Disciplinary Counsel v. Cannatelli

Citations

• 203 Conn. App. 236

Syllabus

The petitioner, the Disciplinary Counsel, filed a presentment alleging miscon- duct by the respondent attorney, after a reviewing committee of the Statewide Grievance Committee found that the respondent had violated various provisions of the Rules of Professional Conduct and the rules of practice. The disciplinary proceeding remained inactive while the respondent pursued his appeal to the Superior Court from the decision of the grievance committee directing the petitioner to file a presentment. After the appeal process was completed, the court scheduled a hearing on the presentment. The trial court rendered judgment for the petitioner, and suspended the respondent from the practice of law for one year. The respondent thereafter filed a postjudgment motion to dismiss for lack of subject matter jurisdiction, arguing for the first time that, pursu- ant to the applicable rule of practice (§ 2-47 (a)), the court lacked jurisdiction because a hearing on the merits of the presentment was not held within sixty days of its filing with the court. The court denied the respondent's motion, and this appeal followed. Held: 1. The respondent could not prevail on his claim that the trial court erred in denying his postjudgment motion to dismiss for lack of subject matter jurisdiction; contrary to the respondent's claim, our Supreme Court has held that the sixty day hearing requirement of Practice Book § 2-47 (a) is directory, not mandatory, and that failure to meet its time requirements does not deprive the court of jurisdiction, and this court was bound by the decision of our Supreme Court. 2. The trial court did not abuse its discretion in suspending the respondent from the practice of law for one year; when stripped of repeated asser- tions that the court lacked subject matter jurisdiction, the respondent's contentions offered little by way of meaningful analysis, and, therefore, were unavailing. Submitted on briefs February 4—officially released March 16, 2021