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ADAM SHELTON v. STATEWIDE GRIEVANCE COMMITTEE.

RULING

BEACH, JUDGE.

After thoroughly reviewing the briefs and record, I find that the respondents' rights were prejudiced and the matter is remanded for further proceedings. See § 2-38 (f) of the Practice Book. The committee found that the respondent had offered to settle for $2,000 prior to the entry of judgment; the respondent steadfastly denied any such contact. The only evidence in support of the finding are two letters from the complainant and one form, signed under penalty of false statement but not sworn to. The respondent repeatedly stressed that he had no way of vindicating himself without the ability to cross-examine the complainant. See R. 30, 31, 35, 51. I find no evidence of a clear waiver. In the narrow circumstances of this case, considering the importance of the constitutional right of cross-examination; see, e.g., § 2-34 (d) of the Practice Book; I believe that constitutional rights were implicated and that the decision is not supported by substantial evidence sufficient to support the clear and convincing standard.

Beach, J. CT Page 9491

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SHELTON v. STATEWIDE GRIEVANCE COMM., No. CV-02-0819676-S (Aug. 21, 2003)
(Aug 21, 2003)