from three complaints filed between 1/1/2004 and 12/31/2008. If that lawyer gets grieved in 2009 and that complaint results in discipline, the lawyer SHALL be presented to the court for disposition.
Obviously, if you have already been the subject of discipline in the past, it is imperative that you vigorously defend yourself against any subsequent grievance complaints so that you don't face the potential problems of this "three strikes" rule.
Here is the full text of Section 2-47 (d) (1):
"If a determination is made by the statewide grievance committee or a reviewing committee that a respondent is guilty of misconduct and such misconduct does not otherwise warrant a presentment to the superior court, but the respondent has been disciplined pursuant to these rules by the statewide grievance committee, a reviewing committee or the court at least three times pursuant to complaints filed within the five year period preceding the date of the filing of the grievance complaint that gave rise to such finding of misconduct in the instant case, the statewide grievance committee or the reviewing committee shall direct the disciplinary counsel to file a presentment against the respondent in the superior court. Service of the matter shall be made as in civil actions. The statewide grievance committee or the reviewing committee shall file with the court the record in the matter and a copy of the prior discipline issued against the respondent within such five year period. The sole issue to be determined by the court upon the presentment shall be the appropriate action to take as a result of the nature of the misconduct in the instant case and the cumulative discipline issued concerning the respondent within such five year period. Such action shall be in the form of a judgment dismissing the complaint or imposing discipline as follows: reprimand, suspension for a period of time, disbarment or such other discipline as the court deems appropriate. This may include conditions to be fulfilled by the respondent before he or she may apply for readmission or reinstatement. This subsection shall apply to all findings of misconduct issued from the day of enactment forward and the determination of presentment shall consider all discipline pursuant to complaints filed within the five year period preceding the date of the filing of the grievance complaint that gave rise to the finding of misconduct even if they predate the effective date of these rules."
If you have any questions or concerns about how this rule might affect your Connecticut law license, please contact an experience Connecticut Grievance Defense Lawyer. Call Atty. Ron Murphy at 860-348-1900 for a free initial consultation.