Sec. 51-91a. Hearing re eligibility to continue practice of law for attorney convicted of felony. Order. Suspension. Appointment of trustee.

(a) After sentencing an attorney who has been convicted of a felony, the court shall hold a hearing on the issue of the eligibility of such attorney to continue the practice of law in this state. Such hearing shall be held within thirty days of sentencing or when all appeals from the conviction are concluded, whichever is later, except that the attorney may request that the hearing not be delayed until all appeals are concluded.

(b) At such hearing, the attorney shall have the right to counsel, to be heard in his own defense, and to present evidence and witnesses in his behalf.

(c) After such hearing, the court shall enter an order dismissing the matter or imposing discipline upon such attorney in the form of suspension for a period of time, disbarment, or such other discipline as the court deems appropriate. If the court suspends the attorney, the period of suspension shall be not less than seven years for conviction of a class A felony and not less than five years for conviction of a class B felony.

(d) Whenever the court enters an order disciplining an attorney under this section, it may appoint a trustee, under the rules of court, to protect the interests of the disciplined attorney and his clients.

(P.A. 85-456, S. 9, 11; P.A. 86-276, S. 11, 15; P.A. 88-152, S. 8; 88-277.)

History: P.A. 85-456 effective July 1, 1986; P.A. 86-276 replaced provision requiring the committee to assign the matter of an attorney's felony conviction to a panel for investigation and recommendation with provision requiring that a certificate of conviction be transmitted to the chief attorney for presentments and that the chief attorney file a presentment against the attorney, and added Subsec. (b) re the entering, setting aside and modification of an interim suspension order; P.A. 88-152 amended Subsec. (a) to require the clerk to transmit a certificate of conviction to the state-wide bar counsel rather than to the chief attorney for presentments, and to require the state-wide bar counsel or an assistant bar counsel, rather than the chief attorney or his designee, to file a presentment against the attorney, but failed to take effect, P.A. 88-277 having taken precedence; P.A. 88-277 replaced former provisions with new provisions re hearing concerning eligibility of attorney who has been convicted of a felony to continue to practice law, rights of attorney at hearing, order of court after hearing, including provision for suspension of not less than seven years for conviction of class A felony and not less than five years for conviction of class B felony and appointment of trustee to protect interests of disciplined attorney and clients.

Notation

Cited. 215 C. 162; Id., 469; 216 C. 228. Statute not applicable to attorneys convicted of felonies in federal courts or courts of other states but applies only to felony convictions in Connecticut state courts. 247 C. 762.

Cited. 41 CA 671; judgment reversed, see 240 C. 671; 43 CA 265; 46 CA 450; Id., 472.

Cited. 43 CS 13.

Subsec. (c):

Section provides for a not less than 7-year suspension for conviction of a Class A felony; court discussed disbarment as a more severe form of discipline than a suspension. 43 CS 13.