DocketNumber: No. CV 95 0550341
Citation Numbers: 1996 Conn. Super. Ct. 3352
Judges: BERGER, J.
Filed Date: 4/12/1996
Status: Non-Precedential
Modified Date: 4/18/2021
Pursuant to Practice Book § 28A, the present action for reciprocal discipline,1 was commenced on May 23, 1995, but due to service problems and the need for publication, a hearing was not held until March 27, 1996. Mr. Griffin filed an answer, dated February 28, 1996, admitting the disciplinary action of the Massachusetts court. At the hearing, Mr. Griffin apologized to this court for not notifying the Committee and represented that he was taking certain courses in order to reapply for admission to the Massachusetts Bar.
In addition to the request for reciprocal proceedings, the Committee also seeks disciplinary action for the respondent's failure to register with the Committee pursuant to P.B. § 27A(d)2. Mr. Griffin admitted that he had not so registered CT Page 3353 but stated that he believed there was no such requirement. According to P.B. § 27A(e), a violation of this notification requirement "shall constitute misconduct." The Committee has requested that Mr. Griffin be suspended for a like three year period, effective with the issuance of this decision. Mr. Griffin requests that it be similar to the Massachusetts order, i.e., three years retroactive to May 13, 1993.
Practice Book § 28, entitled Reciprocal Discipline, provides a mechanism for the Statewide Bar Council to commence a judicial action "upon being informed that a lawyer admitted to the Connecticut bar has resigned, been disbarred, suspended or otherwise disciplined . . . in another jurisdiction." The lawyer shall file an answer "admitting or denying the action. . and setting forth, if any, reasons why commensurate action in this state would be unwarranted." Finally, "[a]fter hearing, the court shall take commensurate action unless it is found that any defense set forth in the answer has been established by clear and convincing evidence." As previously noted, the answer admits that Massachusetts has disciplined him but does not contest the allegations of failure to register.
The phrase "commensurate action" has been defined by our Supreme Court in In re Weissman,
Although not mentioned by the Committee in this petition, P.B. § 28B.1 does require an attorney to give notice to the statewide bar counsel of any convictions of a felony in another jurisdiction. A conviction for this exact offense, i.e., making a false statement to influence a financial institution, is a felony and constitutes sufficient basis for disbarment.In re Bell,
On April 10, 1995, Mr. Griffin's attorney advised the statewide bar counsel or both the Massachusetts conviction and disciplinary proceedings. This complies with P.B. § 26B but does not comply with P.B. § 28B.1(a) requiring notification of a conviction of a serious crime within ten days of the entry of the judgment of conviction. Moreover, it should also be noted that as Mr. Griffin was not registered with the Committee, the two to three attempts to notify him by certified mail were unsuccessful necessitating the need for publication for this proceeding.
The respondent has not come forward with any legitimate defense; he has obviously not proved any defense by clear and convincing evidence. The Committee has not asked for a longer suspension or a harsher penalty — it only asks that Mr. Griffin not be rewarded for his failure to comply with our regulations. This court finds the suspension should not be retroactive to May 13, 1993. Rather, it should be retroactive to April 10, 1995, the date Mr. Griffin so notified the Committee. Accordingly the respondent is suspended for three years from April 10, 1995.
Berger, J.