Rule 2-52. Resignation and Waiver of Attorney Facing Disciplinary Investigation

(a) The Superior Court may, under the procedure provided herein, permit an attorney to submit his or her resignation from the bar with or without the waiver of right to apply for readmission to the bar at any time in the future if the attorney's conduct is the subject of an investigation or proceeding by a grievance panel, a reviewing committee, the Statewide Grievance Committee, the disciplinary counsel or the court.

(b) Concurrently with the written resignation, the attorney shall submit an affidavit stating the following:

(1) that he or she desires to resign and that the resignation is knowingly and voluntarily submitted, the attorney is not being subjected to coercion or duress, and is fully aware of the consequences of submitting the resignation;

(2) the attorney is aware that there is currently pending an investigation or proceeding concerning allegations that he or she has been guilty of misconduct, the nature of which shall be specifically set forth in the affidavit;

(3) either (A) that the material facts of the allegations of misconduct are true, or (B) if the attorney denies some or all of the material facts of the allegations of misconduct, that the attorney acknowledges that there is sufficient evidence to prove such material facts of the allegations of misconduct by clear and convincing evidence;

(4) the attorney waives the right to a hearing on the merits of the allegations of misconduct, as provided by these rules, and acknowledges that the court will enter a finding that he or she has engaged in the misconduct specified in the affidavit concurrently with the acceptance of the resignation.

(c) If the written resignation is accompanied by a waiver of the right to apply for readmission to the bar, the affidavit required in (b) shall also state that the attorney desires to resign and waive his or her right to apply for readmission to the bar at any time in the future.

(d) Any resignation submitted in accordance with this section shall be in writing, signed by the attorney, and filed in sextuplicate with the clerk of the Superior Court in the judicial district in which the attorney resides, or if the attorney is not a resident of this state, with the clerk of the Superior Court in Hartford. The clerk shall forthwith send one copy to the grievance panel, one copy to the statewide bar counsel, one copy to disciplinary counsel, one copy to the state's attorney, one copy to the standing committee on recommendations for admission to the bar, and one copy to all complainants whose grievance complaints filed against the attorney in Connecticut resulted in the submission. Such resignation shall not become effective until accepted by the court after a hearing, at which the court has accepted a report by the Statewide Grievance Committee, made a finding of misconduct based upon the respondent's affidavit, and made a finding that the resignation is knowingly and voluntarily made. With the exception of the statewide bar counsel and disciplinary counsel, no person or entity who, pursuant to this subsection, receives a copy of a resignation shall have the right to participate in the hearing required by this subsection.

(e) Acceptance by the court of an attorney's resignation from the bar without the waiver of the right to apply for readmission to the bar at any time in the future shall not be a bar to any other disciplinary proceedings based on conduct occurring before or after the acceptance of the attorney's resignation.

Committee Notes

(Amended June 15, 2012, to take effect Jan. 1, 2013.) (P.B. 1978-1997, Sec. 35.) (Amended June 24, 2002, to amended June 29, 2007, to take effect Jan. 1, 2008; amended