Conn. Practice Book § 2-38 (2026)

Sec. 2-38 of any testimony heard by it or by a reviewing committee which is required by rule to be on the record, any decision by the reviewing committee in the case, any requests filed pursuant to Section 2-35 (k) of this section, and a copy of the State- wide Grievance Committee’s decision on the request for review. By stipulation of all parties to such appeal proceedings, the record may be shortened. The court may require or permit subse- quent corrections or additions to the record. (d) The appeal shall be conducted by the court without a jury and shall be confined to the record. If alleged irregularities in procedure before the Statewide Grievance Committee or reviewing committee are not shown in the record, proof lim- ited thereto may be taken in the court. The court, upon request, shall hear oral argument. (e) The respondent shall file a brief within thirty days after the filing of the record by the statewide bar counsel. The disciplinary counsel shall file his or her brief within thirty days of the filing of the respondent’s brief. Unless permission is given by the court for good cause shown, briefs shall not exceed thirty-five pages. (f) Upon appeal, the court shall not substitute its judgment for that of the Statewide Grievance Committee or reviewing committee as to the weight of the evidence on questions of fact. The court shall affirm the decision of the committee unless the court finds that substantial rights of the respondent have been prejudiced because the committee’s findings, inferences, conclusions, or decisions are: (1) in violation of constitutional pro- visions, rules of practice or statutory provisions; (2) in excess of the authority of the committee; (3) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. If the court finds such prejudice, it shall sustain the appeal and, if appropriate, rescind the action of the State- wide Grievance Committee or take such other action as may be necessary. For purposes of fur- ther appeal, the action taken by the Superior Court hereunder is a final judgment. (g) In all appeals taken under this section, costs may be taxed in favor of the Statewide Grievance Committee in the same manner, and to the same extent, that costs are allowed in judgments ren- dered by the Superior Court. No costs shall be taxed against the Statewide Grievance Commit- tee, except that the court may, in its discretion, award to the respondent reasonable fees and expenses if the court determines that the action of the committee was undertaken without any 148 substantial justification. ‘‘Reasonable fees and expenses’’ means any expenses not in excess of $7500 which the court finds were reasonably incurred in opposing the committee’s action, including court costs, expenses incurred in admin- istrative proceedings, attorney’s fees, witness fees of all necessary witnesses, and such other expenses as were reasonably incurred. (P.B. 1978-1997, Sec. 27N.) (Amended June 29, 1998, to take effect Sept. 1, 1999; amended June 28, 1999, to take effect Jan. 1, 2000; amended June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003; amended June 30, 2003, to take effect Oct. 1, 2003; Sept. 30, 2003, effective date of two prior amendments changed to Jan. 1, 2004; amended June 29, 2007, to take effect Jan. 1, 2008; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 14, 2013, to take effect Jan. 1, 2014; amended June 13, 2014, to take effect Jan. 1, 2015.)