ANNOTATIONSEditor's note:
Rules 241.1 through 241.26, C.R.C.P., were repealed and
reenacted by the Supreme Court.
Rules 251.1 through 252.16 replace Rules 241.1 through 241.26
on July 1, 1998 or January 1, 1999, as indicated in the source note following
the rule.
For an explanation of the implementation of these rules see the order from
the Office of the Chief Justice following this editor's note.
Law reviews:
For article, "How the New Attorney Regulation System Will
Work", see 28 Colo. Law. 57 (February 1999).
ORDER
The Supreme Court of the State of Colorado has adopted a series of changes
to the attorney grievance system. Most of the reforms are incorporated into
Rules that have been adopted effective January 1, 1999. However, a number of
the reforms will come into effect over the course of the next six months.
Hence, the Court enters this Order to permit immediate implementation of some
programs and to insure an orderly transition to the new system.
IT IS ORDERED:
1.The following reorganization of the attorney regulation system has been
adopted and will be implemented as set forth in this order;
a.We hereby adopt an alternatives to discipline program to permit the
diversion of certain cases of minor misconduct to various agencies that will
provide concrete assistance to attorneys and better protect the public.
Therefore, C.R.C.P. 251.9, 251.10, 251.11, 251.12, and 251.13, shall become
effective July 1, 1998, and shall be applicable to all cases pending in the
Office of Disciplinary Counsel or before an Inquiry Panel, a Hearing Board,
or a Hearing Panel of the Grievance Committee as of June 30, 1998, and to all
cases initiated July 1, 1998 and thereafter;
b.Probation may be considered for all cases after a hearing pursuant to
C.R.C.P. 251.7, which Rule shall become effective July 1, 1998, and which
shall be applicable to all cases pending before the Hearing Board or Hearing
Panel of the Grievance Committee on July 1, 1998, and to all cases considered
after that date;
c.An attorneys' peer assistance program will be established and funded
as part of the attorney regulation process pursuant to C.R.C.P. 227, which
shall become effective June 30, 1998, and C.R.C.P. 251.34, which shall become
effective July 1, 1998;
d.Immunity shall be granted to those individuals and entities providing
assistance through the alternatives to discipline and peer assistance
programs, as provided in C.R.C.P. 251.32, which shall become effective July
1, 1998;
e.The Office of the Presiding Disciplinary Judge is established by
C.R.C.P. 251.16, which shall become effective January 1, 1999. The court
will attempt to appoint the Presiding Disciplinary Judge on or before
December 1, 1998, following an application and review process to be
established by the court. After December 31, 1998, the Presiding
Disciplinary Judge shall be substituted for the Presiding Officer of all
Hearing Boards in which a hearing has not been held. The Presiding Officer
so replaced shall then act as one of the other members of that Hearing Board
in the event that case goes to trial. In those cases in which the Presiding
Disciplinary Judge cannot sit, the Grievance Committee member who was
appointed Presiding Officer will continue to act as Presiding Officer of the
Hearing Board;
f.All conditional admissions of misconduct and deferral agreements
entered into prior to January 1, 1999, shall be reviewed by the Inquiry Panel
at a final meeting or meetings in 1999. Conditional admissions of
misconduct and alternatives to discipline agreements entered into on or after
January 1, 1999, shall be considered by the Presiding Disciplinary Judge or
the Attorney Regulation Committee as provided by C.R.C.P. 251.1 et seq.
g.All attorney discipline cases in which trial has occurred prior to
January 1, 1999 before a Hearing Board of the Grievance Committee prior to
the appointment of the Presiding Disciplinary Judge, shall be reviewed by the
applicable, existing Hearing Panel at a final meeting to be held in 1999;
h.All reinstatement and readmission cases in which hearing has been
held by a Hearing Board of the Grievance Committee prior to the establishment
of the officer of the Presiding Disciplinary Judge shall be reviewed by the
applicable, existing Hearing Panel at a final meeting to be held in 1999.
i.An Advisory Committee shall be appointed to assist the court with
administrative oversight of the attorney regulation system pursuant to
C.R.C.P. 251.34, which shall become effective July 1, 1998. Therefore, the
following individuals are hereby appointed to the Advisory Committee: John
Lebsack, Bethiah Crane, Erika Schafer, David Stark, Justice Rebecca Love
Kourlis, Justice Michael L. Bender and William C. McClearn, who shall serve
as chair.
2.Rules implementing federal and state statutorily mandated procedures
regarding licensing of attorneys who are in arrears in child support,
C.R.C.P. 201.6, C.R.C.P. 201.9, C.R.C.P. 251.8, and C.R.C.P. 227 are hereby
adopted and shall be effective July 1, 1998. Between July 1 and December 30,
1998, any hearings requested shall be held before a member of the Grievance
Committee designated by the chairman.
3.C.R.C.P. 227 is hereby amended to raise late fees and reinstatement
fees effective July 1, 1998.
4.The readmission process after disbarment shall be amended to provide
for one hearing by amendment of C.R.C.P. 201.12 and 259.29, adopted and
effective on July 1, 1998.
5.Any references in those rules adopted herein and made effective June
30, 1998, and July 1, 1998, to Regulation Counsel, the Attorney Regulation
Committee, the Presiding Disciplinary Judge, the Appellate Discipline
Commission, and Appellate Discipline Commission Counsel shall, in fact, refer
to the Disciplinary Counsel, Committee Counsel, and the Grievance Committee
between now and January 1, 1999.
6.C.R.C.P. 251.1 through 251.34 shall become effective January 1, 1999.
In order to avoid confusion, Rules 241.1, et seq., have been repealed and
re-enacted as C.R.C.P. 251.1, et seq., as set forth in this order.
7.Amendments to Colo. RPC 1.15 establishing an attorney trust account
overdraft notification rule shall become effective July 1, 1999.
8.Rules establishing a Client Protection Fund, C.R.C.P. 252.1 through
252.16, shall become effective on January 1, 1999.
DONE at Denver, Colorado, this 30th day of June, 1998.
ANTHONY F. VOLLACK, Chief Justice
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