Rule 251.7.Probation 
 (a)Eligibility. 
 When an attorney has demonstrated that the 
 attorney: 
  
 (1)Is unlikely to harm the public during the period of probation and can be 
 adequately supervised; 
  
 (2)Is able to perform legal services and is able to practice law without 
 causing 
 the courts or profession to fall into disrepute; and, 
  
 (3)Has not committed acts warranting disbarment, then the attorney may be 
 placed on probation.  Probation shall be imposed for a specified period of time 
 in 
 conjunction with a suspension which may be stayed in whole or in part.  Such an 
 order 
 shall be regarded as an order of discipline.  The period of probation shall not 
 exceed 
 three years unless an extension is granted upon motion by either party.  A 
 motion for an 
 extension must be filed prior to the conclusion of the period originally 
 specified. 
  
 (b)Conditions.  The order placing an attorney on probation shall 
 specify the conditions of probation.  The conditions shall take into 
 consideration the nature and 
 circumstances of the attorney's misconduct and the history, character, and 
 health status 
 of the attorney and shall include no further violations of the Colorado Rules 
 of Professional Conduct.  The conditions may include but are not limited to the 
 following: 
  
 (1)Making periodic reports to the Regulation Counsel or to the 
 attorneys' peer 
 assistance program as provided in subsection (d) of this Rule; 
  
 (2)Monitoring the attorney's practice or accounting procedures; 
  
 (3)Establishing a relationship with an attorney-mentor, and regular 
 reporting 
 with respect to the development of that relationship; 
  
 (4)Satisfactory completion of a course of study; 
  
 (5)Successful completion of the multi-state professional responsibility 
 examination; 
  
 (6)Refund or restitution; 
  
 (7)Medical evaluation or treatment; 
  
 (8)Mental health evaluation or treatment; 
  
 (9)Evaluation or treatment in a program that specializes in treating 
 disorders 
 related to sexual misconduct; 
  
 (10)Evaluation or treatment in a program that specializes in treating 
 matters 
 relating to perpetration of family violence, including but not limited to 
 domestic 
 partner, elder, and child abuse; 
  
 (11)Substance abuse evaluation or treatment; 
  
 (12)Abstinence from alcohol and drugs; and 
  
 (13)No further violations of the Colorado Rules of Professional Conduct. 
  
 (c)Costs.  The attorney shall also be responsible for all costs of 
 evaluation, treatment and supervision.  Failure to pay these costs prior to 
 termination of probation 
 shall constitute a violation of probation. 
  
 (d)Monitoring.  The Regulation Counsel shall monitor the 
 attorney's compliance with the conditions of probation imposed under these 
 rules.  When 
 appropriate, the Regulation Counsel may delegate its monitoring role to the 
 attorneys' 
 peer assistance program.  In cases in which the attorneys' peer assistance 
 program is the 
 designated monitor, regular reports regarding the progress of the attorney 
 shall be 
 submitted by the attorneys' peer assistance program to the Regulation 
 Counsel. 
  
 (e)Violations.  If, during the period the attorney is on probation, the 
 Regulation Counsel receives information that any condition may 
 have been violated, the 
 Regulation Counsel may file a motion with the Presiding Disciplinary Judge 
 specifying 
 the alleged violation and seeking an order requiring the attorney to show cause 
 why the 
 stay should not be lifted and the sanction activated for violation of the 
 condition.  The 
 filing of such a motion shall toll any period of suspension until final action. 
  A hearing 
 shall be held upon motion of either party before the Presiding Disciplinary 
 Judge.  At 
 the hearing, the Regulation Counsel has the burden of establishing by a 
 preponderance 
 of the evidence the violation of a condition of probation.  When, in a 
 revocation hearing, 
 the alleged violation of a condition is the attorney's failure to pay 
 restitution or costs, 
 the evidence of the failure to pay shall constitute prima facie evidence of a 
 violation. 
 Any evidence having probative value shall be received regardless of its 
 admissibility 
 under the rules of evidence if the attorney is accorded a fair opportunity to 
 rebut 
 hearsay evidence.  At the conclusion of a hearing, the Presiding Disciplinary 
 Judge shall 
 prepare a report setting forth findings of fact and decision. 
  
 (f)Termination.  Unless otherwise provided in the order of suspension, 
 within thirty days and no less than fifteen days prior to the 
 expiration of the period of 
 probation, the attorney shall file an affidavit with the Regulation Counsel 
 stating that 
 the attorney has complied with all terms of probation and shall file with the 
 Presiding 
 Disciplinary Judge notice and a copy of such affidavit and application for an 
 order 
 showing successful completion of the period of probation.  Upon receipt of this 
 notice 
 and absent objection from the Regulation Counsel, the Presiding Disciplinary 
 Judge 
 shall issue an order showing that the period of probation was successfully 
 completed. 
 The order shall become effective upon the expiration of the period of 
 probation. 
  
 (g)Independent Charges.  A motion for revocation of an attorney's 
 probation shall not preclude the Regulation Counsel from filing independent 
 disciplinary charges 
 based on the same conduct as alleged in the motion. 
  
 

                                                                
ANNOTATIONSSource: 
 Amended and adopted June 25, 1998, effective July 1, 1998. 
  
  
  
 Applied in In re Green, 982 P.2d 838 (Colo. 1999).