Judge dismisses incapacity claim against Glastonbury lawyer

by Alex Wood

Feb. 25—A judge has found a Glastonbury lawyer "not currently incapacitated from continuing to practice law," but the lawyer still faces possible disciplinary action for what a state watchdog alleges are false statements he made about judges during the case over his capacity to practice law.

COMPETENT

LAWYER: Wesley S. Spears of Glastonbury

RULING: He has the capacity to practice law.

PENDING: Accusation that Spears violated ethical rules with allegations he made about judges during the case over his capacity

Lawyer Wesley S. Spears gave the Journal Inquirer a copy of a Feb. 10 order by Hartford Superior Court Judge Susan Quinn Cobb dismissing a petition by Connecticut's disciplinary counsel for lawyers that sought to have Spears placed on inactive status due to incapacity.

Online court records confirm that Cobb issued a partial judgment in the case Feb. 10, but the text of her order is unavailable online.

The copy of the order provided by Spears bases the decision to dismiss the petition for inactive status on a court-ordered evaluation of Spears by psychologist Andrew W. Meisler.

The judge said in a separate order that she had provided a copy of Meisler's evaluation to the disciplinary counsel's office and Spears. But she added that she had sealed it from public view because Spears' "right to medical and mental health treatment and ability to pursue a livelihood outweigh the public interest in open proceedings."

The judge said in the Feb. 10 order that an "evidentiary hearing" would be scheduled on a motion by the disciplinary counsel's office for an order requiring Spears to show why he shouldn't be disciplined for the statements he made about judges during the case.

Online court records show that a hearing is scheduled for April 12 and 13.

In a court document, Brian B. Staines, Connecticut's chief disciplinary counsel for lawyers, has recited several allegations made by Spears during the case over his capacity to practice law. Staines charged that Spears' allegations "contain false statements of fact and attempt to improperly influence these proceedings."

Staines cited several of Connecticut's ethical rules for lawyers that he said Spears had violated, including a rule prohibiting a lawyer from making a statement he knows to be false or with reckless disregard for its truth or falsity.

Among the allegations by Spears that the disciplinary counsel challenges are that he "personally observed" two judges "in an intimate moment."

Other claims by Spears that Staines challenges are that one of those judges initiated the inactive status proceeding in an attempt to block discovery of the other judge's erroneous rulings in a criminal case and that the second judge made erroneous rulings in a second criminal case as well. Also at issue is Spears' claim that a third judge, who signed a search warrant for Spears' home, knew Spears had filed a complaint against a fellow judge.

The search warrant involved a gunshot Glastonbury police believe was fired in Spears' apartment in the 10 Glastonbury Place complex off House Street in July.

Police arrested Spears in October on charges of illegal discharge of a firearm and evidence tampering. He was then released on bond.

Most records of the criminal case are now unavailable to the public. But the limited online records still available show that the case is awaiting disposition on Feb. 16, 2024. That probably indicates that Spears has been granted admission to a pretrial diversion program, such as accelerated rehabilitation, which can lead to dismissal of the criminal charges if he successfully completes a period of pretrial probation.

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Judge dismisses incapacity claim against Glastonbury lawyer