Pinsky v. Statewide Grievance Committee

578 A.2d 1075, 216 Conn. 228, 1990 Conn. LEXIS 317
CourtSupreme Court of Connecticut
DecidedAugust 14, 1990
Docket13828
StatusPublished
Cited by102 cases

This text of 578 A.2d 1075 (Pinsky 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
Pinsky v. Statewide Grievance Committee, 578 A.2d 1075, 216 Conn. 228, 1990 Conn. LEXIS 317 (Colo. 1990).

Opinion

Covello, J.

This is an appeal from a judgment of the trial court that rescinded the reprimand of an attorney issued by the named defendant, the Statewide Grievance Committee (defendant). The issues presented are: (1) whether an attorney has the right to appeal a reprimand issued by the defendant to the Superior Court; (2) if the right to such an appeal exists, should the Superior Court proceedings be limited to a review of the record before the defendant or should the trial court conduct a trial de novo; and (3) whether the trial court correctly concluded that the plaintiff had not violated the Rules of Professional Conduct. We conclude that: (1) an attorney has the right to appeal a repri[230]*230mand; (2) such an appeal is limited to a review of the record of the proceedings before the defendant; and (3) a review of that record supports the trial court’s conclusion that the plaintiff had not violated the Rules of Professional Conduct.

Examination of that record discloses the following: The plaintiff, Irving J. Pinsky, is an attorney. During the time in question, he maintained his office in a New Haven building owned by the Bank of Boston/Connecticut. Eric Connery, the bank’s employee, managed the building. The bank, represented by a New Haven law firm, began a summary process action against the plaintiff, seeking to evict him from the building. The plaintiff did not enter his own appearance, but rather retained counsel to represent him in the summary process action.

On at least one occasion, the bank’s attorneys contacted the plaintiff directly by mail, returning his tender of rent with a covering letter. On March 29,1988, the plaintiff sent a letter addressed to Connery’s home. The letter did not indicate the plaintiff’s status as an attorney, but it did contain his name and post office box number. In his letter to Connery, the plaintiff expressed his frustration with the events surrounding the eviction, and threatened to initiate a legal action against Connery.

On April 19,1988, Connery filed a complaint with the defendant, alleging, inter alia, that the plaintiff knew the bank was represented by counsel and had therefore improperly communicated directly with Connery, an employee of the bank, in violation of Rule 4.2 of the Rules of Professional Conduct.1 Pursuant to Practice [231]*231Book § 27F (a) (l),2 the defendant referred the complaint to the grievance panel for the New Haven judicial district. On May 27, 1988, the grievance panel concluded that there was insufficient evidence to support a finding of probable cause that the plaintiff was guilty of misconduct.

On September 15, 1988, however, contrary to the finding of the grievance panel, the defendant found that there was probable cause to believe that the plaintiff had violated Rule 4.2. Pursuant to Practice Book § 27J (a)3 the defendant then referred the complaint to a reviewing committee. On March 28, 1989, the reviewing committee recommended that the complaint be dismissed. On April 20, 1989, despite the review[232]*232ing committee’s recommendation to the contrary, the defendant concluded that the plaintiff had violated Rule 4.2, and reprimanded him.

On May 25, 1989, the plaintiff began this action in the Superior Court seeking judicial review of the defendant’s actions. The plaintiff claimed, inter alia, that because he was not representing a client at the time of his communication with Connery, his activities were not governed by the Rules of Professional Conduct. On October 5, 1989, after conducting a trial de novo concerning the defendant’s actions, the trial court, sustained the plaintiff’s appeal, rescinded the reprimand, and ordered that an appropriate publication to that effect be published in the Connecticut Law Journal. The defendant appealed to the Appellate Court. We thereafter transferred the matter to ourselves pursuant to Practice Book § 4023.

I

The defendant’s first claim is that the Superior Court lacked jurisdiction to review the reprimand issued by the defendant. The defendant argues that while the rules of practice and the General Statutes empower the defendant to issue reprimands to attorneys, there are no provisions for appeal from such a disciplinary action. See General Statutes § 51-90 et seq. and Practice Book § 27B et seq. We agree that there is no statutory right of appeal from a reprimand, but conclude nevertheless that the trial court has authority to review such an order by virtue of its inherent supervisory authority over attorney conduct.

“Judges of the Superior Court possess the ‘inherent authority to regulate attorney conduct and to discipline members of the bar.’ Heslin v. Connecticut Law Clinic of Trantolo & Trantolo, 190 Conn. 510, 523, 461 A.2d 938 (1983). ‘It is their unique position as officers and [233]*233commissioners of the court . . . which casts attorneys in a special relationship with the judiciary and subjects them to its discipline.’ Id., 524.” Statewide Grievance Committee v. Presnick, 215 Conn. 162, 166, 575 A.2d 210 (1990); Statewide Grievance Committee v. Rozbicki, 211 Conn. 232, 238, 558 A.2d 986 (1989).

General Statutes § 51-90 et seq. and Practice Book § 27B et seq. “are not restrictive of the inherent powers which reside in courts to inquire into the conduct of their own officers, and to discipline them for misconduct.” State v. Peck, 88 Conn. 447, 457, 91 A. 274 (1914). “[Disciplinary [proceedings] are taken primarily for the purpose of preserving the courts of justice from the official ministration of persons unfit to practice in them. . . . The end result of these proceedings is a judgment from which an appeal lies to this court. In re Application of Dodd, 131 Conn. 702, 707, 42 A.2d 36 [1945]; O’Brien’s Petition, [79 Conn. 46, 59, 63 A. 777 (1906)].” Heiberger v. Clark, 148 Conn. 177, 183, 169 A.2d 652 (1961).

In Grievance Committee of the Bar of New Haven County v. Sinn, 128 Conn. 419, 422, 23 A.2d 516 (1941), we concluded that “[i]n ¡presentment] proceedings. . . a defendant is entitled to notice of the charges against him, to a fair hearing, and a fair determination, in the exercise of a sound judicial discretion, of the questions at issue, and to an appeal to this court for the purpose of having it determined whether or not he has in some substantial manner been deprived of such rights.” (Emphasis added.) Since the public notice of a reprimand is just as damaging to an attorney’s reputation as the publicity attending a presentment proceeding, it is inconsistent and inequitable to deny an attorney the right to a review of a reprimand issued by the defendant while affording the right to a review [234]*234of the trial court’s decision in presentment proceedings. Statewide Grievance Committee v. Presnick, supra, 170.4

II

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Bluebook (online)
578 A.2d 1075, 216 Conn. 228, 1990 Conn. LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinsky-v-statewide-grievance-committee-conn-1990.