Disparaging Judges Draws Connecticut Suspension

The Connecticut Supreme Court affirmed a trial court’s order of a four year suspension of an attorney

In challenging the trial court’s judgment, the defendant raises a multitude of claims, including the following: (1) that the trial court violated his constitutional right to due process; (2) that the allegations in the presentment were barred under the doctrines of res judicata and collateral estoppel; (3) that the plaintiff failed to prove professional misconduct by clear and convincing evidence; and (4) that the trial court abused its discretion in imposing a four year suspension without considering certain factors set forth in the American Bar Association’s Standards for Imposing Lawyer Sanctions (standards). We disagree and, accordingly, affirm the judgment of the trial court.

The misconduct involved accusations against two judges

In the presentment complaint, the plaintiff accused the defendant of violating rules 3.1, 8.2 (a), and 8.4 (4) of the Rules of Professional Conduct by making ‘‘baseless accusations’’ against Judges Roche and Danaher. The plaintiff cited the defendant’s history of professional discipline, including his presentment in two cases in 1987, which resulted in a three month suspension from the practice of law in 1992, a reprimand in 2006, and his presentment in two cases in 2011, which resulted in a two year suspension from the practice of law.

The court rejected all claims

We next address the defendant’s claim that, because his alleged misconduct occurred before two different judges who chose not to take action against him pursuant to rule 2.15 of the Code of Judicial Conduct; see footnote 6 of this opinion; he was absolved of any unethical conduct. As a result, the defendant contends that the doctrines of res judicata1 and collateral estoppel precluded the trial court from considering his alleged misconduct in the present case…We agree with the plaintiff and conclude that the doctrines of res judicata and collateral estoppel do not bar the allegations of professional misconduct in the present case.

 And concluded

After reviewing the record in the present case, we conclude that ample evidence exists supporting the trial court’s findings and conclusions. The record contains countless motions, memoranda, and arguments made by the defendant disparaging Judges Roche and Danaher for no apparent reason beyond the fact that those judges ruled in opposition to him. Not only did the defendant call into question the impartiality of Judges Roche and Danaher, but he also called into question their competency as judges and questioned the integrity of the Judicial Branch. See, e.g., Notopoulos v. Statewide Grievance Committee, supra, 277 Conn. 236–37. We conclude that the trial court’s factual findings and conclusions are supported by clear and convincing evidence and, therefore, we decline to disturb them on appeal.

(Mike Frisch)