Rule 2-34A. Disciplinary Counsel

(a) There shall be a chief disciplinary counsel and such disciplinary counsel and staff as are necessary. The chief disciplinary counsel and the disciplinary counsel shall be appointed by the chief court administrator. In the event that a vacancy arises in any of these positions, the chief court administrator will fill the vacancy. The chief disciplinary counsel and disciplinary counsel shall be assigned to the Office of the Chief Court Administrator for administrative purposes and shall not engage in the private practice of law. The term ''disciplinary counsel'' as used in the rules for the Superior Court shall mean the chief disciplinary counsel or any disciplinary counsel.

(b) In addition to any other powers and duties set forth in this chapter, disciplinary counsel shall:

(1) Investigate each complaint which has been forwarded, after a determination that probable cause exists that the respondent is guilty of misconduct, by a grievance panel to the Statewide Grievance Committee for review pursuant to Section 2-32 (i) and pursue such matter before the Statewide Grievance Committee or reviewing committee. When, after a determination of no probable cause by a grievance panel, a complaint is forwarded to the Statewide Grievance Committee because it contains an allegation that the respondent committed a crime, and the Statewide Grievance Committee or a reviewing committee determines that a hearing shall be held concerning the complaint pursuant to Section 2-35 (c), the disciplinary counsel shall present the matter to such committee.

(2) Pursuant to Section 2-82, discuss and may negotiate a disposition of the complaint with the respondent or, if represented by an attorney, the respondent's attorney, subject to the approval of the Statewide Grievance Committee or a reviewing committee or the court.

(3) Remove irrelevant information from the complaint file and thereafter permit discovery of information in the file.

(4) Pursuant to Section 2-35, add additional allegations of misconduct to the grievance panel's determination that probable cause exists that the respondent is guilty of misconduct.

(5) Have the power to subpoena witnesses for any hearing before a grievance panel, a reviewing committee or the Statewide Grievance Committee convened pursuant to these rules.

(6) In his or her discretion, recommend dispositions to the Statewide Grievance Committee or the reviewing committee after the hearing on a complaint is concluded.

(7) At the request of the Statewide Grievance Committee or a reviewing committee, prepare and file complaints initiating presentment proceedings in the Superior Court, whether or not the alleged misconduct occurred in the actual presence of the court, and prosecute same.

(8) At the request of a grievance panel made pursuant to Section 2-29, pursue the matter before the grievance panel on the issue of probable cause.

(9) Investigate and prosecute complaints involving the violation by any person of General Statutes § 51-88.

Committee Notes

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 sen- tences 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.'' 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 per- sonnel and administrative matters that historically were acted on by the Executive Committee and/or the judges of the Supe- rior Court.