Disciplinary Counsel v. Villeneuve
126 Conn. App. 692
| Conn. App. Ct. | 2011Background
- In 2008, Cunningham identified misrepresentations in Villeneuve's state workers' compensation job application.
- The Hartford panel referred the Cunningham concerns to the Windham panel after Villeneuve failed to substantiate identity-theft defenses.
- The Windham panel found probable cause to believe Villeneuve violated 8.4(3) and 8.4(4) and filed a formal grievance for 8.1(1), 8.2(a), 8.4(4).
- Disciplinary counsel filed the presentment in Superior Court on November 5, 2009; Villeneuve moved to dismiss and for summary judgment, both denied.
- On January 22, 2010, the court suspended Villeneuve’s license without prejudice for failing to appear; the court later explained its reasoning on March 16, 2010.
- Villeneuve appeals arguing lack of subject matter and personal jurisdiction and due process violations; the appellate court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject matter jurisdiction validity | Villeneuve claims no jurisdiction to present discipline. | Villeneuve argues court lacked subject matter jurisdiction. | Inherent authority to regulate attorney conduct supports jurisdiction. |
| Timeliness of suspension before ruling on personal jurisdiction | Record adequate; suspension permissible. | Suspension occurred prior to ruling on personal jurisdiction. | Review not available due to missing transcript; not decidable on appeal. |
| Due process—execution under penalties of false statement | Grievance complaint executed under penalties of false statement. | Complaint did not include such language. | Complaint included penalties language; no due process violation. |
| Due process—alleged violation of rule 8.4(3) | Presentment could support 8.4(3) despite not being explicit. | Failure to allege 8.4(3) violated 2-32(j). | No due process violation; 8.4(3) could be inferred and proceedings fair. |
Key Cases Cited
- Statewide Grievance Committee v. Burton, 88 Conn.App. 523 (2005) (discipline power and review standards)
- Statewide Grievance Committee v. Presnick, 215 Conn. 162 (1990) (due process in presentment proceedings)
- Statewide Grievance Committee v. Botwick, 226 Conn.2d 299 (1993) (presentment sufficiency and notice)
- Kucej v. Statewide Grievance Committee, 239 Conn. 449 (1996) (due process in disciplinary proceedings)