Not Reinstated

The Connecticut Appellate Court affirmed a trial court order that had been appealed by a suspended attorney whose application for reinstatement had been denied. The court rejected a variety of contentions, concluding that the trial court had abused its discretion in reviewing a committee’s findings, that the proceedings disregarded a five-year suspension order that had been fully served, and a host of attacks on the disciplinary process.

The attorney had pleaded guilty to three counts of risk of injury to a child. The conduct involved sexual contact with three children under the age of sixteen. He was sentenced to 30 years in prison with execution stayed after three years and 35 years probation. The sentencing judge also suspended him from practice for five years.

He was released from custody in April 2004 and sought reinstatement in August 2007. The court here found that the trial court applied the correct standard of review to the findings of the bar’s committee. The court squarely rejected the suggestion that the suspension order of the sentencing judge provided for automatic reinstatement after five years. finally, the court rejected an array of contentions concerning the discipline process, including the novel idea that that it was improper for disciplinary counsel to cross-examine his witnesses. The court also rejected claims that disciplinary counsel was biased against him and had made improper arguments about his “predatory” behavior and risk of recidivism. (Mike Frisch)