If, during the course of a disciplinary proceeding, the respondent contends that he or she is suffering, by reason of mental infirmity or illness, or because of drug dependency or addiction to alcohol, from a disability which makes it impossible for the respondent adequately to defend himself or herself, the court thereupon shall, in a proceeding instituted in substantial accordance with the provisions of Section 2-58, enter an order placing the respondent on inactive status until a determination is made of the respondent’s capacity to defend himself or herself. Notice of the institution of inactive status proceedings shall be provided to the statewide bar counsel. If the court determines that the respondent is not incapacitated from practicing law, it shall take such action as it deems proper and advisable, including a direction for the resumption of the disciplinary proceeding against the respondent.
Section 2-59.—Disability Claimed during Course of Disciplinary Proceeding
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceIf a respondent in a disciplinary proceeding claims a disability makes it impossible to defend themselves, the court places them on inactive status until it decides whether they're capable of mounting a defense.
Full Text of Section 2-59
Amendment History
(P.B. 1978-1997, Sec. 42.) (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 2-59 addresses a narrower situation: an attorney already facing a disciplinary proceeding who claims, during that proceeding, that a mental infirmity or illness, drug dependency, or alcohol addiction leaves them unable to adequately defend themselves. When that claim comes up, the court enters an order placing the respondent on inactive status — following a proceeding conducted in substantial accordance with Section 2-58 — until it determines whether the respondent has the capacity to defend himself or herself.
Notice that inactive-status proceedings have started must go to the statewide bar counsel. If the court ultimately decides the respondent isn’t incapacitated from practicing law, it takes whatever action it deems proper, which can include directing that the disciplinary proceeding against the respondent resume.
Frequently Asked Questions
When does Section 2-59 apply?
It applies when a respondent in an ongoing disciplinary proceeding claims that a mental infirmity, illness, drug dependency, or alcohol addiction makes it impossible to adequately defend against the charges.
What procedure governs a Section 2-59 inactive-status order?
The court proceeds in substantial accordance with the provisions of Section 2-58 in placing the respondent on inactive status.
What happens if the court finds the respondent isn’t incapacitated?
The court takes whatever action it deems proper and advisable, including directing that the disciplinary proceeding against the respondent resume.
Who must be notified when a Section 2-59 proceeding starts?
Notice of the institution of inactive-status proceedings must be provided to the statewide bar counsel.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 2-59). 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: disability claim disciplinary proceedingattorney unable to defend himselfinactive status during disciplinary casecapacity to defend disciplinary hearing CT