You Can’t Sue Disciplinary Counsel

In litigation involving the conduct of the Office of Disciplinary Counsel, the Connecticut Appellate Court affirmed a decision dismissing a suit against former Disciplinary Counsel. 

The defendant was the chief disciplinary counsel for the Office of Chief Disciplinary Counsel. The plaintiff was terminated from her position as a staff attorney for the Office of the Probate Court Administrator following a disciplinary proceeding conducted pursuant to the Connecticut Judicial Branch Administrative Policies and Procedures Manual Policy 612, titled ‘‘Corrective Discipline.’’ While the proceeding was pending, the Probate Court Administrator notified the defendant of the matter.

The defendant then assigned an assistant chief disciplinary counsel to investigate the matter. Thereafter, the defendant initiated grievance proceedings against the plaintiff. A reviewing committee issued a reprimand to the plaintiff. The Statewide Grievance Committee (committee) and the Superior Court affirmed the reprimand.

Plaintiff took the offensive

During the pendency of the grievance proceeding, the plaintiff filed her own grievance complaint against the defendant. The plaintiff alleged that the defendant’s decision to file a grievance ‘‘violated several sections of the Practice Book, the duties and responsibilities of her office, and the public’s trust . . . .’’ In response, the defendant contended that the plaintiff’s grievance complaint was without merit. The grievance panel found no probable cause and dismissed the complaint against the defendant.

And sued for defamation

The issue presented is whether the court erred in concluding that the litigation privilege extends absolute immunity to statements made to the attorney disciplinary authority by an attorney who is the subject of a grievance complaint.

Connecticut recognizes the litigation privilege

The plaintiff, however, contends that the litigation privilege does not extend absolute immunity to statements made to a disciplinary authority by an attorney who is the subject of the grievance complaint or disciplinary investigation.

Nope

We note that [the] Field [decision relied on by plaintiff] held not only that statements made in a grievance proceeding were shielded by absolute immunity, but also that the act of filing a grievance was protected…

Our conclusions in Tyler and in Field dispose of the plaintiff’s claims.

The Journal Inquirer covered the initial firing. (Mike Frisch)