Office of Chief Disciplinary Counsel v. Vaccaro
Case Details
- Judge(s)
- Mullins; McDonald; D’Auria; Ecker; Dannehy; Bright
- Status
- Published
- Procedural Posture
- appeal on certification from Appellate Court; reviewing committee hearing on motion to dismiss and misconduct findings
Related Laws
No specific laws identified for this ruling.
Outcome
Attorney respondent's appeal of a 90-day suspension was upheld. The reviewing committee found misconduct and directed disciplinary counsel to file a presentment due to cumulative prior discipline within a five-year period, resulting in suspension from practice of law.
Excerpt
Pursuant to the rules of practice (§ 2-47 (d) (1)), if a respondent attorney has been disciplined at least three times in a five year period preceding the date of the filing of a grievance complaint that gives rise to a finding of current misconduct, the Statewide Grievance Committee or a reviewing committee ''shall direct the disciplinary counsel to file a presentment against the respondent in the Superior Court,'' and ''[t]he sole issue to be determined by the court upon the presentment shall be the appropriate action to take'' as a result of the nature of the respondent's current misconduct ''and the cumulative discipline issued concerning the respondent within such five year period.'' Pursuant further to the rules of practice (§ 2-47 (d) (2)), ''[i]f the respondent has appealed the issuance of a finding of misconduct made by the Statewide Grievance Committee or the reviewing committee, the court shall first adjudi- cate and decide that appeal in accordance with the procedures set forth in subsections (d) through (f) of [§] 2-38 [of the Practice Book].'' The respondent attorney appealed, on the granting of certification, from the judgment of the Appellate Court, which had affirmed the trial court's judg- ment suspending him from the practice of law for ninety days. A 2018 grievance complaint alleging certain professional misconduct by the respon- dent was referred to a reviewing committee of the Statewide Grievance Committee, but hearings on the matter were postponed for nearly three years. The respondent ultimately moved to dismiss the complaint, claiming that he had been denied his right to due process and prejudiced by the delay in its adjudication. Following a hearing in 2021, the reviewing commit- tee denied the respondent's motion to dismiss and found that he had engaged in certain misconduct. The reviewing committee ultimately concluded that the respondent's misconduct warranted a reprimand but that it was required by Practice Book § 2-47 (d) (1) to direct
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