(a) Whenever a grievance panel, a reviewing committee, the Statewide Grievance Committee or the disciplinary counsel shall have reason to believe that an attorney is incapacitated from continuing to practice law by reason of mental infirmity or illness or because of drug dependency or addiction to alcohol, such panel, committee or counsel, shall petition the court to determine whether the attorney is so incapacitated and the court may take or direct such action as it deems necessary or proper for such determination, including examination of the attorney by such qualified medical expert or experts as the court shall designate, at the expense of the Judicial Branch. If, upon due consideration of the matter, the court is satisfied and concludes that the attorney is incapacitated from continuing to practice law, it shall enter an order placing the attorney in an inactive status on the ground of such disability for an indefinite period and until the further order of the court, and any pending disciplinary proceedings against the attorney shall be held in abeyance.
Section 2-58.—No Prior Determination of Incompetency or Involuntary Commitment
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceWhen there's no prior court finding of incapacity, a grievance panel, reviewing committee, the Statewide Grievance Committee, or disciplinary counsel can petition the court to determine whether an attorney is too impaired to practice law.
Full Text of Section 2-58
(b) The court may provide for such notice to the respondent attorney of proceedings in the matter as is deemed proper and advisable and shall appoint an attorney, at the expense of the Judicial Branch, to represent any respondent who is without adequate representation.
Amendment History
(P.B. 1978-1997, Sec. 41.) (Amended June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003; Sept. 30, 2003, effective date changed to Jan. 1, 2004.)
Plain-English Summary
Section 2-58 covers cases where no court has already declared the attorney incapacitated. If a grievance panel, a reviewing committee, the Statewide Grievance Committee, or the disciplinary counsel has reason to believe an attorney can’t continue practicing law because of mental infirmity or illness, drug dependency, or alcohol addiction, that body or counsel petitions the court to decide the question. The court can take whatever action it deems necessary to make that determination, including ordering an examination by a qualified medical expert at the Judicial Branch’s expense.
If the court concludes the attorney is incapacitated, it enters an order placing the attorney on inactive status for an indefinite period, until further order of the court, and puts any pending disciplinary proceedings against the attorney on hold. The court can provide whatever notice to the attorney it deems proper, and must appoint an attorney, at Judicial Branch expense, to represent any respondent who lacks adequate representation.
Frequently Asked Questions
How does Section 2-58 differ from Section 2-57?
Section 2-58 applies when there’s no prior court finding of incapacity — the grievance body or disciplinary counsel must petition the court to make that determination in the first instance, unlike Section 2-57, which relies on an existing judicial declaration.
Who pays for the medical examination under Section 2-58?
The Judicial Branch pays the expense of any examination by a qualified medical expert the court designates to determine incapacity.
What happens to pending disciplinary proceedings if the attorney is found incapacitated?
Any pending disciplinary proceedings against the attorney are held in abeyance once the court places the attorney on inactive status.
Does the attorney get legal representation in a Section 2-58 proceeding?
Yes. The court must appoint an attorney, at Judicial Branch expense, to represent any respondent who is without adequate representation.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 2-58). 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
Also known as: petition attorney incapacity Connecticutdisciplinary counsel incapacity petitioninactive status no prior determinationcourt-ordered medical exam attorney