Rule 251.27.Proceedings Before the 
 Supreme Court 
 (a)Appellate Jurisdiction. 
 Appellate review by the 
 Supreme Court of every final decision of the Hearing 
 Board in which public censure, 
 a period of suspension, disbarment, or transfer to disability 
 inactive status is ordered or in which reinstatement or 
 readmission is denied shall be allowed as provided by these rules. 
  
 (b)Standard of Review. 
 All disciplinary and disability 
 proceedings filed in the Supreme Court as herein provided 
 shall be conducted in the name of the People of the State of 
 Colorado titled "IN THE MATTER OF [the name of the 
 ATTORNEY-RESPONDENT]" and shall be prosecuted by 
 the Regulation Counsel. 
  
 When proceedings are conducted before the Supreme Court 
 as herein provided, the Supreme Court shall affirm the 
 decision of the Hearing Board 
 unless it determines that, based on the record, the findings 
 of fact of the Hearing Board are clearly erroneous or that the 
 form of discipline imposed by the Hearing Board (1) bears 
 no relation to the conduct, (2) is manifestly excessive or insufficient in relation to the 
 needs of the public, or (3) is otherwise unreasonable. The 
 Supreme Court may conduct a de novo review of the conclusions of law. 
  
 The matter shall be docketed by the clerk of the Supreme Court as: 
  
 SUPREME COURT, STATE OF COLORADO 
  
 Case No. 
  
 ORIGINAL PROCEEDING IN DISCIPLINE [OR DISABILITY] 
  
 IN THE MATTER OF [the name of the  ATTORNEY-RESPONDENT] 
  
 (c)Appeal--How Taken. 
 An appeal from a Hearing Board 
 to the Supreme Court shall be taken by filing a notice of 
 appeal with the Supreme Court within the time set forth in 
 this Rule. Upon the filing of the notice of appeal, the 
 Supreme Court shall have the exclusive jurisdiction over the 
 appeal and procedures concerning the appeal unless otherwise 
 specified by these Rules. An advisory copy of the notice of 
 appeal shall be served on the Presiding Disciplinary Judge 
 within the time for its filing in the Supreme Court. Failure 
 of an appellant to take any step other than the timely filing 
 of a notice of appeal does not affect the validity of the 
 appeal, but is a ground only for such action as the Supreme 
 Court deems appropriate, which may include dismissal of the 
 appeal. Content of the notice of appeal shall not be deemed jurisdictional. 
  
 (d)Contents of Notice of Appeal. 
 Except as otherwise 
 provided by these rules, and to the extent practicable, the 
 notice of appeal shall conform to the requirements set forth 
 in C.A.R. 3(e). 
  
 (e)Contents of Any Notice of Cross-Appeal. 
 A notice of cross-appeal shall set forth the same information required for 
 a notice of appeal and shall set forth the party initiating 
 the cross-appeal and designate all cross-appellees. 
  
 (f)Number of Copies to be Filed. 
 Five copies of the notice of appeal or cross-appeal shall be filed with the original. 
  
 (g)Appeal--When Taken. 
 The notice of appeal required 
 by this rule shall be filed with the Supreme Court with an 
 advisory copy served on the Presiding Disciplinary Judge 
 within twenty days of the date of mailing the decision from 
 which the party appeals. If a timely notice of appeal is 
 filed by a party, the other party may file a notice of appeal 
 within fourteen days of the date on which the first notice of 
 appeal is filed, or within the time otherwise prescribed by 
 this section (g), whichever period last expires. 
  
 The running of the time for filing a notice of appeal is 
 terminated as to both parties by a timely motion filed with 
 the Presiding Disciplinary Judge by either party pursuant to 
 the Colorado Rules of Civil Procedure hereafter enumerated in 
 this sentence, and the full time for appeal fixed by this 
 section (g) commences to run and is to be computed from the 
 entry of any of the following orders made upon a timely motion 
 under such rules: (1) granting or denying a motion under 
 C.R.C.P. 52 or 59, to amend or make additional findings of 
 fact, whether or not an alteration of the judgment would be 
 required if the motion is granted; (2) granting or denying a 
 motion under C.R.C.P. 59, to alter or amend the judgment; (3) 
 denying a motion for a new hearing under C.R.C.P. 59; (4) 
 expiration of an extension of time granted by the Presiding 
 Disciplinary Judge to file motion(s) for post-hearing relief 
 under C.R.C.P. 59, where no motion is filed. The Hearing 
 Board shall continue to have jurisdiction to hear and decide a 
 motion under C.R.C.P. 59 regardless of the filing of a notice 
 of appeal, provided the C.R.C.P. 59 motion is timely filed 
 under C.R.C.P. 59(a) and determined within the time specified 
 in C.R.C.P. 59(j). During such time, all proceedings in the 
 Supreme Court shall be stayed. If the decision is transmitted 
 to the parties by mail, the time for the filing of the notice 
 of appeal shall commence from the date of the mailing of the decision. 
  
 Upon a showing of excusable neglect, the Supreme Court 
 may extend the time for filing the notice of appeal by a party 
 for a period not to exceed thirty days from the expiration of 
 the time otherwise prescribed by this section (g). Such an 
 extension may be granted before or after the time otherwise 
 prescribed by this section (g) has expired; but if a request 
 for an extension is made after such time has expired, it shall 
 be made by motion with such notice as the Supreme Court shall 
 deem appropriate. 
  
 (h)Stay Pending Appeal. 
 Application for a stay of the 
 decision of a Hearing Board pending appeal must ordinarily be 
 made in the first instance to the Hearing Board. The 
 application for stay pending appeal should be granted except 
 when an immediate suspension has been ordered, or when no 
 conditions of probation and supervision while the appeal is 
 pending will protect the public. A motion for such relief may 
 be made to the Supreme Court, but the motion shall show that 
 application to the Hearing Board for the relief sought is not 
 practicable, or that the Hearing Board has denied an 
 application, or has failed to afford the relief which the 
 applicant requested, with the reasons given by the Hearing 
 Board for its action. The motion shall also show the reasons 
 for the relief requested and the facts relied upon, and if the 
 facts are subject to dispute the motion shall be supported by 
 affidavits or other sworn statements or copies thereof. With 
 the motion shall be filed such parts of the record as are 
 relevant. Reasonable notice of the motion shall be given to all parties. 
  
 (i)Record on Appeal--Composition. 
 (1)The final pleadings which frame the issues before the 
 Hearing Board; the findings of fact, conclusions of law and 
 decision; motions for new trial and other post-trial motions, 
 if any, and the Hearing Board's ruling; together with any 
 other documents which by designation of either party or by 
 stipulation are directed to be included shall constitute the 
 record on appeal in all cases. 
  
 (2)The reporter's transcript, or such parts thereof as 
 provided under section (j) of this rule, relevant depositions 
 and exhibits may be made a part of the record. 
  
 (3)The records and files of the Hearing Board shall be 
 certified by the clerk of the Presiding Disciplinary Judge. 
  
 (4)The original papers in all instances shall be in the 
 record submitted. Except on written request by a party, the 
 Presiding Disciplinary Judge need not duplicate or retain a 
 copy of the papers or exhibits included in the record. The 
 party requesting that a duplicate be retained shall advance 
 the cost of preparing the copies. 
  
 (5)The record shall be properly paginated and fully 
 indexed and shall be prepared and bound under the direction of 
 the Presiding Disciplinary Judge. 
  
 (j)Record of Proceedings; Duty of Appellant to Order; 
 Notice to Appellee if Partial Record is Ordered; Costs. 
 Within ten days after filing the notice of appeal, the 
 appellant shall file with the Presiding Disciplinary Judge and 
 with the clerk of the Supreme Court either: (1) a statement 
 that no portions of the record other than those numerated in 
 section (i) are desired or (2) a detailed designation of 
 record, setting forth specifically those portions of the 
 record to be included and all dates of proceedings for which 
 transcripts are requested and the name(s) of the court 
 reporter(s) who reported the proceedings that the appellant 
 directs to be included in the record. The appellant shall 
 serve a copy of the designation of record on each court 
 reporter listed therein. If the appellant contends that a 
 finding or conclusion is not supported by the evidence, the 
 appellant shall include in the record a transcript of all 
 evidence relevant to such finding or conclusion. Unless the 
 entire transcript is to be included, the appellant shall 
 include in the designation of record a description of the part 
 of the transcript that the appellant intends to include in the 
 record and a statement of the issues to be presented on 
 appeal. If the appellee deems it necessary to include a 
 transcript of other proceedings or other parts of the record, 
 the appellee shall, within ten days after the service of the 
 statement or the appellant's designation of the record, file 
 with the Presiding Disciplinary Judge and the Supreme Court, 
 and serve on the appellant and on any court reporter who 
 reported proceedings of which the appellee desires an 
 additional transcript, a designation of the additional items 
 to be included. Service on any court reporter of the 
 appellant's designation of record or the appellee's additional 
 designation of record shall constitute a request for 
 transcription of the specified proceedings. Within fourteen 
 days after service of any such designation of record, each 
 such court reporter shall provide in writing to all counsel in 
 the appeal: (1) the estimated number of pages to be 
 transcribed; (2) the estimated completion date; and (3) the 
 estimated cost of transcription. Within twenty days after 
 receiving the reporter's estimate, the designating party shall 
 deposit the full amount of such estimate with the court 
 reporter. For good cause shown, within said twenty days and 
 upon the agreement of the court reporter, the Presiding 
 Disciplinary Judge may order a payment schedule extending the 
 time for payment. When the cost of the transcription will be 
 paid by public funds, the public entity shall make 
 arrangements with the court reporter for payment of the 
 transcription costs. Within thirty days of the transmittal of 
 the court reporter's cost estimate to the pro se party or 
 counsel, the court reporter shall file with the Presiding 
 Disciplinary Judge and Supreme Court a statement of: (1) the 
 date the court reporter's estimate was provided and the date 
 on which the reporter received full payment of the estimate; 
 or (2) the schedule of payments approved by the Presiding 
 Disciplinary Judge under a good cause extension; or (3) that 
 the cost of the transcript will be paid from public funds. 
 Each party shall advance the cost of preparing that part of 
 the record designated by such party except as otherwise 
 ordered by the Presiding Disciplinary Judge for good cause 
 shown. 
  
 (k)Transmission of the Record. 
 (1)Time. 
 The record on appeal, including the transcript 
 and exhibits necessary for the determination of the appeal, 
 shall be transmitted to the Supreme Court within sixty days 
 after the filing of the notice of appeal unless the time is 
 shortened or extended by an order entered as provided in this 
 rule. After filing the notice of appeal the appellant shall 
 comply with the provisions of this rule and shall take any 
 other action necessary to enable the Presiding Disciplinary 
 Judge to assemble and transmit the record. 
  
 (2)Duty Of Presiding Disciplinary Judge To Transmit The Record. 
 When the record, including any designated transcript, 
 is complete for purposes of the appeal, the clerk of the 
 Presiding Disciplinary Judge shall transmit it to the clerk of 
 the Supreme Court. The clerk of the Presiding Disciplinary 
 Judge shall number the documents comprising the entire 
 designated record and shall transmit with the record a list of 
 the documents correspondingly numbered and identified with 
 reasonable definiteness. Documents of unusual bulk or weight 
 and physical exhibits other than documents shall not be 
 transmitted unless a party or the Supreme Court directs the 
 Presiding Disciplinary Judge to do so. A party must make 
 advance arrangements for the transportation and receipt of 
 exhibits of unusual bulk or weight. 
  
 Transmission of the record is effected when the clerk of 
 the Presiding Disciplinary Judge mails or otherwise forwards 
 the record to the clerk of the Supreme Court. The clerk of 
 the Presiding Disciplinary Judge shall indicate, by 
 endorsement on the face of the record or otherwise, the date 
 upon which it is transmitted to the Supreme Court. 
  
 (3)Temporary Retention of Record by the Presiding 
 Disciplinary Judge For Use In Preparing Appellate Papers. 
 Notwithstanding the provisions of this rule, the parties may 
 stipulate, or the Presiding Disciplinary Judge on motion of 
 any party may order, that the record shall temporarily be 
 retained by the Presiding Disciplinary Judge for use by the 
 parties in preparing appellate papers. In that event, the 
 appellant shall nevertheless cause the appeal to be docketed 
 and the record to be filed within the time fixed or allowed 
 for transmission of the record by complying with the 
 provisions of this Rule and by presenting to the Supreme Court 
 a partial record in the form of a copy of the docket entries, 
 accompanied by a certificate of counsel for the appellant, or 
 of the appellant if the appellant is without counsel, reciting 
 that the record, including the transcript or parts thereof 
 designated for inclusion and all necessary exhibits, is 
 complete for purposes of the appeal. Upon receipt of the 
 brief of the appellee, or at such earlier time as the parties 
 may agree or the Supreme Court may order, the appellant shall 
 request the Presiding Disciplinary Judge to transmit the record. 
  
 (4)Extension Of Time For Transmission Of The Record; 
 Reduction Of Time. The Supreme Court for good cause shown may 
 extend the time for transmitting the record. A request for 
 extension must be made within the time originally prescribed 
 or within an extension previously granted. Any request for 
 extension of the period of time based upon the reporter's 
 inability to complete the transcript shall be supported by an 
 affidavit of the reporter specifying why the transcript has 
 not yet been prepared, and the date by which the transcript 
 can be completed and a statement by the court reporter that 
 all payments due have been made. Failure to pay for the 
 transcript in accordance with C.R.C.P. 251.27(j) is grounds 
 for denial of a motion for extension. The Supreme Court may 
 direct the Presiding Disciplinary Judge to expedite the 
 preparation and transmittal of the record on appeal and, upon 
 motion or sua sponte, take other appropriate action regarding 
 preparation and completion of the record. 
  
 (5)Stipulation Of Parties That Parts of the Record Be 
 Retained By the Presiding Disciplinary Judge. The parties may 
 agree by written stipulation filed with the Presiding 
 Disciplinary Judge that designated parts of the record shall 
 be retained by the Presiding Disciplinary Judge unless 
 thereafter the Supreme Court shall order or any party shall 
 request their transmittal. The parts thus designated shall 
 nevertheless be a part of the record on appeal for all purposes. 
  
 (6)Preliminary Record Transmitted to the Supreme Court. 
 If prior to the time the record is transmitted, a party 
 desires to make to the Supreme Court a motion for dismissal, 
 for a stay pending appeal, or for any intermediate order, the 
 Presiding Disciplinary Judge at the request of any party shall 
 transmit to the Supreme Court such parts of the original 
 record as any party shall designate. 
  
 (l)Docketing the Appeal. 
 (1)Filing. 
 At the time of the filing of the notice of 
 appeal or the time of filing any documents with the Supreme 
 Court before the filing of the notice of appeal, the Appellant 
 shall pay to the clerk of the Supreme Court a docket fee of 
 $150 and the clerk shall enter the appeal upon the docket. 
 The party appealing shall docket the case as provided in section (b) of this Rule. 
  
 (2)Leave to Proceed On Appeal In Forma Pauperis From 
 Hearing Board to Supreme Court. A party to an action before a 
 Hearing Board who desires to proceed on appeal in forma 
 pauperis shall file with the Presiding Disciplinary Judge a 
 motion for leave so to proceed, together with an affidavit 
 showing an inability to pay costs, a belief that the party is 
 entitled to redress, and a statement of the issues which the 
 party intends to present on appeal. If the motion is granted, 
 the party may proceed without further application to the 
 Supreme Court and without prepayment of costs. If the motion 
 is denied, the Presiding Disciplinary Judge shall state in 
 writing the reasons for the denial. 
  
 Notwithstanding the provisions of the preceding 
 paragraph, a party who has been permitted to proceed in an 
 action before the Presiding Disciplinary Judge in forma 
 pauperis may proceed on appeal in forma pauperis without 
 further authorization unless, before or after the notice of 
 appeal is filed, the Presiding Disciplinary Judge shall 
 certify that the appeal is not taken in good faith or shall 
 find that the party is otherwise not entitled so to proceed, 
 in which event the Presiding Disciplinary Judge shall state in 
 writing the reasons for such certification or finding. A 
 party proceeding under this subsection shall attach a copy of 
 the Presiding Disciplinary Judge's order granting or denying 
 leave to proceed in forma pauperis before the Hearing Board 
 with the appendix to the notice of appeal. 
  
 (3)Filing Of The Record. Upon receipt of the record or 
 papers authorized to be filed in lieu of the record under the 
 provisions of subsections (k)(3) and (k)(6) of this rule 
 following timely transmittal, the clerk of the Supreme Court 
 shall file the record. The clerk shall immediately give 
 notice to all parties of the date on which the record was filed. 
  
 (4)The appellant shall have thirty days after the filing 
 with the clerk of the Supreme Court of the record on appeal 
 within which to file an opening brief. The appellee shall 
 have thirty days after the filing of the appellant's opening 
 brief within which to file an answer brief. The appellant 
 shall have ten days after the filing of the answer brief 
 within which to file a reply brief. 
  
 (m)General Provisions. 
 Except as otherwise provided in 
 these Rules, and to the extent practicable, appeals shall be 
 conducted in conformity with the general provisions found in 
 C.A.R. 25, 26, 27, 28, 29, 31, 32, 34, 36, 38, 39, 42, and 45. 
  
 (n)Oral Argument. 
 Oral argument may be allowed at the 
 discretion of the court in accordance with C.A.R. 34. 
  
 (o)Disposition. 
 When proceedings are conducted before 
 the Supreme Court as herein provided, the Supreme Court may 
 resolve the matter by opinion or by order without opinion, as 
 the court shall determine in its discretion. 
  
 

                                                                
ANNOTATIONSSource: 
 Amended and adopted June 25, 1998, effective January 1, 1999; 
 (b) amended and adopted October 29, 1998, effective January 1, 1999; 
 entire rule amended and effective September 1, 2000. 
  
  
  
 Editor's note: 
 This rule was previously numbered as 
 241.20. 
  
  
  
 Law reviews. 
 For article, "Constitutional Law", which discusses recent Tenth 
 Circuit decisions dealing with questions of due process in 
 attorney disciplinary hearings, see 63 Den. U. L. Rev. 247 (1986). 
  
 Annotator's note. 
 The following annotations include cases decided under former 
 provisions similar to this rule. 
  
 This rule does not constitute a denial of due process even though the 
 final arbiters of fact, the justices of the Colorado supreme court, do not 
 personally hear the testimony of the accused attorney or other witnesses. 
 Razatos v. Colorado Supreme Court, 549 F. Supp. 798 (D. Colo.), appeal 
 dismissed, 455 U.S. 930, 102 S. Ct. 1415, 71 L.Ed.2d 639 (1982). 
  
 Recommendation of grievance committee's hearing panel is advisory only, 
 and it is incumbent upon the supreme court to exercise its independent 
 judgment, taking into consideration the facts, circumstances, and 
 background of the lawyer, to increase or decrease the recommended sanction. 
 People v. Mattox, 639 P.2d 397 (Colo. 1982). 
  
 While the supreme court has always given the recommendation for 
 discipline by the grievance committee great weight, the court 
 reserves the right to exercise our independent judgment in arriving 
 at the proper level of discipline. 
 People v. Brown, 726 P.2d 638 (Colo. 1986). 
  
 Under this rule, the supreme court may accept the recommendation of 
 the grievance committee or may impose such other discipline as may be 
 proper under the circumstances.  People v. Radinsky, 176 Colo. 357, 
 490 P.2d 951 (1971). 
  
 The selection of discipline to be imposed is ultimately a decision to 
 be made by the supreme court after considering the appropriate factors and 
 the purposes to be served by disciplinary sanctions.  People v. Vigil, 779 P.2d 
 372 (Colo. 1989). 
  
 Factual findings of grievance committee are binding 
 on the supreme court, unless the supreme court, after 
 considering the record as a whole, concludes that the findings 
 are clearly erroneous and unsupported by substantial evidence. 
 People v. Garnett, 725 P.2d 1149 (Colo. 1986) (apparently overruling 
 People v. Mattox, 639 P.2d 397 (Colo. 1982)). 
  
 Supreme court is bound by the factual findings of the hearing board unless those 
 findings are clearly erroneous and not supported by substantial evidence in the record. 
 Court reviews questions of law de novo as in any appeal.  In re Quiat, 979 P.2d 1029 (Colo. 
 1999). 
  
 An attorney may file exceptions to the findings of the grievance 
 committee.  People v. Wilson, 176 Colo. 389, 490 P.2d 954 (1971). 
  
 Exceptions to the report of the grievance committee will be ordered 
 stricken where the attorney fails to support them by a reporter's transcript 
 or such portions thereof as would be necessary to enable the court to pass 
 upon the exceptions.  People v. Van Nocker, 176 Colo. 354, 490 P.2d 697 (1971). 
  
 If an attorney files exceptions, he should also provide a 
 reporter's transcript to enable the supreme court to pass on the exceptions. 
 People v. Murphy, 174 Colo. 182, 483 P.2d 224 (1971). 
  
 Respondent's exceptions stricken for failure to designate record as 
 required by subsection (b)(4) of this rule. People v. Lutz, 897 P.2d 807 (Colo. 
 1995). 
  
 There is no evaluation of evidence on review.  In determining whether 
 the board's findings are supported by substantial evidence, it is not 
 within the province of the supreme court to measure the weight of the 
 evidence or to resolve the credibility of 
 witnesses.  People v. Distel, 759 P.2d 654 (Colo. 1988). 
  
 Applied in 
 People v. King, 191 Colo. 120, 550 P.2d 848 (1976); 
 People v. Kane, 655 P.2d 390 (Colo. 1982).