Sec. 51-90g. Review of panel's determination by subcommittee or State-Wide Grievance Committee.
Sec. 51-90g. Review of panel's determination by subcommittee or State-Wide
Grievance Committee. (a) The State-Wide Grievance Committee may designate at
least three members of the committee, including at least one-third who are not attorneys,
to serve as a reviewing subcommittee for each determination made by a panel on a
complaint. The committee shall regularly rotate membership on reviewing subcommittees and assignments of complaints from the various judicial districts. The State-Wide
Grievance Committee or the subcommittee, if any, shall hold a hearing concerning the
complaint if the panel determined that probable cause exists that the attorney is guilty
of misconduct. If the grievance panel determined that probable cause does not exist that
the attorney is guilty of misconduct, the committee or subcommittee shall review the
determination of no probable cause, take evidence if it deems it appropriate and, if it
determines that probable cause does exist that the attorney is guilty of misconduct, shall
take the following action: (1) If the State-Wide Grievance Committee reviewed the
determination of the grievance panel it shall hold a hearing concerning the complaint
or assign the matter to a subcommittee to hold the hearing; or (2) if a subcommittee
reviewed the determination of the grievance panel it shall hold a hearing concerning
the complaint or refer the matter to the State-Wide Grievance Committee which shall
assign it to another subcommittee to hold the hearing. The committee or subcommittee
shall not make a probable cause determination based, in full or in part, on a claim of
misconduct not alleged in the complaint without first notifying the respondent that it is
considering such action and affording the respondent the opportunity to be heard. An
attorney who maintains his office for the practice of law in the same judicial district as
the respondent may not sit on the reviewing subcommittee for that case.
(b) Any hearing held by the committee or subcommittee shall be public and on the
record. The complainant shall be entitled to be present at all hearings on the complaint
and to have counsel present. At such hearing the respondent shall have the right to
counsel, to be heard in his own defense and to present evidence and witnesses in his
behalf. At the conclusion of the evidence, the complainant and the respondent shall
have the opportunity to make a statement either individually or through counsel. The
committee or subcommittee may request oral argument.
(c) The subcommittee shall conclude any hearing or hearings and shall render its
proposed decision not later than ninety days from the date the panel's determination of
probable cause or no probable cause was filed with the State-Wide Grievance Committee. The subcommittee may file a motion for extension of time not to exceed thirty days
with the State-Wide Grievance Committee which shall grant the motion only for good
cause shown. If the subcommittee does not complete its action on a complaint within
the period of time provided in this section, the State-Wide Grievance Committee shall,
on motion of the complainant or the respondent or on its own motion, inquire into the
delay and determine the appropriate course of action. The failure of the subcommittee
to complete its action on a complaint within the period of time provided in this section
shall not be cause for dismissal of the complaint.
(d) If the subcommittee finds probable cause to believe the attorney has violated
the criminal law of this state it shall report its findings to the State-Wide Grievance
Committee.
(e) The subcommittee may propose in its decision that the complaint be dismissed,
that conditions be imposed in accordance with the rules established by the judges of the
Superior Court, that the attorney be reprimanded or that the attorney be presented to the
Superior Court for reprimand, suspension or disbarment.
(f) The subcommittee shall submit its proposed decision to the State-Wide Grievance Committee, with copies to the complainant and respondent. The proposed decision
shall be a matter of public record.
(g) If, after its review of a complaint pursuant to this section, a subcommittee agrees
with the determination of the grievance panel that probable cause does not exist that the
attorney is guilty of misconduct and there has been no finding of probable cause by the
State-Wide Grievance Committee or a subcommittee, the subcommittee may dismiss
the complaint within the time period set forth in subsection (c) of this section without
review by the committee. The subcommittee shall file its decision dismissing the complaint with the State-Wide Grievance Committee, together with the record of the matter,
and shall send a copy of the decision to the complainant and the respondent. Such decision shall be a matter of public record.
(h) When the committee conducts the hearing or hearings under this section, it shall
render its decision not later than four months from the date the panel's determination
of probable cause or no probable cause was filed with the State-Wide Grievance Committee. The State-Wide Grievance Committee may dismiss the complaint, impose conditions in accordance with the rules established by the judges of the Superior Court, reprimand the respondent or direct the State-Wide Bar Counsel to file a presentment against
the respondent.
(P.A. 85-456, S. 6, 11; P.A. 86-276, S. 8, 15; P.A. 88-152, S. 6; P.A. 93-370, S. 2; P.A. 98-81, S. 18, 20; P.A. 07-217,
S. 188.)
History: P.A. 85-456 effective July 1, 1986; P.A. 86-276 substantially revised or replaced prior provisions re the review
by the state-wide grievance committee of the findings and recommendations of the panel, the holding of public or private
hearings and the rendering within four months of a decision by the committee with provisions re the authority of the
committee to designate subcommittees, the review by the committee or subcommittee of the panel's determination, the
requirement that any hearing be public and on the record, hearing procedures, the rendering of a proposed decision by a
subcommittee within 90 days or a decision of the committee within four months; P.A. 88-152 amended Subsec. (c) to
provide that the failure of the subcommittee to complete its action on a complaint within the specified time period shall
not be cause for dismissal of the complaint; P.A. 93-370 added Subsec. (a) (1) and (2) to specify the action to be taken by
the committee and subcommittee, respectively, when it has reviewed the panel's determination of no probable cause and
determines that probable cause does exist, amended Subsec. (e) to authorize the subcommittee to propose in its decision
that conditions be imposed in accordance with the rules established by the judges of the superior court, inserted a new
Subsec. (g) authorizing the subcommittee to dismiss the complaint in certain circumstances, and relettered the remaining
subsection accordingly, and amended Subsec. (h) to authorize the state-wide grievance committee to impose conditions
in accordance with the rules established by the judges of the superior court; P.A. 98-81 amended Subsec. (a) by prohibiting
committee or subcommittee from making probable cause determination based on claim of misconduct not alleged in
complaint without notifying respondent and affording respondent opportunity to be heard, effective May 22, 1998; P.A.
07-217 made a technical change in Subsec. (g), effective July 12, 2007.
Cited. 211 C. 232. Sec. 51-90 et seq. cited. 215 C. 162. Cited. Id., 469; Id., 517. Cited. 216 C. 228. Cited. 224 C. 29.
Cited. 227 C. 829. Cited. 234 C. 539. Cited. 240 C. 671. P.A. 93-370, S.2 cited. Id.
Cited. 41 CA 671; judgment reversed, see 240 C. 671. Sec. 51-90 cited. Id.; judgment reversed, see 240 C. 671. Cited.
43 CA 265. Sec. 51-90e et seq. cited. Id. Sec. 51-90 et seq. cited. 46 CA 450.
Reviewing committee that heard plaintiff's case was improperly constituted when it acted without a public member.
47 CS 5.
Subsec. (a):
Cited. 227 C. 802. Cited. 235 C. 693. Cited. 239 C. 449.
Subsec. (b):
Cited. 227 C. 802.
Subsec. (c):
Grievance committee's subcommittee to failure to comply with mandates of statutes does not deprive trial court of
subject matter jurisdiction. 211 C. 232. Cited. 219 C. 473. Cited. 220 C. 86. Cited. 227 C. 802.
Subsec. (e):
Cited. 227 C. 802.
Subsec. (g):
Does not establish a jurisdictional constraint; judgment of appellate court in Doe v. State-Wide Grievance Committee,
41 CA 671, reversed. 240 C. 671.