Statewide Grievance Committee v. Burton
10 A.3d 507
Conn.2011Background
- In December 1995 Burton, a Connecticut attorney, wrote a letter to the Chief Justice accusing three Superior Court judges of judicial misconduct and requesting an investigation; the court declined to conduct a formal inquiry.
- In December 2003 the Statewide Grievance Committee filed a presentment alleging Burton violated rules 8.2(a) and 8.4(4) based on the 1995 letter and noting Burton’s prior disbarment for misconduct in 2000 and prior reprimands.
- Burton had previously been disbarred for misconduct related to events in 2000 (with related appellate history) and had other reprimands noted in the record.
- The trial court initially dismissed the presentment sua sponte for lack of subject matter jurisdiction, citing Burton’s prior disbarment; the appellate court later reversed and remanded for further proceedings.
- After trial, the court found by clear and convincing evidence that Burton violated 8.2(a) and 8.4(4); Burton was disbarred again and prohibited from applying for reinstatement for five years after satisfying conditions tied to her prior disbarment.
- The court also upheld the AG’s quashal of Burton’s subpoenas for two judges, ruled against Burton’s bias claim, denied Burton’s motion to dismiss, and found the presentment did not constitute duplicative discipline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Burton violated 8.2(a) and 8.4(4) based on her letter | Statewide Grievance Committee | Burton | Yes; statements lacked objective factual support and were made with reckless disregard |
| Whether the court properly interpreted the letter and standards of judicial conduct | Statewide Grievance Committee | Burton | Proper interpretation; no error in applying standards |
| Whether the subpoenas to two judges should have been granted over judicial immunity | Statewide Grievance Committee | Burton | No; immunity barred compelled testimony about deliberations |
| Whether the trial court displayed bias against Burton | Statewide Grievance Committee | Burton | No; record shows no bias or prejudice |
| Whether the presentment constituted duplicative discipline | Statewide Grievance Committee | Burton | Not duplicative; treated as aggravating factor in prior discipline |
Key Cases Cited
- Notopoulos v. Statewide Grievance Committee, 277 Conn. 218 (2006) (objective basis required for attorney speech about judges)
- Burton v. Mottolese, 267 Conn. 1 (2003) (prior disbarment and discipline framework)
- Statewide Grievance Committee v. Burton, 282 Conn. 1 (2007) (appellate review of grievance decisions; context for standards)
- Gold v. Warden, 222 Conn. 312 (1992) (compelling need for judge's testimony; judicial immunity)
- Notopoulos v. Statewide Grievance Committee (duplicate listing for emphasis), 277 Conn. 218 (2006) (see above)
- Winn v. Posades, 281 Conn. 50 (2007) (plaintiff-friendly review standard in civil matters)
- Bieluch v. Bieluch, 199 Conn. 550 (1986) (bias and prejudice standards in judicial contexts)