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Section 2-38.Appeal from Decision of Statewide Grievance Committee or Reviewing Committee Imposing Sanctions or Conditions

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis rule sets the procedure for a respondent attorney to appeal to the Superior Court a decision imposing sanctions or conditions, covering filing deadlines, the stay of enforcement, the record, briefing, and the standard of review.

Full Text of Section 2-38

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) A respondent may appeal to the Superior Court a decision by the Statewide Grievance Committee or a reviewing committee imposing sanctions or conditions against the respondent, in accordance with Section 2-37 (a). A respondent may not appeal a decision by a reviewing committee imposing sanctions or conditions against the respondent if the respondent has not timely requested a review of the decision by the Statewide Grievance Committee under Section 2-35 (k). Within thirty days from the issuance, pursuant to Section 2-36, of the decision of the Statewide Grievance Committee, the respondent shall: (1) file the appeal with the clerk of the Superior Court for the judicial district of Hartford and (2) mail a copy of the appeal by certified mail, return receipt requested or with electronic delivery confirmation, to the Office of the Statewide Bar Counsel as agent for the Statewide Grievance Committee and to the Office of the Chief Disciplinary Counsel.
(b) Enforcement of a final decision imposing sanctions or conditions against the respondent pursuant to Section 2-35 (i) or Section 2-35 (m), including the publication of the notice of a reprimand in accordance with Section 2-54, shall be stayed for thirty days from the issuance to the parties of such decision. If within that period the respondent files with the Statewide Grievance Committee a request for review of the reviewing committee’s decision, the stay shall remain in effect for thirty days from the issuance by the Statewide Grievance Committee of its final decision pursuant to Section 2-36. If the respondent timely commences an appeal pursuant to subsection (a) of this section, such stay shall remain in full force and effect until the conclusion of all proceedings, including all appeals, relating to the decision imposing sanctions or conditions against the respondent. If at the conclusion of all proceedings, the decision imposing sanctions or conditions against the respondent is rescinded, the complaint shall be deemed dismissed as of the date of the decision imposing sanctions or conditions against the respondent. An application to terminate the stay may be made to the court and shall be granted if the court is of the opinion that the appeal is taken only for delay or that the due administration of justice requires that the stay be terminated.
(c) Within thirty days after the service of the appeal, or within such further time as may be allowed by the court, the statewide bar counsel shall transmit to the reviewing court a certified copy of the entire record of the proceeding appealed from, which shall include the grievance panel’s record in the case, as defined in Section 2-32 (i), and a copy of the Statewide Grievance Committee’s record or the reviewing committee’s record in the case, which shall include a transcript of any testimony heard by it or by a reviewing committee which is required by rule to be on the record, any decision by the reviewing committee in the case, any requests filed pursuant to Section 2-35 (k) of this section, and a copy of the Statewide Grievance Committee’s decision on the request for review. By stipulation of all parties to such appeal proceedings, the record may be shortened. The court may require or permit subsequent corrections or additions to the record.
(d) The appeal shall be conducted by the court without a jury and shall be confined to the record. If alleged irregularities in procedure before the Statewide Grievance Committee or reviewing committee are not shown in the record, proof limited thereto may be taken in the court. The court, upon request, shall hear oral argument.
(e) The respondent shall file a brief within thirty days after the filing of the record by the statewide bar counsel. The disciplinary counsel shall file his or her brief within thirty days of the filing of the respondent’s brief. Unless permission is given by the court for good cause shown, briefs shall not exceed thirty-five pages.
(f) Upon appeal, the court shall not substitute its judgment for that of the Statewide Grievance Committee or reviewing committee as to the weight of the evidence on questions of fact. The court shall affirm the decision of the committee unless the court finds that substantial rights of the respondent have been prejudiced because the committee’s findings, inferences, conclusions, or decisions are: (1) in violation of constitutional provisions, rules of practice or statutory provisions; (2) in excess of the authority of the committee; (3) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. If the court finds such prejudice, it shall sustain the appeal and, if appropriate, rescind the action of the Statewide Grievance Committee or take such other action as may be necessary. For purposes of further appeal, the action taken by the Superior Court hereunder is a final judgment.
(g) In all appeals taken under this section, costs may be taxed in favor of the Statewide Grievance Committee in the same manner, and to the same extent, that costs are allowed in judgments rendered by the Superior Court. No costs shall be taxed against the Statewide Grievance Committee, except that the court may, in its discretion, award to the respondent reasonable fees and expenses if the court determines that the action of the committee was undertaken without any substantial justification. ‘‘Reasonable fees and expenses’’ means any expenses not in excess of $7500 which the court finds were reasonably incurred in opposing the committee’s action, including court costs, expenses incurred in administrative proceedings, attorney’s fees, witness fees of all necessary witnesses, and such other expenses as were reasonably incurred.
End

Amendment History

(P.B. 1978-1997, Sec. 27N.) (Amended June 29, 1998, to take effect Sept. 1, 1999; amended June 28, 1999, to take effect Jan. 1, 2000; amended June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003; amended June 30, 2003, to take effect Oct. 1, 2003; Sept. 30, 2003, effective date of two prior amendments changed to Jan. 1, 2004; amended June 29, 2007, to take effect Jan. 1, 2008; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 14, 2013, to take effect Jan. 1, 2014; amended June 13, 2014, to take effect Jan. 1, 2015.)

Plain-English Summary

A respondent may appeal a decision by the Statewide Grievance Committee or a reviewing committee imposing sanctions or conditions under Section 2-37 (a), but only after timely requesting review by the committee under Section 2-35 (k) first. Within thirty days of the committee's Section 2-36 decision, the respondent must file the appeal with the clerk of the Superior Court for the judicial district of Hartford and mail a copy to the Office of the Statewide Bar Counsel and the Office of the Chief Disciplinary Counsel.

Enforcement of a final decision imposing sanctions, including publishing a reprimand notice, is stayed for thirty days from issuance. If the respondent timely requests review, the stay continues through the committee's Section 2-36 decision, and if the respondent then timely appeals, the stay remains in effect through all proceedings and appeals. If the sanctions decision is ultimately rescinded, the complaint is deemed dismissed as of the date the sanctions were originally imposed. A party may ask the court to terminate the stay, and the court must grant that request if it finds the appeal was taken only for delay or that the due administration of justice requires ending the stay.

The statewide bar counsel must transmit the certified record to the court within thirty days after service of the appeal, and the parties can stipulate to shorten it. The appeal is decided by the court without a jury, confined to the record, though the court may take proof of unrecorded procedural irregularities and will hear oral argument on request. The respondent files a brief within thirty days of the record's filing, and disciplinary counsel files a brief thirty days after that; briefs are capped at thirty-five pages absent court permission. The court cannot substitute its judgment on the weight of the evidence, and must affirm unless it finds the respondent's substantial rights were prejudiced on one of six listed grounds. If it finds prejudice, the court sustains the appeal and rescinds the committee's action or takes other necessary action; that action is a final judgment for further appeal purposes. Costs may be taxed in the committee's favor as in ordinary Superior Court judgments, but never against the committee, except the court may award the respondent reasonable fees and expenses — capped at $7,500 — if it finds the committee's action lacked substantial justification.

Frequently Asked Questions

How long does a respondent have to appeal a sanctions decision?

The respondent must file the appeal within thirty days of the Statewide Grievance Committee’s Section 2-36 decision, with the clerk of the Superior Court for the judicial district of Hartford.

Is enforcement of the sanctions paused during an appeal?

Yes. Enforcement is stayed for thirty days from the decision, and if the respondent timely seeks review and then appeals, the stay stays in effect through all proceedings and appeals.

What standard does the Superior Court use to review the committee’s decision?

The court will not substitute its judgment on the weight of the evidence and must affirm the decision unless the respondent’s substantial rights were prejudiced under one of six specific grounds listed in the rule, such as unlawful procedure or clearly erroneous findings.

Can a respondent recover attorney’s fees if the appeal succeeds?

The court may, in its discretion, award the respondent reasonable fees and expenses up to $7,500 if it finds the committee’s action was undertaken without substantial justification.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 2-38). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: appeal attorney discipline decision CTappeal grievance committee sanctions Connecticutstay of attorney discipline enforcementSuperior Court review of grievance committeeattorney fees appeal grievance committee