STATEWIDE GRIEVANCE COMMITTEE
Alphonse DeJulio, Complainant vs. Thomas W. Bucci, Jr., Respondent
Grievance Complaint #04-0293B
DECISION
Pursuant to Practice Book §2-35, the undersigned, duly-appointed reviewing committee of the Statewide Grievance Committee, conducted a hearing at the Superior Court, 1061 Main Street, Bridgeport, Connecticut on September 1, 2004. The hearing addressed the record of the complaint filed on March 29, 2004, and the probable cause determination filed by the Fairfield Judicial District Grievance Panel on August 4, 2004, finding that there existed probable cause that the Respondent violated Practice Book §2-32(a)(1).
Notice of the hearing was mailed to the Complainant, to the Respondent and to the Office of the Chief Disciplinary Counsel on July 26, 2004. Neither the Complainant nor the Respondent appeared at the hearing. Pursuant to Practice Book §2-35(d), Chief Disciplinary Counsel Mark A. Dubois pursued the matter before this reviewing committee.
This reviewing committee finds the following fact by clear and convincing evidence:
The Respondent did not file a written answer to the grievance complaint.
This reviewing committee also considered the following:
In his grievance complaint, the Complainant alleged that he retained the Respondent and Attorney Joseph Mirsky with regard to a criminal defense matter. Most of the substantive allegations of the complaint were directed at Attorney Mirsky, who was the subject of a separate grievance complaint. The grievance panel in this matter only found probable cause as to the Respondent’s failure to answer.
This reviewing committee finds by clear and convincing evidence that the Respondent failed to file a written answer to the grievance complaint, in violation of Practice Book §2-32(a)(1).
We conclude that a reprimand is appropriate for the Respondent’s violation of Practice Book §2-32(a)(1). However, the Respondent has been disciplined by the court and reviewing committees of the Statewide Grievance Committee at least three times within the five-year period preceding the date of the filing of this grievance complaint. During this five-year period, the Respondent was disciplined in the following cases:
Grievance Complaint #01-0157, Bayliss v. Bucci, reprimand issued on August 15, 2003;
Grievance Complaint #02-0024, Victor v. Bucci, reprimand issued on August 15, 2003;
Grievance Complaint #02-0547, Valentine v. Bucci, reprimand issued on October 24, 2003;
Grievance Complaint #02-0706, Vazquez v. Bucci, reprimand issued on March 19, 2004;
Grievance Complaint #02-1139, Quint v. Bucci, reprimand issued on March 5, 2004; and
Statewide Grievance Committee v. Bucci, CV03-0404831-S, Judicial District of Fairfield at Bridgeport, one-year suspension ordered on February 27, 2004, with an effective date of March 8, 2004.
As such, pursuant to Practice Book §2-47(d)(1), we direct the disciplinary counsel to file a presentment against the Respondent in the Superior Court.
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Attorney Rita A. Steinberger
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Attorney Randy L. Cohen
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