Section 2-34A.Disciplinary Counsel
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 2-34A
Amendment History
(Adopted June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003, and amended on an interim basis, pursuant to the provisions of Section 1-9 (c), to take effect Oct. 1, 2003, and amendment adopted June 30, 2003, to take effect Oct. 1, 2003; Sept. 30, 2003, effective date of adopted rule and amendment changed to Jan. 1, 2004; amended June 21, 2004, to take effect Jan. 1, 2005; amended June 15, 2012, to take effect Jan. 1, 2013; amended June 12, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: Prior to 2026, the second and third sentences of subsection (a) read: ‘‘The chief disciplinary counsel and the disciplinary counsel shall be appointed by the judges of the Superior Court for a term of one year commencing July 1, except that initial appointments shall be from such date as the judges determine through the following June 30. In the event that a vacancy arises in any of these positions before the end of a term, the executive committee of the Superior Court may appoint a qualified individual to fill the vacancy for the balance of the term.’’
Rules Committee Commentary
Plain-English Summary
This rule establishes a chief disciplinary counsel and additional disciplinary counsel and staff as needed, all appointed by the chief court administrator, who also fills any vacancies. These positions are assigned to the Office of the Chief Court Administrator for administrative purposes, and disciplinary counsel cannot engage in the private practice of law. Wherever the rules refer to “disciplinary counsel,” that term covers either the chief disciplinary counsel or any disciplinary counsel.
Disciplinary counsel's duties include investigating complaints that a grievance panel has forwarded to the Statewide Grievance Committee after finding probable cause, and pursuing those matters before the committee or a reviewing committee. When a panel finds no probable cause but forwards a complaint anyway because it alleges a crime, and the committee or a reviewing committee decides to hold a hearing, disciplinary counsel presents that matter too. Disciplinary counsel can also discuss and negotiate a disposition with the respondent or the respondent's attorney, subject to approval; remove irrelevant material from a complaint file before permitting discovery; add additional allegations of misconduct to a probable-cause finding; subpoena witnesses for hearings; recommend dispositions after a hearing concludes; prepare and file presentment complaints in Superior Court at the committee's request and prosecute them; pursue matters before a grievance panel on the issue of probable cause when the panel asks; and investigate and prosecute complaints involving unauthorized practice of law under General Statutes § 51-88.
Frequently Asked Questions
What is the role of disciplinary counsel in Connecticut attorney discipline?
Disciplinary counsel investigates and pursues attorney misconduct complaints before grievance panels, reviewing committees, and the Statewide Grievance Committee, and prosecutes presentment cases in Superior Court.
Can disciplinary counsel practice law privately while serving?
No. The rule states that disciplinary counsel shall not engage in the private practice of law while serving in that role.
Who appoints the chief disciplinary counsel?
The chief court administrator appoints the chief disciplinary counsel and any disciplinary counsel, and fills vacancies in those positions.
Can disciplinary counsel add new allegations to a case after probable cause is found?
Yes, under the process described in Section 2-35, disciplinary counsel may add additional allegations of misconduct to a grievance panel’s probable cause determination.
COMMENTARY—2026: The changes to this section are consistent with the current duties and responsibilities of and properly undertaken by the Chief Court Administrator and are consistent with the provisions of No. 24-108 of the 2024 Public Acts, An Act Concerning Court Operations and Administrative Proceedings, which, among other things, consolidated under the Chief Court Administrator the responsibility for many personnel and administrative matters that historically were acted on by the Executive Committee and/or the judges of the Superior Court.