No Interlocutory Appeal In Connecticut Bar Case

An attorney may not appeal a decision directing a hearing on ethics charges, according to an opinion of the Connecticut Appellate Court.

The alleged violations arose out of the plaintiff’s conduct related to his involvement as executor of the estate of Kathleen Gisselbrecht and with respect to litigation that was commenced by the plaintiff following his removal for cause as executor of her estate…

…the reviewing committee concluded by clear and convincing evidence that the plaintiff had violated rule 3.1 of the Rules of Professional Conduct. The reviewing committee also concluded, after reviewing the plaintiff’s disciplinary history, which included a prior two year suspension from the practice of law, that the plaintiff’s serious misconduct justified the plaintiff’s presentment to the Superior Court.

The matter must proceed on the merits and cannot be derailed by an interlocutory appeal

We agree that our decision in Miniter controls this case, and, therefore, the judgment of the trial court must be affirmed. In Miniter, we stated: ‘‘An order of presentment is an initial step in disciplinary proceedings against an attorney. Following the filing of a presentment complaint, a hearing on the merits is held after which the court renders judgment on the presentment complaint. See Practice Book § 2-47 (a). The committee’s decision directing that a presentment be filed in Superior Court is interlocutory in nature and not a final judgment from which an appeal to the Superior Court lies.

(Mike Frisch)