Rule 251.8.Immediate Suspension 
 (a)Immediate Suspension.  Immediate suspension is the temporary 
 suspension by the Supreme Court of an attorney's license to practice 
 law for a definite or indefinite 
 period of time while proceedings conducted pursuant to this Rule and these 
 Rules are pending against the attorney. 
  
 Although an attorney's license to practice law shall not ordinarily be 
 suspended 
 during the pendency of such proceedings, when there is reasonable cause to 
 believe that 
 an attorney is causing or has caused immediate and substantial public or 
 private harm 
 because the attorney has been convicted of a serious crime as defined by 
 C.R.C.P. 
 251.20(e), or because the attorney has converted property or funds, or because 
 the attorney has engaged in conduct which poses an immediate threat to the 
 effective 
 administration of justice, the Supreme Court may order the attorney's 
 license to practice 
 law immediately suspended. 
  
 (b)Petition for Immediate Suspension. 
 (1)When it is believed that an attorney should be immediately suspended, 
 the committee or Regulation Counsel shall file a petition with the 
 Presiding Disciplinary 
 Judge.  The petition shall be supported by an affidavit setting forth 
 sufficient facts to 
 give rise to reasonable cause that the alleged conduct has in fact occurred.  A 
 copy of 
 the petition shall be served on the attorney pursuant to these Rules. 
  
 (2)The Presiding Disciplinary Judge, or the Supreme Court, by any justice 
 thereof, may order the issuance of an order to show cause directing the 
 attorney to 
 show cause why the attorney should not be immediately suspended, which order 
 shall 
 be returnable within ten days.  After the issuance of an order to show cause, 
 and after 
 the period for response has passed without a response having been filed, or 
 after 
 consideration of any response and reply, the Presiding Disciplinary Judge shall 
 prepare 
 a report setting forth  findings of fact and recommendation and file the report 
 with the 
 Supreme Court.  After receipt of the report the Supreme Court may enter an 
 order 
 immediately suspending the attorney from the practice of law or dissolve the 
 order to 
 show cause. 
  
 (3)If a response to the order to show cause is filed and the attorney 
 requests a 
 hearing on the petition, said hearing shall be held within ten days before the 
 Presiding 
 Disciplinary Judge.  Thereafter, the Presiding Disciplinary Judge shall submit 
 a 
 transcript of the hearing and a report setting forth findings of fact and a 
 recommendation to the Supreme Court within five days after the conclusion of 
 the 
 hearing.  Upon the receipt of the recommendation and the record relating 
 thereto, the 
 Supreme Court may enter an order immediately suspending the attorney from the 
 practice of law or dissolve the order to show cause. 
  
 (4)When the Supreme Court enters an order immediately suspending the 
 attorney, the Regulation Counsel shall promptly prepare and file a complaint 
 against 
 the attorney as provided in C.R.C.P. 251.14, notwithstanding the provisions of 
 C.R.C.P. 
 251.10 and C.R.C.P. 251.12.  Thereafter the matter shall proceed as provided by 
 these 
 Rules. 
  
 (5)An attorney who has been immediately suspended pursuant to this Rule 
 shall have the right to request an accelerated disposition of the 
 allegations which form 
 the bases for the immediate suspension by filing a notice with the Regulation 
 Counsel 
 requesting accelerated disposition.  After the notice has been filed, the 
 Regulation 
 Counsel shall promptly file a complaint pursuant to these Rules and the matter 
 shall be 
 docketed by the Presiding Disciplinary Judge for accelerated disposition. 
 Thereafter the 
 matter shall proceed and be concluded without appreciable delay. 
  
 (c)[Transferred to Rule 251.8.5] 
  
 

                                                                
ANNOTATIONSSource: 
 Amended and adopted June 25, 1998, effective July 1, 1998; 
 (c) transferred to Rule 251.8.5, effective January 1, 1999. 
  
  
  
 Editor's note: 
 Paragraph (a) was previously numbered as 
 241.8.  Paragraph (b) is new. 
  
  
  
 Annotator's note. 
 The following annotations include cases decided under former C.R.C.P. 259, which 
 was similar to this rule. 
  
 Applied in People v. McMichael, 199 Colo. 433, 609 P.2d 633 (1980); 
 People v. Harfmann, 638 P.2d 745 (Colo. 1981); 
 In re Green, 982 P.2d 838 (Colo. 1999). 
  
 Rule 251.8.5.Suspension for Nonpayment 
 of Child Support, 
 or for Failure to Comply with Warrants Relating 
 to Paternity or Child Support Proceedings 
 (a)Application. 
 The provisions of this rule shall apply 
 to an attorney licensed or admitted to practice law 
 in Colorado who is in arrears in payment of child support 
 or who is in arrears under a child support order as defined 
 by section 26-13-123 (a), C.R.S., or who fails to comply 
 with a warrant relating to paternity or child support 
 proceedings. 
  
 Proceedings commenced against an attorney under the 
 provisions of this rule are not disciplinary proceedings. 
 Suspension of an attorney's license to practice law under 
 the provisions of this rule is not a form of discipline, 
 and shall not necessarily bar disciplinary action. 
  
 (b)Petition for Suspension. 
 (1)Upon receipt of reliable information that an 
 attorney is in arrears in payment under a child support 
 order, or has failed to comply with subpoenas or warrants 
 relating to paternity or child support proceedings, 
 regulation counsel may file a petition for 
 suspension with the presiding disciplinary judge.  The 
 petition shall be supported by an affidavit setting forth 
 sufficient facts to give rise to reasonable cause to 
 believe that the attorney is in arrears on a child support 
 order, or has failed to comply with a subpoena or a warrant 
 relating to paternity or child support proceedings.  A copy 
 of the petition shall be served on the attorney pursuant to 
 these rules. 
  
 (2)The presiding disciplinary judge shall order 
 the issuance of an order to show cause directing the 
 attorney to show cause why the attorney's license to 
 practice law should not be immediately suspended, which 
 order shall be returnable within thirty days.  After the 
 issuance of an order to show cause, and after the period 
 for response has passed without a response having been 
 filed, or after consideration of any response and reply, 
 the presiding disciplinary judge shall enter an order 
 immediately suspending the attorney from the practice of 
 law, unless within the thirty-day period:  the attorney 
 has paid the past-due obligation, 
 negotiated a payment plan approved by the court or 
 the state child support enforcement agency or agency having 
 jurisdiction over the child support order, requested a hearing before the presiding 
 disciplinary judge, or complied with the warrant or subpoena. 
  
 (3)If a response to the order to show cause is 
 timely filed and the attorney or the regulation counsel 
 requests a hearing before the presiding disciplinary judge 
 on the petition, the hearing shall be held within ten 
 days of the request, or as soon thereafter as is practicable.  At the 
 hearing, the burden is initially on the regulation counsel 
 to prove the allegations in the petition by a preponderance 
 of the evidence. If the presiding disciplinary judge has 
 determined that the regulation counsel has proved the 
 allegations in the petition by a preponderance of the 
 evidence, he or she shall issue an order immediately 
 suspending the attorney, unless the attorney proves by a 
 preponderance of the evidence that: (1) there is a mistake 
 in the identity of the attorney; (2) there is a bona fide 
 disagreement currently before a court or an agency 
 concerning the amount of the child support debt, arrearage 
 balance, retroactive support due, or the amount of the 
 past-due child support when combined with maintenance; (3) 
 all child support payments were made when due; (4) the 
 attorney has complied with the subpoena or warrant; (5) the 
 attorney was not served with the subpoena or warrant; or 
 (6) there was a technical defect with the subpoena or 
 warrant. No evidence with respect to the appropriateness 
 of the underlying child support order or ability of 
 the attorney in arrears to comply with such order shall be 
 received or considered by the presiding disciplinary 
 judge. Upon conclusion of the hearing, the presiding 
 disciplinary judge shall promptly prepare an opinion 
 setting forth his or her findings of facts and decision. 
  
 (c)Appeal. 
 For purposes of this rule, the decision 
 of the presiding disciplinary judge shall be final, and 
 an appeal may be commenced as set forth in C.R.C.P. 251.26. 
  
 (d)Reinstatement. 
 (1)If, after an attorney's license has been 
 suspended, the attorney has paid the past-due 
 obligations, entered into a payment plan approved by 
 the court or the agency having jurisdiction over the child 
 support order, or complied with the warrant or subpoena, 
 the attorney may seek reinstatement by 
 filing a verified petition, with evidence of compliance, 
 with the presiding disciplinary judge. 
  
 (2)Immediately upon receipt of a petition for 
 reinstatement, the regulation counsel shall have thirty 
 days or, upon a showing of good cause, such greater time as 
 authorized by the presiding disciplinary judge within which 
 to conduct any investigation deemed 
 necessary.  The attorney shall cooperate in any 
 such investigation.  At the end of the period of time 
 allowed for the investigation, the regulation 
 counsel shall file an answer.  Based on the petition and 
 answer, the presiding disciplinary judge may order 
 reinstatement or hold a hearing to determine whether the 
 attorney shall be reinstated. The attorney shall bear the 
 burden of establishing the right to be reinstated by a 
 preponderance of the evidence. 
  
 (3)If the petition for reinstatement is denied by the presiding 
 disciplinary judge, the attorney may proceed pursuant to C.R.C.P. 251.26. 
  
  
  
 Source: 
 Entire rule enacted and adopted October 29, 1998, effective January 1, 1999; 
 entire rule amended and effective February 17, 2000. 
  
  
  
 Editor's note: 
 Prior the January 1, 1999, this rule was contained in paragraph (c) of Rule 251.8.