Rule 2-50. Records of Statewide Grievance Committee, Reviewing Committee and Grievance Panel

(a) The Statewide Grievance Committee shall maintain the record of each grievance proceeding. The record in a grievance proceeding shall consist of the following:

(1) The grievance panel's record as set forth in Section 2-32 (i);

(2) The reviewing committee's record as set forth in Section 2-35 (e);

(3) The Statewide Grievance Committee's record;

(4) Any probable cause determinations issued by the Statewide Grievance Committee or a reviewing committee;

(5) Transcripts of hearings held before the Statewide Grievance Committee or a reviewing committee;

(6) The reviewing committee's proposed decision;

(7) Any statement submitted to the Statewide Grievance Committee concerning a proposed decision;

(8) The Statewide Grievance Committee's final decision;

(9) The reviewing committee's final decision;

(10) Any request for review submitted to the Statewide Grievance Committee concerning a reviewing committee's decision; and

(11) The Statewide Grievance Committee's decision on the request for review.

(b) The following records of the Statewide Grievance Committee shall not be public:

(1) All records pertaining to grievance complaints that have been decided by a local grievance committee prior to July 1, 1986.

(2) All records of pending grievance complaints in which probable cause has not yet been determined.

(3) All records pertaining to grievance complaints that have been filed on or after July 1, 1986, and that have been dismissed by a grievance panel, by the Statewide Grievance Committee or by a reviewing committee without a finding of probable cause that the attorney is guilty of misconduct.

(4) All records of complaints dismissed pursuant to Section 2-32 (a) (2) and (c).

(c) All records enumerated in subsection (a) pertaining to grievance complaints that have been filed on or after July 1, 1986, in which probable cause has been found that the attorney is guilty of misconduct shall be public, whether or not the complaint is subsequently dismissed.

(d) Unless otherwise ordered by the court, all records that are not public shall be available only to the Statewide Grievance Committee and its counsel, the reviewing committees, the grievance panels and their counsel, the bar examining committee, the standing committee on recommendations for admission to the bar, disciplinary counsel, the client security fund committee and its counsel, a judge of the Superior Court, a judge of the United States District Court for the District of Connecticut, any grievance committee or other disciplinary authority of the United States District Court for the District of Connecticut or, with the consent of the respondent, to any other person. Such records may be used or considered in any subsequent disciplinary or client security fund proceeding pertaining to the respondent.

(e) Any respondent who was the subject of a complaint in which the respondent was misidentified and the complaint was dismissed shall be deemed to have never been subject to disciplinary proceedings with respect to that complaint and may so swear under oath. Records of such grievance complaints shall not be public.

(f) For purposes of this section, all grievance complaints that were pending before a grievance panel on July 1, 1986, shall be deemed to have been filed on that date.

Committee Notes

(Amended June 26, 2006, to take effect Jan. 1, 2007.) (P.B. 1978-1997, Sec. 32.) (Amended June 24, 2002, to amended June 29, 2007, to take effect Jan. 1, 2008; amended