Rule 251.32.General Provisions
(a)Quorum.
A majority of the members of the committee or a Hearing Board
shall constitute a quorum of such body, and the action of a
majority of those present and comprising such a quorum shall
be the action of the committee or Hearing Board.
(b)Notice and Service of Process.
Except as may be
otherwise provided by these Rules or by order of the Supreme
Court, notice shall be in writing, and the giving of notice
and service of process shall be sufficient when made either
personally upon the attorney or by certified mail, sent to the
attorney at both the attorney's last known address as provided
by the attorney pursuant to C.R.C.P. 227 or such later address
as may be known to the person effecting service.
If the attorney is not licensed to practice law in this
state but was specially admitted by a court of this state for
a particular proceeding, notice and service shall be effected
as provided in this section, and if service is by certified
mail, it shall be made to the attorney's last known address.
(c)Number of Copies Filed.
Unless otherwise provided in
these rules, in all cases where a party files documents with
the Presiding Disciplinary Judge or a Hearing Board, the
committee, or the Regulation Counsel, an original and three
copies must be filed. When documents are filed with the
Supreme Court, an original and ten copies must be filed.
(d)Costs.
(1)Disciplinary Proceedings. In all cases where
discipline is imposed by the Hearing Board, it may assess
against the respondent all or any part of the costs incurred
in connection with the disciplinary proceedings. If the
Supreme Court imposes
discipline, the Supreme Court may also assess against the respondent all or any
part of the costs of the proceedings. If the committee imposes
discipline as provided by these rules, it may also assess
against the respondent all or any part of the costs of the proceedings.
(2)Reinstatement and Readmission Proceedings After Discipline.
An attorney who petitions for reinstatement from
a suspension or readmission after disbarment must bear the
cost of such proceedings, as required by C.R.C.P. 251.29(i).
(3)Disability Proceedings.
The Presiding Disciplinary
Judge, a Hearing Board, or the Supreme Court, in its discretion, may order the
attorney to bear the cost of all or any part of the disability
proceedings, including the cost of any examinations ordered.
(4)Reinstatement Proceedings After Transfer to
Disability Inactive Status.
The Presiding Disciplinary Judge, a Hearing Board, or the
Supreme Court, in its discretion, may order an attorney who
petitions for reinstatement after transfer to disability
inactive status to pay the cost of all or any part of the
proceedings conducted pursuant to C.R.C.P. 251.30, including
the cost of any examinations ordered.
(e)Immunity.
Testimony given in disciplinary
proceedings or communications relating to attorney misconduct,
lack of professionalism or disability made to the Supreme
Court, the committee, the Regulation
Counsel, the Presiding Disciplinary Judge, members of the
Hearing Board, mediators acting pursuant to C.R.C.P.
251.3(c)(11), or monitors enlisted to assist with probation or
diversion, as authorized by C.R.C.P. 251.13, shall be
absolutely privileged and no lawsuit shall be predicated
thereon. If the matter is confidential as provided in these
rules, and if the person who testified or communicated does
not maintain confidentiality, then the testimony or
communications shall be qualifiedly privileged, such that an
action may lie against the person whose testimony or
communications were made in bad faith or with reckless
disregard of their truth or falsity. Persons performing
official duties under the provisions of this Chapter,
including but not limited to the Presiding Disciplinary Judge and
staff; members of the Hearing Board; the committee; the
Regulation Counsel and staff; mediators appointed by the
Supreme Court pursuant to C.R.C.P. 251.3(c)(11); monitors
enlisted to assist with diversion as authorized by C.R.C.P.
251.13; members of the Bar working in connection with
disciplinary proceedings or under the direction of the
Presiding Disciplinary Judge,
or the committee; and health care professionals working in
connection with disciplinary proceedings shall be immune from
suit for all conduct in the course of their official duties.
(f)Termination of Proceedings.
No disciplinary or disability proceeding may be terminated except as provided by
these Rules.
(g)Pending Litigation.
All disciplinary proceedings which involve complaints with material allegations
substantially similar to the material allegations of a
criminal prosecution pending against the respondent may in the
discretion of the committee, the Presiding Disciplinary Judge,
or a Hearing Board be deferred until the conclusion of such prosecution.
Disciplinary proceedings involving complaints with
material allegations which are substantially similar to those
made against the respondent in pending civil litigation may in
the discretion of the committee, the Presiding Disciplinary
Judge, or a Hearing Board be deferred until the conclusion of
such litigation. If the disciplinary proceeding is deferred
pending the conclusion of civil litigation, the respondent
shall make all reasonable efforts to obtain a prompt trial and
final disposition of the pending litigation. If the
respondent fails to take steps to assure a prompt disposition
of the civil litigation, the disciplinary proceeding may be
immediately resumed.
The acquittal of a respondent on criminal charges or a
verdict or judgment in the respondent's favor in civil
litigation involving substantially similar material
allegations shall not alone justify the termination of
disciplinary proceedings pending against the respondent upon
the same material allegations.
(h)Protective Appointment of Counsel.
When an attorney has been transferred to disability inactive status; or when an
attorney has disappeared; or when an attorney has died; or
when an attorney has been suspended or disbarred and there is
evidence that the attorney has not complied with the
provisions of C.R.C.P. 251.28, and no partner, executor, or
other responsible party capable of conducting the attorney's
affairs is known to exist, the chief judge of any judicial
district in which the attorney maintained his office, upon the
request of the Regulation Counsel, shall appoint legal counsel
to inventory the files of the lawyer in question and to take
any steps necessary to protect the interests of the attorney
in question and the attorney's clients. Counsel appointed
pursuant to this Rule shall not disclose any information
contained in the files so inventoried without the consent of
the client to whom such files relate, except as necessary to
carry out the order of the court that appointed the counsel to
make such inventory.
(i)Statute of Limitations.
A request for investigation against an attorney shall be filed within five years of the
time that the complaining witness discovers or reasonably
should have discovered the misconduct. There shall be no
statute of limitations for misconduct alleging fraud,
conversion, or conviction of a serious crime, or for an
offense the discovery of which has been prevented by
concealment by the attorney.
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ANNOTATIONSSource:
Amended and adopted June 25, 1998, effective July 1, 1998;
entire rule amended and effective September 1, 2000.
Editor's note:
This rule was previously numbered as
241.25.
Am. Jur.2d. See 7 Am. Jur.2d, Attorneys at Law,
SectionSection30-37, 115-117.
Law reviews. For note, "Standards of Discipline for Attorneys
in Colorado and the Significance of the Code of Professional
Responsibility", see 50 Den. L.J. 207 (1973).
Annotator's note.
The following annotations include cases decided under former
provisions similar to this rule.
Immunity for persons seeking attorney discipline does not violate right to access
court. Attorney disbarment for prosecution of individuals seeking discipline is
appropriate and does not violate civil rights of attorney. In re Smith, 989 P.2d 165 (Colo.
1999).
Constructive service is appropriate where attorney failed to provide an
address and actively concealed his whereabouts. People v. Richards, 748
P.2d 341 (Colo. 1987).
Attorney who claimed costs and damages for complaint against him subject
to public censure. Where attorney violated this rule by claiming costs
and damages for defending grievance filed against him and violated other
disciplinary rules, public censure is appropriate. People v. Dalton, 840
P.2d 351 (Colo. 1992).
Reference to confidential disciplinary proceedings in civil action
constituted violation and, in conjunction with violation of other disciplinary
rules, warranted suspension. People v. Smith, 830 P.2d 1003 (Colo. 1992).
The assessment of the entire amount of the complainant's expert witness fees
against a respondent is appropriate even where the complainant's expert testified to
matters other than the injury the respondent's misconduct caused if such testimony was
relevant. In re Cimino, 3 P.3d 398 (Colo. 2000).
Applied in People v. Harfmann, 638 P.2d 745 (Colo. 1981)
(decided under former C.R.C.P. 259);
People v. Smith, 830 P.2d 1003 (Colo. 1992).
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