Mills v. Statewide Grievance Committee

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Mills v. Statewide Grievance Committee

JOHN W. MILLS v. STATEWIDE
GRIEVANCE COMMITTEE
(AC 46607)
Seeley, Westbrook and Sheldon, Js.

Syllabus

The plaintiff attorney appealed from the judgment of the trial court dismiss-
ing his appeal from the decision of the defendant Statewide Grievance
Committee, which found that he had violated the Rules of Professional
Conduct by filing a motion that contained statements about the integrity of
the judiciary with reckless disregard as to their truth or falsity. The plaintiff
claimed, inter alia, that the court improperly dismissed his appeal because
the record did not provide clear and convincing evidence that his statements
violated rule 8.2 (a) of the Rules of Professional Conduct. Held:

The trial court properly dismissed the plaintiff’s appeal because the griev-
ance committee’s determination that the plaintiff had violated rule 8.2 (a)
of the Rules of Professional Conduct was not contrary to applicable law,
as its reviewing committee applied the correct legal standard in considering
whether the plaintiff had an objective, reasonable belief that his statements
were true.

The trial court’s dismissal of the plaintiff’s appeal was not improper because
sufficient evidence existed to support the grievance committee’s decision
that the plaintiff had violated rule 8.2 (a) of the Rules of Professional Con-
duct, as his statements, in attacking the judges’ competence and alleged
faithfulness to the law, attacked the integrity of the Probate Court and the
Superior Court, and the plaintiff failed to provide proof of an objective and
reasonable basis for his statements.

The trial court did not err by failing to conclude that a reprimand was not
an appropriate sanction because the court was not required to make specific
findings regarding aggravating and mitigating factors under the American
Bar Association’s Standards for Imposing Lawyer Sanctions, there was no
indication that the court did not take those standards into account in reach-
ing its decision, and the grievance committee did not abuse its discretion
in issuing the reprimand because it properly found that the plaintiff had
violated rule 8.2 (a) of the Rules of Professional Conduct.
Argued September 6—officially released October 29, 2024

Procedural History

Appeal from the decision of the defendant finding that
the plaintiff’s conduct violated the Rules of Professional
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Mills v. Statewide Grievance Committee

Conduct and issuing a reprimand, brought to the Supe-
rior Court in the judicial district of Hartford and tried
to the court, Cobb, J.; judgment dismissing the appeal,
from which the plaintiff appealed to this court. Affirmed.
Suzanne B. Sutton, for the appellant (plaintiff).
Brian B. Staines, chief disciplinary counsel, for the
appellee (defendant).
Opinion

WESTBROOK, J. The plaintiff attorney, John W. Mills,
appeals from the judgment of the trial court dismissing
his appeal from the decision of the defendant, the State-
wide Grievance Committee (committee). The commit-
tee reprimanded the plaintiff after finding that he had
filed a motion containing statements that violated rules
8.2 (a) and 8.4 (4) of the Rules of Professional Conduct.1
The plaintiff claims on appeal that the court improperly
dismissed his appeal because (1) the reviewing commit-
tee of the Statewide Grievance Committee (reviewing
committee) applied the wrong test for determining
whether he made statements knowing them to be false
or with reckless disregard as to their truth or falsity,
(2) the record does not provide clear and convincing
evidence that his statements violated rule 8.2 (a), and
(3) the committee abused its discretion by reprimanding
the plaintiff. We disagree and affirm the judgment of
the court.
The following procedural history and facts, as found
by the reviewing committee, are relevant to this appeal.
1
Rule 8.2 (a) of the Rules of Professional Conduct provides: ‘‘A lawyer
shall not make a statement that the lawyer knows to be false or with reckless
disregard as to its truth or falsity concerning the qualifications or integrity
of a judge, adjudicatory officer or public legal officer, or of a candidate for
election or appointment to judicial or legal office.’’
Rule 8.4 of the Rules of Professional Conduct provides in relevant part:
‘‘It is professional misconduct for a lawyer to . . . (4) Engage in conduct
that is prejudicial to the administration of justice . . . .’’
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The litigation giving rise to this matter began in 2012,
when a decedent’s estate retained Attorney Douglas
Mahoney to pursue a wrongful death claim on the
estate’s behalf. In March, 2014, the estate terminated
Mahoney’s legal representation and retained the plain-
tiff instead. In April, 2014, the estate reached a $50,000
settlement agreement with Progressive Insurance Com-
pany (Progressive) and that amount was deposited into
Mahoney’s IOLTA account.2 The plaintiff thereafter filed
an action on behalf of the estate against its decedent’s
underinsured motorist insurer, Liberty Mutual Insur-
ance Company (Liberty Mutual). The estate subse-
quently reached a settlement with Liberty Mutual in
the amount of $200,000, of which the estate owed a
contingent fee of $66,666.66 to pay for its attorney’s fees.

Mahoney requested hearings before the Probate
Court to determine how the attorney’s fees in connec-
tion with the Progressive and Liberty Mutual settle-
ments should be split between himself and the plaintiff,
and the court ordered a hearing regarding whether and
how the fee for the Liberty Mutual settlement should
be split. The plaintiff appealed the order scheduling a
hearing on this issue to the Superior Court, but the
Probate Court proceeded with the scheduled hearing
while the appeal was pending. Following the hearing,
which the plaintiff did not attend, the Probate Court
ordered him to pay Mahoney $40,000 of the $66,666.66
in attorney’s fees he had received and was holding for
the estate as part of the Liberty Mutual settlement pro-
ceeds. The Superior Court dismissed the plaintiff’s origi-
nal appeal from the Probate Court’s order scheduling
a fee splitting hearing because the challenged hearing
already had taken place.
2
‘‘IOLTA stands for interest on lawyers’ trust accounts.’’ (Internal quota-
tion marks omitted.) Office of Chief Disciplinary Counsel v. Miller, 335
Conn. 474, 476 n.1, 239 A.3d 288 (2020).
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The plaintiff subsequently filed a new appeal with the
Superior Court challenging the Probate Court’s order
to pay Mahoney $40,000 of the $66,666.66 in attorney’s
fees he had received and was holding as part of the
Liberty Mutual settlement proceeds. He also filed a
motion to stay the challenged payment order, which
the court, Frechette, J., denied. The plaintiff next filed
a motion seeking to dismiss Mahoney’s claim for a split
fee in the Liberty Mutual case, arguing that the Probate
Court lacked subject matter jurisdiction over that dis-
pute, but the court denied that motion as well. Mahoney
thereafter filed a motion to disqualify the plaintiff as
counsel in their dispute concerning attorney’s fees for
the Liberty Mutual settlement, arguing that the plaintiff
would be a necessary witness in any de novo hearing
on that matter. The court granted the motion to disqual-
ify. The plaintiff subsequently filed a motion for order
to have a different judge assigned to hear and decide
all pending motions concerning the Liberty Mutual set-
tlement attorney’s fees dispute, which the court denied.
On January 20, 2017, the court held a trial de novo on
the Liberty Mutual settlement attorney’s fees dispute.
Following the trial, the court, Richards, J., awarded
Mahoney $40,000 of the $66,666.66 in attorney’s fees
that the plaintiff was holding as part of the Liberty
Mutual settlement proceeds. On February 21, 2018,
Mahoney moved the court, Ozalis, J., to issue an order
requiring the plaintiff to show cause why the court
should not hold him in contempt for failing to comply
with the order to pay Mahoney $40,000 from the attor-
ney’s fees he had received from the Liberty Mutual
settlement proceeds.
Before Mahoney’s contempt motion was resolved,
the plaintiff filed an interpleader action in the Superior
Court with respect to the monies he had been ordered
to pay to Mahoney. The court, Bellis, J., held settlement
conferences with the parties that ultimately resolved
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Mills v. Statewide Grievance Committee

the dispute, and the plaintiff filed a motion for an order
requesting that the funds be disbursed in accordance
with the prior court decision awarding Mahoney $40,000
of the plaintiff’s contingent fee. In his motion for an
order, the plaintiff stated: ‘‘While the undersigned genu-
inely appreciates the sincere efforts of this court to
bring this matter to a close after years of litigation, the
plaintiff is nevertheless completely disillusioned and
disappointed with the prior judges who have ‘heard’ this
case, and their unwillingness to make any meaningful
effort to analyze the facts and the law. Decision after
decision was not only legally incorrect, but devoid of
any meaningful jurisprudence. The plaintiff has opted
to resolve this case solely because it has become appar-
ent that, in this instance, for whatever reason, justice
is not possible. In thirty years of practice, I have never
seen anything like this, where the rules and the law are
simply and totally disregarded.’’ (Emphasis in original.)
After receiving this motion, the court, Bellis, J., referred
the plaintiff to the committee for investigation.
On February 15, 2021, the New Haven Judicial District
Grievance Panel found probable cause that the plain-
tiff’s statements in his motion for order violated rules
8.2 (a) and 8.4 (4) of the Rules of Professional Conduct.
The reviewing committee subsequently conducted a
hearing on the matter. In its May 20, 2022 decision, the
reviewing committee found the following facts by clear
and convincing evidence: ‘‘[N]one of the decisions or
motions the [plaintiff] took issue with were overturned
on any appeal. The [plaintiff], in making the representa-
tions that he did, made false statements concerning the
integrity of the judiciary.’’ Moreover, ‘‘[t]he [plaintiff’s]
motion for order contained superfluous information
that provided no added benefit or additional informa-
tion to the court in guiding its decision on whether or
not the motion for order should be granted. . . . While
the [plaintiff] may not have named any specific judges
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in the matter, it was clear that the [plaintiff] intended
to attack the judiciary without a basis to do so.’’ The
reviewing committee therefore concluded that the
plaintiff violated rules 8.2 (a) and 8.4 (4) by making
statements about the integrity of the judiciary with reck-
less disregard as to their truth or falsity. The reviewing
committee reprimanded the plaintiff for these viola-
tions.
Pursuant to Practice Book § 2-35 (k),3 the plaintiff
requested review of the reviewing committee’s deci-
sion. The committee thereafter issued a decision
affirming the decision of the reviewing committee, from
which the plaintiff, pursuant to Practice Book § 2-38,4
appealed to the Superior Court. In its April 27, 2023
memorandum of decision, the court, Cobb, J., found that
clear and convincing evidence supported the reviewing
committee’s findings and conclusion that the plaintiff
had violated rules 8.2 (a) and 8.4 (4) of the Rules of
Professional Conduct. The court additionally found that
the plaintiff had not sustained his burden of providing
objective and reasonable proof in support of his state-
ments about the judges. The court therefore dismissed
the plaintiff’s appeal. This appeal followed.
I
The plaintiff first claims that the trial court improp-
erly dismissed his appeal because the committee’s deci-
sion that he violated rule 8.2 (a) of the Rules of Profes-
sional Conduct is contrary to applicable law. The
plaintiff argues that the reviewing committee should
3
Practice Book § 2-35 (k) provides in relevant part that, ‘‘[w]ithin thirty
days of the issuance to the parties of the final decision by the reviewing
committee, the respondent may submit to the Statewide Grievance Commit-
tee a request for review of the decision. . . .’’
4
Practice Book § 2-38 (a) provides in relevant part that ‘‘[a] respondent
may appeal to the Superior Court a decision by the Statewide Grievance
Committee or a reviewing committee imposing sanctions or conditions
against the respondent . . . .’’
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have applied a subjective, rather than an objective, test
to determine whether he made the relevant statements
knowing them to be false or with reckless disregard as
to their truth or falsity. We disagree.
The issue before us is whether the reviewing commit-
tee applied the proper legal standard to the plaintiff’s
statements. ‘‘Because this presents a question of law,
our review is plenary.’’ Burton v. Mottolese, 267 Conn.
1, 25, 835 A.2d 998 (2003), cert. denied, 541 U.S. 1073,
124 S. Ct. 2422, 158 L. Ed. 2d 983 (2004).
Rule 8.2 (a) of the Rules of Professional Conduct
provides in relevant part that ‘‘[a] lawyer shall not make
a statement that the lawyer knows to be false or with
reckless disregard as to its truth or falsity concerning
the qualifications or integrity of a judge . . . .’’
(Emphasis added.) Our Supreme Court ‘‘has adopted
an objective test for attorney speech pursuant to which
an attorney speaking critically of a judge or a court
must have an objective basis for the statements. . . .
[W]holly conclusory allegations of judicial misconduct,
without objective factual support, justify the imposition
of attorney discipline.’’ (Citation omitted; internal quo-
tation marks omitted.) Statewide Grievance Committee
v. Burton, 299 Conn. 405, 413, 10 A.3d 507 (2011); see
also Notopoulos v. Statewide Grievance Committee,
277 Conn. 218, 227–28, 890 A.2d 509, cert. denied, 549
U.S. 823, 127 S. Ct. 157, 166 L. Ed. 2d 39 (2006); Burton
v. Mottolese, supra, 267 Conn. 49.
Our Supreme Court has noted that other states take
different approaches in cases concerning alleged viola-
tions of rule 8.2 (a) of the Rules of Professional Conduct.
In Notopoulos v. Statewide Grievance Committee,
supra, 277 Conn. 234 n.14, it stated: ‘‘[S]everal courts
have held that attorneys should be held to a higher
standard when leveling criticism that may adversely
affect the administration of justice. [Matter of Westfall,
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808 S.W.2d 829, 837 (Mo.), cert. denied, 502 U.S. 1009,
112 S. Ct. 648, 116 L. Ed. 2d 665 (1991)]. Other courts
have employed the criminal defamation standard set
forth in [Garrison v. Louisiana, 379 U.S. 64, 78, 85 S.
Ct. 209, 13 L. Ed. 2d 125 (1964)], which was based on
the seminal case of New York Times Co. v. Sullivan,
376 U.S. 254, 280, 84 S. Ct. 710, 11 L. Ed. 2d 686 (1964)
. . . .’’ (Internal quotation marks omitted.) Our
Supreme Court has not, however, adopted either of
these approaches and has consistently applied an objec-
tive test. Thus, the proper standard for determining
whether a lawyer knowingly or recklessly made a false
statement under rule 8.2 (a) is whether evidence shows
that the lawyer had an objective, reasonable belief that
the statement was true.
In the present case, the reviewing committee, in its
memorandum of decision, considered whether the
plaintiff had ‘‘an objective, reasonable belief that the
assertions were true,’’ and it concluded that he
‘‘intended to attack the judiciary without a basis to do
so.’’ (Emphasis added; internal quotation marks omit-
ted.) The trial court, in reviewing the committee’s deci-
sion, also found that the plaintiff ‘‘did not sustain his
burden of persuasion to provide objective and reason-
able proof to support his statements about the judges.’’
The reviewing committee applied the proper objective
test, and, therefore, the committee’s decision is not
contrary to applicable law.
II
The plaintiff next claims that the trial court improp-
erly dismissed his appeal because the committee’s find-
ing that he violated rule 8.2 (a) of the Rules of Profes-
sional Conduct is not supported by clear and convincing
evidence.5 He argues that (1) the committee failed to
5
At the hearing before the court, the plaintiff conceded that his conduct
violated rule 8.4 (4) of the Rules of Professional Conduct to the extent that his
statements were ‘‘prejudicial to the administration of . . . justice . . . .’’
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Mills v. Statewide Grievance Committee

meet its burden of proving misconduct, and (2) he had
an objective, reasonable belief that his statements were
true. We conclude that sufficient evidence exists to
support the committee’s decision. We therefore reject
the plaintiff’s claim.
The reviewing committee’s conclusion that the plain-
tiff made statements with reckless disregard as to their
truth or falsity is a factual finding. See Cohen v. State-
wide Grievance Committee, 339 Conn. 503, 520, 261
A.3d 722 (2021) (‘‘[t]he reviewing committee’s conclu-
sion that the plaintiff made a ‘knowingly false statement’
is a factual finding’’). ‘‘Factual findings of the reviewing
committee are reviewed under the clearly erroneous
standard.’’ Id. ‘‘Although the [committee] is not an
administrative agency . . . the court’s review of its
conclusions is similar to the review afforded to an
administrative agency decision.’’ (Citation omitted.)
Weiss v. Statewide Grievance Committee, 227 Conn.
802, 811, 633 A.2d 282 (1993). ‘‘The burden is on the
[committee] to establish the occurrence of an ethics
violation by clear and convincing proof.’’ (Internal quo-
tation marks omitted.) Somers v. Statewide Grievance
Committee, 245 Conn. 277, 290, 715 A.2d 712 (1998).
‘‘Upon appeal, the court shall not substitute its judg-
ment for that of the [committee] or reviewing commit-
tee as to the weight of the evidence on questions of
fact. The court shall affirm the decision of the commit-
tee unless the court finds that substantial rights of the
[plaintiff] have been prejudiced because the commit-
tee’s findings, inferences, conclusions, or decisions are:
(1) in violation of constitutional provisions, rules of
practice or statutory provisions; (2) in excess of the
authority of the committee; (3) made upon unlawful
procedure; (4) affected by other error of law; (5) clearly
erroneous in view of the reliable, probative, and sub-
stantial evidence on the whole record; or (6) arbitrary
or capricious or characterized by abuse of discretion
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or clearly unwarranted exercise of discretion.’’ Practice
Book § 2-38 (f). Stated succinctly, in reviewing a deci-
sion of the committee to sanction the plaintiff, ‘‘our
role is limited to reviewing the record to determine
if the facts as found are supported by the evidence
contained within the record and whether the conclu-
sions that follow are legally and logically correct.’’
(Internal quotation marks omitted.) Somers v. State-
wide Grievance Committee, supra, 245 Conn. 290.
As stated in part I of this opinion, rule 8.2 (a) of the
Rules of Professional Conduct provides in relevant part
that ‘‘[a] lawyer shall not make a statement that the
lawyer knows to be false or with reckless disregard as
to its truth or falsity concerning the qualifications or
integrity of a judge . . . .’’ The commentary to this rule
explains that ‘‘[a]ssessments by lawyers are relied on
in evaluating the professional or personal fitness of
persons being considered for . . . appointment to judi-
cial office and to public legal offices, such as attorney
general, prosecuting attorney and public defender.
Expressing honest and candid opinions on such matters
contributes to improving the administration of justice.
Conversely, false statements by a lawyer can unfairly
undermine public confidence in the administration of
justice.’’ Rules of Professional Conduct 8.2, commen-
tary.
Our Supreme Court has articulated a two-pronged
test for determining whether an attorney has violated
rule 8.2 (a) of the Rules of Professional Conduct. See
Statewide Grievance Committee v. Burton, supra, 299
Conn. 412–13. ‘‘[I]n cases in which an attorney is subject
to sanctions for violating rule 8.2 (a), the [committee]
must first present evidence of misconduct sufficient
to satisfy its burden of proving its case by clear and
convincing evidence. . . . If the [committee] sustains
its burden, then the burden of persuasion shifts to the
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Mills v. Statewide Grievance Committee

[attorney] to provide proof of an objective and reason-
able basis for the allegations.’’ (Citation omitted.) Id.
If the attorney presents ‘‘no evidence establishing a
factual basis for [his or] her claims . . . the fact finder
reasonably may conclude that the attorney’s claims
against the court were either knowingly false or made
with reckless disregard as to [their] truth or falsity.
. . . [U]nsupported allegations . . . do not give rise to
an objective, reasonable belief that the assertions were
true.’’ (Citations omitted; internal quotation marks omit-
ted.) Notopoulos v. Statewide Grievance Committee,
supra, 277 Conn. 227–28.
Here, under the first prong, the record contains clear
and convincing evidence to support the committee’s
finding that the plaintiff violated rule 8.2 (a) of the Rules
of Professional Conduct. The plaintiff wrote, signed,
and filed with the court a motion for order stating that
the judges who determined the fee split had an ‘‘unwill-
ingness to make any meaningful effort to analyze the
facts and the law,’’ that they ‘‘simply and totally disre-
garded’’ the law, and that ‘‘[d]ecision after decision was
not only legally incorrect, but devoid of any meaningful
jurisprudence,’’ with the result that ‘‘justice is not possi-
ble’’ in this case. (Emphasis in original.) Although the
plaintiff did not specifically name any judges, his state-
ments clearly attack the judges’ competence and alleged
faithfulness to the law, thereby attacking the integrity of
the Probate Court and the Superior Court. Furthermore,
the record shows, as the reviewing committee found,
that none of the decisions or motions that the plaintiff
took issue with was overturned on appeal. Had the
Probate Court and the Superior Court truly failed to
analyze the facts and the law, as the plaintiff contends,
he could and should have pursued and provided
grounds for such a claim on appeal. The plaintiff never
appealed. Accordingly, on the basis of our review of
the record, the committee met its burden of proving by
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clear and convincing evidence that the plaintiff made
false statements concerning the integrity of the judi-
ciary.
Under the second prong of the test, on which the
burden of proof is shifted to the plaintiff, the record
does not provide any proof of an objective and reason-
able basis for the plaintiff’s allegations. The plaintiff
had opportunities to prove the truth of those allegations
at the hearing before the reviewing committee and on
appeal to the trial court, but he failed to establish a
factual basis for such allegations in either forum. He
testified before the reviewing committee that he had
made the allegations because ‘‘he was frustrated and
upset with the entirety of the case and how the fee split
had been resolved. . . . Overall, the [plaintiff] felt as
if he did not have due process in the matter as to the
split of the legal fees . . . .’’ The plaintiff’s own frustra-
tion and opinions on the matter do not constitute an
objective and reasonable basis for his allegations that
the judges were incompetent.
In reviewing the committee’s decision, the court
asked the plaintiff to look ‘‘at the paragraph that’s at
issue that he wrote in his motion for order, to go line
by line, and then [the plaintiff] tell [the court] what
proof he has for that particular statement . . . .’’ The
plaintiff failed to provide proof for any statement
beyond conclusory claims that the decisions of the Pro-
bate Court and the Superior Court were legally incor-
rect. Following the hearing, the court found that the
plaintiff’s allegations were ‘‘unsupported by anything
but his own opinions.’’ On the basis of this review of
the record, we agree with the committee that the plain-
tiff did not meet his burden of persuasion.
The plaintiff argues on appeal that his statements
were true because the courts committed legal error,
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Mills v. Statewide Grievance Committee

including, inter alia, that the Probate Court lacked per-
sonal jurisdiction over the plaintiff, the trial court
improperly relied on the Probate Court’s order, and the
trial court improperly disqualified the plaintiff. We do
not need to decide whether these allegations are correct
because, even if the plaintiff genuinely believed that
the Probate Court and the Superior Court misapplied
the law or issued incorrect decisions, he should have
raised those issues directly rather than disparaging the
courts in a later motion for order. ‘‘Adverse rulings in
court proceedings, and even incorrect rulings, do not
in and of themselves amount to evidence of illegal or
unethical behavior on the part of a judge. . . . If the
plaintiff was dissatisfied with [judges’] conduct or rul-
ings, he had available to him other more appropriate
vehicles for complaint.’’ (Citation omitted.) Notopoulos
v. Statewide Grievance Committee, supra, 277 Conn.
230; see also Hartford Federal Savings & Loan Assn.
v. Tucker, 192 Conn. 1, 8, 469 A.2d 778 (1984) (‘‘[t]he
fact that a trial court has ruled adversely to the [plain-
tiff], even if some of those rulings have been determined
on appeal to be erroneous, does not demonstrate per-
sonal bias’’); Office of Chief Disciplinary Counsel v.
Vaccaro, 226 Conn. App. 75, 89, 317 A.3d 785 (2024)
(plaintiff should have challenged committee’s findings
via direct appeal rather than attempting to litigate same
issue in subsequent proceeding).
The plaintiff also asserts that he needed to include
the challenged statements in his motion for order to
explain his reason for settling and to protect himself
from additional grievances or continued litigation over
the fee split. The standard, however, is whether the
plaintiff had an objective, reasonable belief that his
statements were true. His motivation to avoid further
conflict with Mahoney has no bearing on whether his
statements about the competency of the judges were
true.
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Clear and convincing evidence supports the commit-
tee’s finding that the plaintiff made statements attacking
the integrity of the judges of the Probate Court and the
Superior Court. Because the committee met its burden,
the burden of persuasion shifted to the plaintiff to pro-
vide proof of an objective and reasonable basis for
his statements. The plaintiff, however, has not met his
burden of showing an objective, reasonable basis for
believing that the challenged statements were true, and,
therefore, the committee properly concluded that the
plaintiff’s claims against the court were made with reck-
less disregard as to their truth or falsity. Accordingly,
we conclude that the committee properly found by clear
and convincing evidence that the plaintiff violated rule
8.2 (a) of the Rules of Professional Conduct.
III
Lastly, the plaintiff claims that the committee abused
its discretion when it reprimanded him for violating
rules 8.2 (a) and 8.4 (4) of the Rules of Professional
Conduct. He argues that the trial court (1) should have
made specific findings regarding aggravating and miti-
gating factors under the American Bar Association’s
Standards for Imposing Lawyer Sanctions (ABA stan-
dards), and (2) should have concluded that a reprimand
is not an appropriate sanction. We disagree.
‘‘[T]he trial court possesses inherent judicial power,
derived from judicial responsibility for the administra-
tion of justice, to exercise sound discretion to deter-
mine what sanction to impose in light of the entire
record before it. . . . It is well established that in sanc-
tioning an attorney for violations of the Rules of Profes-
sional Conduct, courts are, as they should be, left free
to act as may in each case seem best in this matter of
most important concern to them and to the administra-
tion of justice. . . . Whether this court would have
imposed a different sanction is not relevant. Rather,
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we must determine whether the trial court abused its
discretion in determining the nature of the sanction.
. . . We may reverse the court’s decision [in sanc-
tioning an attorney] only if that decision was unreason-
able, unconscionable or arbitrary, and was made with-
out proper consideration of the facts and law pertaining
to the matter submitted.’’ (Internal quotation marks
omitted.) Office of Chief Disciplinary Counsel v. Vac-
caro, supra, 226 Conn. App. 90; see also Disciplinary
Counsel v. Serafinowicz, 160 Conn. App. 92, 98–99,
123 A.3d 1279, cert. denied, 319 Conn. 953, 125 A.3d
531 (2015).
Here, the plaintiff argues that the trial court should
have applied ABA standards 3.0, 9.22, and 9.32 and
made findings as to certain aggravating and mitigating
factors.6 ‘‘Although the ABA [s]tandards are frequently
6
Standard 3.0 provides that, ‘‘[i]n imposing a sanction after a finding of
lawyer misconduct, a court should consider the following factors: (a) the
duty violated; (b) the lawyer’s mental state; (c) the potential or actual injury
caused by the lawyer’s misconduct; and (d) the existence of aggravating
or mitigating factors.’’ A.B.A., Compendium of Professional Responsibility:
Rules and Standards (2017 Ed.), p. 455, standard 3.0.
Standard 9.22 sets forth the following aggravating factors: ‘‘(a) prior disci-
plinary offenses; (b) dishonest or selfish motive; (c) a pattern of misconduct;
(d) multiple offenses; (e) bad faith obstruction of the disciplinary proceeding
by intentionally failing to comply with rules or orders of the disciplinary
agency; (f) submission of false evidence, false statements, or other deceptive
practices during the disciplinary process; (g) refusal to acknowledge wrong-
ful nature of conduct; (h) vulnerability of victim; (i) substantial experience
in the practice of law; (j) indifference to making restitution; (k) illegal
conduct, including that involving the use of controlled substances.’’ Id., p.
463, standard 9.22.
Standard 9.32 sets forth the following mitigating factors: ‘‘(a) absence of
a prior disciplinary record; (b) absence of a dishonest or selfish motive;
(c) personal or emotional problems; (d) timely good faith effort to make
restitution or to rectify consequences of misconduct; (e) full and free disclo-
sure to disciplinary board or cooperative attitude toward proceedings; (f)
inexperience in the practice of law; (g) character or reputation; (h) physical
disability; (i) mental disability or chemical dependency including alcoholism
or drug abuse . . . (j) delay in disciplinary proceedings; (k) imposition of
other penalties or sanctions; (l) remorse; (m) remoteness of prior offenses.’’
Id., p. 464, standard 9.32.
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Mills v. Statewide Grievance Committee

used as a guide for courts in determining appropriate
discipline, [t]he [s]tandards, originally promulgated in
1986, have not formally been adopted by the judges of
this state. . . . Accordingly, although a court should
consider . . . the existence of aggravating or mitigat-
ing factors . . . there is no express requirement that
it do so. Further, even when a court is provided with
relevant mitigating evidence, it is free to reject that
evidence.’’ (Citations omitted; emphasis in original;
internal quotation marks omitted.) Office of Chief Dis-
ciplinary Counsel v. Vaccaro, supra, 226 Conn. App.
93. The court, therefore, was not required to consider
the ABA standards in dismissing the plaintiff’s appeal
from the committee’s decision to reprimand him. More-
over, there is no indication that the court did not take
the ABA standards into account in reaching its decision.
‘‘The court was free to credit or reject this [evidence] as
well as to exercise its discretion in considering evidence
that might be irrelevant or cumulative. . . . Further,
there is no requirement that the court set forth its
express consideration of [specific] evidence in its mem-
orandum of decision . . . .’’ (Citations omitted; inter-
nal quotation marks omitted.) Id., 96. Thus, the court
may have considered the ABA standards without mak-
ing express findings under any such factor.

The plaintiff also argues that a reprimand is not
appropriate because, although he concedes that he vio-
lated rule 8.4 (4) of the Rules of Professional Conduct,
he maintains that he did not violate rule 8.2 (a) and,
therefore, he should not be reprimanded. As discussed
in part II of this opinion, however, the committee prop-
erly found that the plaintiff violated rule 8.2 (a). The
plaintiff points to no other reason why a reprimand is
not a proper sanction for these violations. Thus, the
committee did not abuse its discretion by issuing a
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Mills v. Statewide Grievance Committee

reprimand as a sanction to the plaintiff, and the trial
court properly dismissed the appeal.
The judgment is affirmed.
In this opinion the other judges concurred.