223 Conn.App. 609
Conn. App. Ct.2024Background
- Attorney Nickola J. Cunha represented Karen Ambrose in a dissolution (divorce) case and was disbarred by Judge Thomas G. Moukawsher for misconduct that occurred during her attempt to disqualify another judge (Judge Adelman) on grounds of alleged bias.
- Cunha accused Judge Adelman of biases against women claiming abuse, individuals with disabilities, and non-Jewish individuals, but provided only examples of adverse rulings without substantive evidence.
- Judge Moukawsher denied the motion to disqualify, found Cunha's claims unsupported and frivolous, and scheduled a disciplinary hearing.
- At the disciplinary hearing, Cunha made further disparaging remarks and was found to have violated several Rules of Professional Conduct; she was permanently disbarred unless later reinstated.
- Cunha appealed via writ of error, arguing violations of her due process and free speech rights, the lack of factual support for the findings, and the excessiveness of the disbarment penalty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due process in disciplinary hearing | No adequate notice, hearing unfairly limited | Notice and hearing tracked misconduct in record | Procedure was unusual but constitutionally sufficient; due process met |
| First Amendment/free speech | Sanction punished protected arguments/speech | Misconduct was not protected speech; process was sufficient | No heightened process or standard needed for speech-based misconduct |
| Factual basis for findings | No clear and convincing evidence of rule violations | Record shows persistent, reckless falsehoods and misconduct | Sufficient evidence; findings not clearly erroneous |
| Proportionality of sanction | Disbarment was excessive, given lack of prior discipline | Conduct was egregious, aggravated, and persistent | Disbarment was not an abuse of discretion; sanction upheld |
Key Cases Cited
- Burton v. Mottolese, 267 Conn. 1 (scope of due process rights and procedures in attorney discipline)
- Briggs v. McWeeny, 260 Conn. 296 (requirements for notice and hearing in attorney sanctions)
- Massameno v. Statewide Grievance Committee, 234 Conn. 539 (ongoing obligation of candor to court by attorneys)
- In the Matter of Presnick, 19 Conn. App. 340 (court’s authority for summary discipline based on in-court conduct)
- Chief Disciplinary Counsel v. Rozbicki, 150 Conn. App. 472 (factors in attorney sanction decisions)