Section 2-82.Admission of Misconduct; Discipline by Consent

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

In one sentenceLets disciplinary counsel and a respondent attorney negotiate an admission of misconduct and a proposed discipline, subject to court or reviewing committee approval after a hearing.

Full Text of Section 2-82

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) The disciplinary counsel to whom a complaint is forwarded after a finding that probable cause exists that the respondent is guilty of misconduct may negotiate a proposed disposition of the complaint with the respondent or, if the respondent is represented by an attorney, with the respondent’s attorney. Such a proposed disposition shall be based upon the respondent’s admission of misconduct, which shall consist of either (1) an admission by the respondent that the material facts alleged in the complaint, or a portion thereof describing one or more acts of misconduct to which the admission relates, are true, or (2) if the respondent denies some or all of such material facts, an acknowledgment by the respondent that there is sufficient evidence to prove such material facts by clear and convincing evidence.

(b) If disciplinary counsel and the respondent agree to a proposed disposition of the matter, they shall place their agreement in writing and submit it, together with the complaint, the record in the matter, and the respondent’s underlying admission of misconduct, for approval as follows: (i) by the court, in all matters involving possible suspension or disbarment, or possible imposition of a period of probation or other sanctions beyond the authority of the Statewide Grievance Committee, as set forth in Section 2-37; or (ii) by a reviewing committee of the Statewide Grievance Committee, in all other matters. If, after a hearing, the admission of misconduct is accepted and the proposed disposition is approved by the court or the reviewing committee, the matter shall be disposed of in the manner agreed to. If any resulting admission of misconduct or proposed disposition is rejected by the court or the reviewing committee, the admission of misconduct and proposed disposition shall be withdrawn, shall not be made public, and shall not be used against the respondent in any subsequent proceedings. In that event, the matter shall be referred for further proceedings to a different judicial authority or reviewing committee, as appropriate.

(c) If disciplinary counsel and the respondent are unable to agree to a proposed disposition of the matter, the respondent may nonetheless tender an admission of misconduct, which shall be in accordance with subsection (a) of this section. If such an admission of misconduct without proposed disposition is tendered, disciplinary counsel shall cause it to be forwarded, together with the complaint and the record in the matter, for consideration, possible acceptance and disposition as follows: (i) by the court, in all matters involving possible suspension or disbarment, or possible imposition of a period of probation or other sanctions beyond the authority of the Statewide Grievance Committee, as set forth in Section 2-37; or (ii) by a reviewing committee of the Statewide Grievance Committee, in all other matters. If, after a hearing, the admission of misconduct is accepted by the court or the reviewing committee, the matter shall be disposed of and any resulting imposition of discipline shall be made public in the manner prescribed by these rules. If the admission of misconduct is rejected by the court or the reviewing committee, it shall be withdrawn, shall not be made public, and shall not be used against the respondent in any subsequent proceedings. In that event, the matter shall be referred for further proceedings to a different judicial authority or reviewing committee, as appropriate.

(d) A respondent who tenders an admission of misconduct and, if applicable, enters with disciplinary counsel into a proposed disposition of the matter, shall present to the court or the reviewing committee an affidavit stating the following:

(1) That the admission of misconduct and, if applicable, the proposed disposition are freely and voluntarily submitted; that the respondent is not making the admission of misconduct and, if applicable, the proposed disposition, as a result of any threats or other coercion or duress, or any promises or other inducements not set forth in the proposed disposition; that the respondent is fully aware of the consequences of such submissions;

(2) That the respondent is aware that there is presently pending a complaint, in connection with which probable cause has been found that the respondent committed the following acts of misconduct: (list specific acts); and

(3) Either (A) that the respondent admits that the material facts alleged in the complaint, or in that portion thereof to which the respondent’s admission relates, are true, or (B) if the respondent denies some or all of such material facts, that the respondent acknowledges that there is sufficient evidence to prove such material facts by clear and convincing evidence.

(e) The disciplinary counsel may recommend dismissal of acts of misconduct alleged in the complaint that are not admitted by the respondent. The respondent’s admission of some acts of misconduct shall not foreclose the disciplinary counsel from pursuing discipline based upon other acts of misconduct alleged in the complaint.

(f) Prior to acceptance by the court or the reviewing committee of the admission of misconduct, the proposed disposition of the matter, if applicable, and the imposition of any discipline, the complainant will be given the right to comment thereon.

(g) In any disciplinary proceeding where the respondent already has other disciplinary matters pending before a court, either pursuant to an order of interim suspension under Section 2-42, or pursuant to a presentment filed under Section 2-35, 2-40, 2-41 or 2-47, the respondent and disciplinary counsel may agree to a presentment. The respondent and disciplinary counsel shall stipulate that the order of presentment is requested for the purpose of consolidating all pending disciplinary matters before the court.

End

Amendment History

(Adopted 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; amended June 26, 2006, to take effect Jan. 1, 2007.)

Plain-English Summary

Section 2-82 creates a negotiated path for resolving attorney discipline cases once probable cause has been found. Disciplinary counsel may work out a proposed disposition with the respondent, or the respondent’s attorney, built on the respondent’s admission of misconduct — either admitting the alleged facts are true, or acknowledging that there’s enough evidence to prove them by clear and convincing evidence.

If counsel and the respondent agree on a disposition, they submit it in writing along with the complaint, the record, and the admission for approval — by the court in cases that could lead to suspension, disbarment, probation, or other sanctions beyond the Statewide Grievance Committee’s authority, or by a reviewing committee in other matters. An approved disposition, after a hearing, resolves the case as agreed. A rejected one is withdrawn, kept confidential, and can’t be used against the respondent later; the matter goes to a different judicial authority or reviewing committee instead. A respondent can also tender an admission of misconduct on its own, without an agreed disposition, for the court or reviewing committee to accept or reject on the same terms. Any admission must be backed by a sworn affidavit confirming it’s voluntary, that the respondent understands the pending complaint and specific acts alleged, and that the facts are admitted or provable by clear and convincing evidence. The complainant gets a chance to comment before anything is accepted, and if the respondent already has other discipline pending, the parties can agree to consolidate everything into one presentment.

Frequently Asked Questions

What is discipline by consent in Connecticut attorney discipline cases?

It’s a negotiated resolution where the respondent admits misconduct — or acknowledges there’s clear and convincing evidence of it — and disciplinary counsel and the respondent agree on a proposed disposition, subject to approval by the court or a reviewing committee.

Who approves an admission of misconduct under Section 2-82?

The court approves it when the case could involve suspension, disbarment, probation, or other sanctions beyond the Statewide Grievance Committee’s authority; a reviewing committee approves it in all other matters.

What happens if the court rejects a proposed disposition?

The admission of misconduct and proposed disposition are withdrawn, kept out of the public record, and can’t be used against the respondent later; the matter is referred elsewhere for further proceedings.

Can a respondent admit misconduct without disciplinary counsel agreeing to a specific discipline?

Yes. If the two sides can’t agree on a disposition, the respondent may still tender an admission of misconduct alone, which the court or reviewing committee can accept or reject.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 2-82). 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: discipline by consent Connecticut attorneyadmission of misconduct affidavitnegotiated attorney discipline CTconsolidated presentment for pending disciplineclear and convincing evidence attorney admission