Rule 251.23.Disability Inactive Status 
 (a)Disability Inactive Status. 
 Where it is shown that 
 an attorney is unable to fulfill professional responsibilities 
 competently because of physical, mental or emotional infirmity 
 or illness, including addiction to drugs or intoxicants, the 
 attorney shall be transferred to disability inactive status. 
 During such time as an attorney is on disability inactive 
 status the attorney shall not engage in the practice of law. 
  
 Proceedings instituted against an attorney pursuant to 
 this Rule are disability proceedings. Transfer to disability 
 inactive status is not a form of discipline and does not 
 involve a violation of the attorney's oath. The pendency of 
 proceedings provided for by this Rule shall not defer or abate 
 other proceedings conducted pursuant to these Rules, unless 
 after a hearing the Presiding Disciplinary Judge determines 
 that the attorney, is unable to assist in the defense of those 
 other proceedings because of the disability. If such other 
 proceedings are deferred, then the deferral shall continue 
 until such time as the attorney is found to be eligible for 
 reinstatement as provided by C.R.C.P. 251.30. 
  
 (b)Transfer to Disability Inactive Status Without a Hearing. 
 Where an attorney who is subject to these Rules has 
 been judicially declared mentally ill, or has been 
 involuntarily committed to a mental hospital, or has 
 voluntarily petitioned for the appointment of a guardian, or 
 has been found not guilty by reason of insanity in a criminal 
 proceeding in a court of record, the Presiding Disciplinary 
 Judge, upon proper proof of the fact, shall enter an order 
 transferring the attorney to disability inactive status. Such 
 order shall remain in effect unless altered by the Presiding 
 Disciplinary Judge or the Supreme Court.  A copy of the order transferring 
 an attorney to disability inactive status shall be served upon the attorney 
 and upon either the attorney's guardian or the superintendent 
 of the hospital in which the attorney is confined. Service 
 shall be made in such manner as the Presiding Disciplinary 
 Judge may direct. 
  
 (c)Procedure When Disability is Alleged. 
 Whenever any interested party shall petition the Presiding Disciplinary 
 Judge to determine whether an attorney is incapable of 
 continuing to practice law by reason of physical, mental or 
 emotional infirmity or illness, including addiction to drugs 
 or intoxicants, or whether the attorney in a proceeding 
 conducted pursuant to these Rules is so incapacitated as to be 
 unable to proffer a defense, the Presiding Disciplinary Judge 
 shall direct such action as it deems necessary or proper to 
 determine whether the attorney is incapacitated, including an 
 examination of the attorney by qualified medical experts 
 designated by the Presiding Disciplinary Judge; provided, 
 however, that before any medical examination or other action 
 may be ordered, the Presiding Disciplinary Judge must afford 
 the attorney an opportunity to show cause why such examination 
 or action should not be ordered. If, upon due consideration of 
 the matter, the Presiding Disciplinary Judge determines that 
 the attorney is incapable of continuing to practice law or is 
 incapable of defending in proceedings conducted pursuant to 
 these Rules, the Presiding Disciplinary Judge shall enter an 
 order transferring the attorney to disability inactive status. 
 Such order shall remain in effect unless altered by the 
 Presiding Disciplinary Judge or the Supreme Court. 
  
 An attorney against whom disability proceedings are 
 pending shall be given notice of such proceedings. Notice 
 shall be given in such a manner as the Presiding Disciplinary 
 Judge may direct. The Presiding Disciplinary Judge may appoint 
 counsel to represent the attorney if the attorney is without 
 adequate representation. 
  
 (d)Procedure When Attorney During Course of Proceedings 
 Alleges a Disability that Impairs the Attorney's Ability to Defend Himself. 
 If in the course of proceedings conducted 
 pursuant to these Rules the lawyer alleges disability by 
 reason of physical, mental or emotional infirmity or illness, 
 including addiction to drugs or intoxicants, that impairs the 
 attorney's ability to defend adequately in such 
 proceedings, such proceedings shall be suspended and the 
 Presiding Disciplinary Judge shall enter an order transferring 
 the attorney to disability inactive status and order a medical 
 examination of the attorney. Upon review of the report of the 
 medical examination and other relevant information, the 
 Presiding Disciplinary Judge may do any of the following: 
  
 (1)Order a hearing on the issue of whether the attorney 
 suffers from a disability that impairs the attorney's 
 ability to defend adequately in such other proceedings; 
  
 (2)Continue the order transferring the lawyer to 
 disability inactive status; 
  
 (3)Discharge the order transferring the lawyer to 
 disability inactive status, and order that the proceedings 
 pending against the attorney be resumed; 
  
 (4)Enter any other appropriate order, including an order 
 directing further examination of the attorney. 
  
 (e)Burden of Proof. 
 In a disability proceeding seeking 
 the transfer of an attorney to disability inactive status the 
 party petitioning for transfer shall bear the burden of proof 
 by clear and convincing evidence. 
  
 (f)Hearings. 
 Any hearings held pursuant to this Rule 
 shall be conducted by the Presiding Disciplinary Judge in the 
 manner prescribed by C.R.C.P. 251.18 and C.R.C.P. 251.19, and 
 a Hearing Board shall not be required. 
  
 (g)Compensation. 
 The Presiding Disciplinary Judge may 
 fix the compensation to be paid to any legal counsel or 
 medical expert appointed by the Presiding Disciplinary Judge 
 pursuant to this Rule. The Presiding Disciplinary Judge may 
 direct that such compensation be assessed as part of the costs 
 of a proceeding held pursuant to this Rule and that it be paid 
 as such in accordance with law. 
  
 (h)Post-Hearing Relief and Notice of Appeal. 
 The attorney may file a motion for post-hearing relief or a notice 
 of appeal as provided in C.R.C.P. 251.19. 
  
 

                                                                
ANNOTATIONSSource: 
 Amended and adopted June 25, 1998, effective January 1, 1999; 
 entire rule amended and effective September 1, 2000. 
  
  
  
 Editor's note: 
 This rule was previously numbered as 
 241.19. 
  
  
  
 Annotator's note. 
 The following annotations include cases decided under former 
 provisions similar to this rule. 
  
 Former section (a) is not unconstitutional.  Requiring attorney to 
 prove 
 mental illness by clear and convincing evidence was not contrary to Section 
 13-25-127 (1), which establishes a preponderance of the evidence as the 
 quantum of proof in civil cases, because an attorney disciplinary proceeding 
 is not strictly a civil proceeding.  People v. Sullivan, 802 P.2d 1091 (Colo. 
 1990). 
  
 Applied in People v. Luxford, 626 P.2d 675 (Colo. 1981); 
 People v. Southern, 638 P.2d 787 (Colo. 1982); 
 People v. Barbour, 639 P.2d 1065 (Colo. 1982); 
 People v. Dwyer, 652 P.2d 1074 (Colo. 1982); 
 People v. Craig, 708 P.2d 787 (Colo. 1985).