Section 2-39.Reciprocal Discipline

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

In one sentenceWhen another state or court disciplines a Connecticut-admitted lawyer, this rule lets Connecticut impose matching discipline automatically, unless the lawyer proves the original process was unfair or wrong.

Full Text of Section 2-39

Text sizeJump to: (a) (b) (c) (d)

(a) Upon being informed that a lawyer admitted to the Connecticut bar has resigned, been disbarred, suspended or otherwise disciplined, or placed on inactive disability status in another jurisdiction, and that said discipline or inactive disability status has not been stayed, the disciplinary counsel shall obtain a certified copy of the order and file it with the Superior Court for the judicial district wherein the lawyer maintains an office for the practice of law in this state, except that, if the lawyer has no such office, the disciplinary counsel shall file the certified copy of the order from the other jurisdiction with the Superior Court for the judicial district of Hartford. No entry fee shall be required for proceedings hereunder.

(b) Upon receipt of a certified copy of the order, the court shall forthwith cause to be served upon the lawyer a copy of the order from the other jurisdiction and an order directing the lawyer to file within thirty days of service, with proof of service upon the disciplinary counsel, an answer admitting or denying the action in the other jurisdiction and setting forth, if any, reasons why commensurate action in this state would be unwarranted. Such certified copy will constitute prima facie evidence that the order of the other jurisdiction entered and that the findings contained therein are true.

(c) Upon the expiration of the thirty day period the court shall assign the matter for a hearing. After hearing, the court shall take commensurate action unless it is found that the respondent has established by clear and convincing evidence that:

(1) The procedure in the predicate matter was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or

(2) There was such infirmity of proof establishing the misconduct in the predicate matter as to give rise to the clear conviction that the court could not, consistent with its duty, accept as final the conclusion on that subject; or

(3) The discipline imposed would result in grave injustice; or

(4) The misconduct established in the predicate matter warrants substantially different discipline in this state; or

(5) The reason for the original transfer to inactive disability status no longer exists.

(d) Notwithstanding the above, a reciprocal discipline action need not be filed if the conduct giving rise to discipline in another jurisdiction has already been the subject of a formal review by the court or Statewide Grievance Committee.

End

Amendment History

(P.B. 1978-1997, Sec. 28A.) (Amended June 29, 1998, to take effect Sept. 1, 1998; amended August 24, 2001, to take effect Jan. 1, 2002; amended June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003; Sept. 30, 2003, effective date changed to Jan. 1, 2004; amended June 11, 2021, to take effect Jan. 1, 2022.)

Plain-English Summary

When a lawyer admitted in Connecticut is disbarred, suspended, resigned under disciplinary pressure, or placed on inactive disability status in another jurisdiction, the disciplinary counsel files a certified copy of that order with the Superior Court here. Filing goes to the judicial district where the lawyer keeps a law office, or to Hartford if the lawyer has none. No filing fee applies.

The court then serves the lawyer with the other jurisdiction's order and a directive to answer within thirty days, either admitting or denying what happened and explaining why matching discipline shouldn't follow. The certified copy stands as prima facie evidence that the other order was entered and that its findings are true.

Once that thirty-day window closes, the court holds a hearing and imposes commensurate discipline — unless the lawyer proves, by clear and convincing evidence, one of five things: the original proceeding denied due process, the proof behind it was too weak to trust, the discipline would work a grave injustice, the underlying conduct calls for substantially different discipline here, or the reason for an inactive-disability placement no longer exists. The rule also excuses a reciprocal filing altogether if Connecticut's own court or Statewide Grievance Committee already gave the same conduct a formal review.

Frequently Asked Questions

Does Connecticut automatically discipline a lawyer disciplined elsewhere?

Not automatically in the sense of skipping review — the court still serves the lawyer, allows a thirty-day answer, and holds a hearing. But absent one of five specific defenses proven by clear and convincing evidence, the court imposes commensurate discipline.

What can a lawyer argue to avoid reciprocal discipline in Connecticut?

The lawyer can show the original proceeding lacked due process, the proof was too weak to accept, the discipline would cause grave injustice, Connecticut law calls for substantially different discipline, or the basis for an inactive-disability status no longer applies.

Is there a filing fee for a reciprocal discipline proceeding?

No. Section 2-39 (a) states no entry fee is required for these proceedings.

Where does the disciplinary counsel file the out-of-state order?

In the judicial district where the lawyer maintains a Connecticut law office, or in the judicial district of Hartford if the lawyer has no such office.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 2-39). 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: reciprocal discipline Connecticut attorneyout-of-state attorney discipline Connecticutdisbarred in another state Connecticut consequencesattorney inactive disability status another jurisdictioncommensurate discipline lawyer