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Section 2-34A.Disciplinary Counsel

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

In one sentenceThis rule creates the disciplinary counsel's office, which investigates and prosecutes attorney misconduct complaints before grievance panels, reviewing committees, the Statewide Grievance Committee, and the Superior Court.

Full Text of Section 2-34A

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(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.

Amendment History

(Adopted June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003, and amended on an interim basis, pursuant to the provisions of Section 1-9 (c), to take effect Oct. 1, 2003, and amendment adopted June 30, 2003, to take effect Oct. 1, 2003; Sept. 30, 2003, 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 sentences 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.’’

Rules Committee Commentary

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 personnel and administrative matters that historically were acted on by the Executive Committee and/or the judges of the Superior Court.

Plain-English Summary

This rule establishes a chief disciplinary counsel and additional disciplinary counsel and staff as needed, all appointed by the chief court administrator, who also fills any vacancies. These positions are assigned to the Office of the Chief Court Administrator for administrative purposes, and disciplinary counsel cannot engage in the private practice of law. Wherever the rules refer to “disciplinary counsel,” that term covers either the chief disciplinary counsel or any disciplinary counsel.

Disciplinary counsel's duties include investigating complaints that a grievance panel has forwarded to the Statewide Grievance Committee after finding probable cause, and pursuing those matters before the committee or a reviewing committee. When a panel finds no probable cause but forwards a complaint anyway because it alleges a crime, and the committee or a reviewing committee decides to hold a hearing, disciplinary counsel presents that matter too. Disciplinary counsel can also discuss and negotiate a disposition with the respondent or the respondent's attorney, subject to approval; remove irrelevant material from a complaint file before permitting discovery; add additional allegations of misconduct to a probable-cause finding; subpoena witnesses for hearings; recommend dispositions after a hearing concludes; prepare and file presentment complaints in Superior Court at the committee's request and prosecute them; pursue matters before a grievance panel on the issue of probable cause when the panel asks; and investigate and prosecute complaints involving unauthorized practice of law under General Statutes § 51-88.

Frequently Asked Questions

What is the role of disciplinary counsel in Connecticut attorney discipline?

Disciplinary counsel investigates and pursues attorney misconduct complaints before grievance panels, reviewing committees, and the Statewide Grievance Committee, and prosecutes presentment cases in Superior Court.

Can disciplinary counsel practice law privately while serving?

No. The rule states that disciplinary counsel shall not engage in the private practice of law while serving in that role.

Who appoints the chief disciplinary counsel?

The chief court administrator appoints the chief disciplinary counsel and any disciplinary counsel, and fills vacancies in those positions.

Can disciplinary counsel add new allegations to a case after probable cause is found?

Yes, under the process described in Section 2-35, disciplinary counsel may add additional allegations of misconduct to a grievance panel’s probable cause determination.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 2-34A). 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
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