Sec. 51-90f. Investigation and determination by grievance panel of attorney misconduct.

(a) Each grievance panel shall investigate with the assistance of the grievance counsel assigned to such panel any complaint referred to it by the State-Wide Grievance Committee or State-Wide Bar Counsel to determine whether probable cause exists that the attorney is guilty of misconduct.

(b) The investigation and proceedings of the panel shall be confidential unless the attorney under investigation requests that such investigation and proceedings be public. The State-Wide Grievance Committee may disclose that it or the State-Wide Bar Counsel has referred a complaint to a panel for investigation when such disclosure is deemed by the committee to be in the public interest.

(c) The panel shall complete its investigation and render its determination that probable cause or no probable cause exists that the attorney is guilty of misconduct not later than ninety days from the date the complaint was referred to it by the committee or State-Wide Bar Counsel. The panel may file a motion for extension of time not to exceed thirty days with the State-Wide Grievance Committee which may grant the motion only for good cause shown. If the panel does not complete its action on a complaint within the time provided in this section, the State-Wide Grievance Committee shall, on motion of the complainant or the respondent or on its own motion, inquire into the delay and order that the panel take action on the complaint forthwith or that the complaint be referred to and heard by another panel or a reviewing subcommittee designated by the State-Wide Grievance Committee. Upon the completion of its investigation, the panel shall notify the complainant and the attorney that its investigation has been completed and the results thereof. The failure of a grievance panel to complete its action on a complaint within the period of time provided in this section shall not be cause for dismissal of the complaint. The panel shall not make a probable cause determination based, in full or in part, on a claim of misconduct not alleged in the complaint without first notifying the respondent that it is considering such action and affording the respondent the opportunity to be heard.

(d) The panel shall refer the record of its investigation, together with its determination that probable cause or no probable cause exists that the attorney is guilty of misconduct, to the committee for appropriate action and any such determination shall be a matter of public record.

(P.A. 85-456, S. 5, 11; 85-613, S. 136, 154; P.A. 86-276, S. 7, 15; P.A. 88-152, S. 5; P.A. 98-81, S. 17, 20.)

History: P.A. 85-456 effective July 1, 1986; P.A. 85-613 amended Subsecs. (e) and (f) by deleting provision that the recommendation shall be a matter of public record in Subsec. (e) and inserting said provision in Subsec. (f), effective July 1, 1986; P.A. 86-276 provided that a grievance panel shall investigate “with the assistance of the grievance counsel assigned to such panel”, revised provisions to reflect that the state-wide bar counsel is authorized to refer a complaint to a panel, replaced provisions that required the panel within four months to make a recommendation that the committee take specific disciplinary action or dismiss the complaint with provisions that the panel within 60 days make a determination whether probable cause exists that the attorney is guilty of misconduct, and added provisions re the request for and granting of an extension of time for a panel's action and re the required response of the state-wide grievance committee if the panel does not timely complete its action on a complaint; P.A. 88-152 amended Subsec. (c) to extend the time limitation on the panel's investigation and probable cause determination from 60 to 90 days, to replace provision that the panel may file a motion for extension of time not to exceed 30 days with the state-wide bar counsel and an additional motion for extension of time not to exceed 30 days with the state-wide grievance committee with the provision that the panel may file a motion for extension of time not to exceed 30 days with the state-wide grievance committee, and to add provision that the failure of a panel to complete its action within the time limitation is not cause for dismissal of the complaint; P.A. 98-81 added provision to Subsec. (c) prohibiting panel from making probable cause determination on claim of misconduct not alleged in complaint without notifying respondent and affording respondent opportunity to be heard, effective May 22, 1998.

Notation

Cited. 215 C. 162; Id., 469; 216 C. 228; 227 C. 802; Id., 829; 234 C. 539; 235 C. 693; 239 C. 449; 240 C. 671.

Cited. 41 CA 671; judgment reversed, see 240 C. 671; 43 CA 265; 46 CA 450.