Rule 251.2.Attorney Regulation 
                                                                
Rule 251.2.Attorney Regulation 
 Committee 
 (a)Attorney Regulation Committee. 
 The Attorney Regulation Committee of the Supreme Court of Colorado 
 (hereinafter committee) is hereby established. The Committee 
 shall serve as a permanent committee of the Supreme Court. 
  
 (1)Members. 
 The Committee shall be composed of nine 
 members, six of whom shall be members of the Bar of Colorado 
 and three of whom shall be public members. Diversity shall be 
 a consideration in making the appointment. 
  
 The Supreme Court, with the assistance of the Advisory 
 Committee, shall appoint the members of the committee to serve 
 terms of two years. The terms of the members of the committee 
 shall be staggered to provide, so far as possible, for the 
 expiration each year of the terms of an equal number of 
 Committee members. Members of the committee shall be eligible 
 to serve no more than three consecutive terms. 
  
 The members of the Committee shall serve at the pleasure 
 of the Supreme Court and may be dismissed from the Committee 
 at any time by order of the Supreme Court. A member of the 
 Committee may resign at any time. 
  
 (2)Vacancy. 
 In the event of a vacancy on the Committee, 
 the Supreme Court shall appoint a successor to serve the 
 remainder of the unexpired term. 
  
 (3)Chair and Vice-Chair. 
 The members of the Committee 
 shall elect from among themselves one Chair, who shall appoint 
 one Vice-Chair. The Chair shall exercise overall supervisory 
 control of the committee. The Vice-Chair shall assist the 
 Chair and shall serve as Chair in the Chair's absence. 
  
 (4)Reimbursement of Committee Members. 
 The members of the Committee shall be entitled to reimbursement for 
 reasonable travel, lodging, and other expenses incurred in the 
 performance of their official duties. 
  
 (b)Powers and Duties of the Committee. 
 The committee shall be authorized and empowered to act in accordance with 
 these Rules and to: 
  
 (1)Enlist the assistance of members of the Bar to 
 conduct investigations, or assist with investigations; 
  
 (2)Periodically report to the Advisory Committee and the 
 management committee on the operation of the committee; 
  
 (3)Recommend to the Advisory Committee proposed changes 
 or additions to the rules of procedure for attorney discipline 
 and disability proceedings; and 
  
 (4)Adopt such practices as may from time to time become 
 necessary to govern the internal operation of the committee, 
 as approved by the Supreme Court. 
  
 (c)Abstention of Committee Members. 
 Committee members shall refrain from taking part in any proceedings in which a 
 judge, similarly situated, would be required to abstain. No 
 partner or associate in the law firm of a member of the 
 committee, or any attorney in any way affiliated with a 
 committee member or the member's law firm, may accept or 
 continue in employment connected with any matter pending 
 before the committee, the Presiding Disciplinary Judge, a 
 Hearing Board, or the Supreme Court as long as the member is serving on the 
 committee. 
  
 (d)Disqualification. 
 Members of the committee shall not 
 represent an attorney in any matter as provided in these Rules 
 during their terms of service. Former members of the committee 
 shall not represent an attorney in any matter that was being 
 investigated or prosecuted as provided in these rules during 
 their terms of service. 
  
 
                                                                

ANNOTATIONS
Source: 
 Amended and adopted June 25, 1998, effective January 1, 1999; 
 (d) amended and adopted October 29, 1998, effective January 1, 1999; 
 entire rule amended and effective September 1, 2000. 
  
  
  
 Editor's note: 
 This rule was previously numbered as 
 241.2. 
  
  
  
 Am. Jur.2d.  See 7 Am. Jur.2d, Attorneys at Law, 
 SectionSection30-32, 103, 104. 
  
 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. 
  
 Rule held constitutional. 
 Rule provides sufficient guidelines to impose attorney discipline 
 and is not, therefore, unconstitutionally vague in violation of due 
 process of law. 
 People v. Morley, 725 P.2d 510 (Colo. 1986). 
  
 Grievance committee is committee of supreme court, not bar association. 
 The grievance committee, functioning in disciplinary proceedings under the rules 
 on the discipline of attorneys, ceases to be a representative of the bar association 
 and becomes a committee of the supreme court, and as such is responsible solely 
 to the court.  In re Petition of Colo. Bar Ass'n, 137 Colo. 357, 325 P.2d 932 (1958). 
  
 It has no greater power than the court.  The grievance committee 
 acting as the investigating agent for the supreme court 
 has no greater power or authority than the court. 
 In re Petition of Colo. Bar Ass'n, 137 Colo. 357, 325 P.2d 932 (1958). 
  
 Confidential matters cannot be used for any other purpose 
 than that of disciplinary action.  No committee serving in the confidential 
 capacity called for under the rules for discipline of attorneys can conduct 
 hearing as the representative of the supreme court and thereafter make use of 
 any confidential matters coming to its attention for any purpose other than 
 that of disciplinary action if such action is warranted; and if such action is 
 not warranted, it cannot use the data obtained as the basis for the publication 
 of an opinion on ethics in which the identity of the original subject is divulged. 
 In re Petition of Colo. Bar Ass'n, 137 Colo. 357, 325 P.2d 932 (1958). 
  
 The data gathered by the grievance committee are not public records 
 and are not to be released unless by vote of the committee with the approval 
 of the supreme court. 
 In re Petition of Colo. Bar Ass'n, 137 Colo. 357, 325 P.2d 932 (1958). 
  
 Committee cannot escape responsibility for releasing information 
 of intended investigations.  Where a grievance committee 
 functioning in the capacity of an agent and representative of the 
 supreme court, or persons identified with it, releases information that it 
 intends to investigate certain persons in connection with particular conduct in 
 violation of the applicable rules, such committee cannot escape responsibility 
 for the advance press publication of its intentions. 
 In re Petition of Colo. Bar Ass'n, 137 Colo. 357, 325 P.2d 932 (1958). 
  
 The committee occupies a position of trust and confidence.  When the 
 supreme court calls upon a committee of the bar to conduct investigations in disciplinary 
 proceedings, the members of that committee occupy a position of trust and 
 confidence, and they must function under applicable rules. 
 In re Petition of Colo. Bar Ass'n, 137 Colo. 357, 325 P.2d 932 (1958). 
  
 Any such committee acting for the court should not be charged 
 with duties as members of another committee of the bar association, a private 
 organization, which might require the individual members to disregard the 
 confidential nature of the duties they have assumed as an agent of the court. 
 In re Petition of Colo. Bar Ass'n, 137 Colo. 357, 325 P.2d 932 (1958).