Connor v. Statewide Grievance Committee

797 A.2d 1081, 260 Conn. 435, 2002 Conn. LEXIS 199
CourtSupreme Court of Connecticut
DecidedJune 4, 2002
DocketSC 16703
StatusPublished
Cited by38 cases

This text of 797 A.2d 1081 (Connor v. Statewide Grievance Committee) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Connor v. Statewide Grievance Committee, 797 A.2d 1081, 260 Conn. 435, 2002 Conn. LEXIS 199 (Colo. 2002).

Opinion

Opinion

KATZ, J.

The dispositive issue in this appeal is whether the trial court properly dismissed the appeal by the plaintiff, Haldan E. Connor, Jr., from the adverse decision of the defendant, the statewide grievance committee, based upon the court’s determination that the plaintiffs failure to serve the complaint on the defendant in accordance with General Statutes § 52-50 (a)1 rendered service defective under Practice Book § 2-38 (a)2 [437]*437and, therefore, deprived the court of subject matter jurisdiction. We conclude that service by mail of the plaintiffs appeal was proper under § 2-38 (a) and that, accordingly, the trial court improperly dismissed the plaintiffs appeal.

The record discloses the following undisputed facts. On October 21, 2000, a reviewing committee of the defendant issued a reprimand against the plaintiff based upon its determination that he had violated rules 1.15, 1.8 and 1.9 of the Rules of Professional Conduct. The plaintiff thereafter filed a request for review with the defendant, which upheld the reprimand by a decision dated December 22, 2000. On January 19, 2001, the plaintiff appealed from that decision to the Superior Court and a copy of the appeal was sent to the defendant by certified mail, return receipt requested. The defendant received a copy of the appeal and, on February 13, 2001, it filed an answer.

Thereafter, the trial court, sua sponte, ordered the parties to appear on March 19,2001, to address whether the plaintiffs service of the appeal was jurisdictionally defective. In a memorandum of decision issued May 10, 2001, the trial court noted that Practice Book § 2-38 (a) requires that an appeal from an adverse decision by the defendant must be served “in the same manner as in civil actions.” The trial court determined that General Statutes § 52-50 (a) sets forth the appropriate standard for service in civil actions, which requires that service be “directed to a state marshal, a constable or other proper officer . . . .” Because the plaintiff had failed [438]*438to serve the complaint in accordance with § 52-50 (a), the trial court determined that it was deprived of jurisdiction. Accordingly, the trial court dismissed the plaintiffs appeal.

On May 29, 2001, the plaintiff filed the present appeal from the judgment of dismissal to the Appellate Court, and we transferred the appeal to this court pursuant to Practice Book § 65-1 and General Statutes § 51-199 (c). The plaintiff claims on appeal that the trial court improperly determined that the requirement under Practice Book § 2-38 (a), that a copy of an appeal “shall be served on the statewide bar counsel as agent for the statewide grievance committee in the same manner as in civil actions,” mandates compliance with General Statutes § 52-50. (Emphasis added.) The plaintiff contends that § 52-50 is inapplicable because it addresses service of process. Instead, he directs our attention to Practice Book § 10-12, which he claims informs what constitutes service “in the same manner as in civil actions,” the requirements of which the plaintiff claims he satisfied by mailing the appeal to the defendant. Moreover, the plaintiff claims that satisfaction of service of mesne process under § 52-50 is unnecessary to establish the trial court’s jurisdiction when, as in the present case, it has inherent supervisory authority over attorney conduct. We conclude that the plaintiffs mailing of the appeal was proper. We further conclude that, even if service of process in accordance with § 52-50 had been required under Practice Book § 2-38 (a), any failure to comply with those procedures would have deprived the court of personal, and not subject matter, jurisdiction, which was waived by the failure of the defendant to challenge timely the court’s jurisdiction over its person.

I

Our resolution of this case is guided by our well established statutory construction jurisprudence. See [439]*439Thalheim v. Greenwich, 256 Conn. 628, 639, 775 A.2d 947 (2001) (rules of statutory construction apply with equal force to rules of practice). “The process of statutory interpretation involves a reasoned search for the intention of the legislature. ... In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of this case .... In seeking to determine that meaning, we look to the words of the statute itself, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter. . . . Luce v. United Technologies Corp., 247 Conn. 126, 133, 717 A.2d 747 (1998). In construing a statute, common sense must be used and courts must assume that a reasonable and rational result was intended. Kron v. Thelen, 178 Conn. 189, 192, 423 A.2d 857 (1979); accord Willow Springs Condominium Assn., Inc. v. Seventh BRT Development Corp., 245 Conn. 1, 26, 717 A.2d 77 (1998). Finally, because the question presented [in] this appeal involves an issue of statutory construction, our review is plenary. E.g., Coley v. Camden Associates, Inc., 243 Conn. 311, 318, 702 A.2d 1180 (1997). . . . Schreck v. Stamford, 250 Conn. 592, 596-97, 737 A.2d 916 (1999).” (Internal quotation marks omitted.) Modern Cigarette, Inc. v. Orange, 256 Conn. 105, 120-21, 774 A.2d 969 (2001).

Prior to 1998, the rules of practice provided that a copy of an appeal from an adverse decision by the defendant “shall be served in accordance with Sec. 120.” Practice Book, 1997, § 27N (a)3 (now § 2-38 [a]). Section [440]*440120 contained no text but was merely the title section for a series of rules dealing with service of pleadings. See Practice Book, 1997, §§ 121 through 126. Included in the series was Practice Book, 1997, § 122 (now § 10-13), which directed that service of pleadings, other than those asserting new or additional claims for relief against parties who have not appeared, be made by delivering or mailing a copy to the attorney or pro se party. Pleadings asserting such new or additional claims for relief were to be served in the same manner that an original writ or complaint is served. In 1998, § 27N was replaced with § 2-38, at which time the language “served ... in the same manner as in civil actions” was substituted for “served in accordance with Sec. 120.” Focusing on this change in language, the trial court in the present case concluded that, because § 120 had allowed service to be by certified mail, the elimination of that reference in § 2-38 (a) necessarily demanded that service be in accordance with General Statutes § 52-50, which prescribes the manner of civil process. The trial court therefore concluded that the plaintiff was required to direct service to a “proper officer” as required under § 52-50. We reject this reasoning.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Office of Chief Disciplinary Counsel v. Vena
236 Conn. App. 39 (Connecticut Appellate Court, 2025)
In re Cunha
Connecticut Appellate Court, 2025
State v. Bellamy
147 A.3d 655 (Supreme Court of Connecticut, 2016)
State v. Walker
Supreme Court of Connecticut, 2015
Morgan v. Hartford Hospital
21 A.3d 451 (Supreme Court of Connecticut, 2011)
Ungerland v. MORGAN STANLEY AND CO., INC.
35 A.3d 1095 (Connecticut Superior Court, 2010)
Finan v. Finan
945 A.2d 476 (Connecticut Appellate Court, 2008)
Berzins v. Berzins
938 A.2d 1281 (Connecticut Appellate Court, 2008)
Rock Rimmon Grange 142, Inc. v. Bible Speaks Ministries, Inc.
885 A.2d 768 (Connecticut Appellate Court, 2005)
Bicio v. Brewer
884 A.2d 12 (Connecticut Appellate Court, 2005)
Wilson v. Troxler
883 A.2d 18 (Connecticut Appellate Court, 2005)
Foster v. Smith
881 A.2d 497 (Connecticut Appellate Court, 2005)
Ansell v. Statewide Grievance Committee
865 A.2d 1215 (Connecticut Appellate Court, 2005)
Tele Tech of Connecticut Corp. v. Department of Public Utility Control
855 A.2d 174 (Supreme Court of Connecticut, 2004)
Lostritto v. Community Action Agency of New Haven, Inc.
848 A.2d 418 (Supreme Court of Connecticut, 2004)
Connecticut Light & Power Co. v. St. John
837 A.2d 841 (Connecticut Appellate Court, 2004)
State v. McCahill
828 A.2d 1235 (Supreme Court of Connecticut, 2003)
Ragin v. Lee
829 A.2d 93 (Connecticut Appellate Court, 2003)
DiLieto v. County Obstetrics & Gynecology Group, P.C.
828 A.2d 31 (Supreme Court of Connecticut, 2003)
Rayhall v. Akim Co.
819 A.2d 803 (Supreme Court of Connecticut, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
797 A.2d 1081, 260 Conn. 435, 2002 Conn. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connor-v-statewide-grievance-committee-conn-2002.