Rule 251.3.Attorney Regulation Counsel 
 (a)Attorney Regulation Counsel. The Supreme Court shall appoint a 
 Regulation Counsel.  The Regulation Counsel shall serve at the pleasure 
 of the Supreme 
 Court. 
  
 (b)Qualifications. The Regulation Counsel shall be an attorney, duly 
 admitted to the Bar of Colorado, with no less than five years 
 experience in the practice of law. 
 The Regulation Counsel, while serving in that capacity, shall not hold any 
 other public 
 office or engage in the private practice of law. 
  
 (c)Powers and Duties. The Regulation Counsel shall act in accordance 
 with these Rules and: 
  
 (1)Maintain and supervise a permanent office to serve as a central office 
 for the 
 filing of requests for investigation and for the coordination of such 
 investigations; the 
 filing of claims with the Colorado Attorneys' Fund for Client Protection 
 as provided in 
 C.R.C.P. 252 and the consideration of such claims;  the administration of all 
 disciplinary 
 and disability enforcement proceedings carried on pursuant to these Rules; and, 
  the 
 administration of all proceedings conducted pursuant to C.R.C.P. 252, et seq., 
 under a 
 budget approved by the Supreme Court; 
  
 (2)Appoint and supervise a staff as necessary to carry out the duties of 
 the 
 Regulation Counsel; 
  
 (3)Conduct investigations as provided by C.R.C.P. 251.9 and C.R.C.P. 
 251.10, 
 dismiss the allegations as provided in C.R.C.P. 251.11, and report to the 
 committee as 
 provided in C.R.C.P. 251.12; 
  
 (4)Prepare and prosecute disciplinary and disability actions against 
 attorneys as 
 provided by these Rules; 
  
 (5)In appropriate cases, negotiate dispositions of pending matters as 
 authorized 
 in C.R.C.P. 251.10(b)(4) and C.R.C.P. 251.22; 
  
 (6)Prepare and prosecute petitions for immediate suspension in conformity 
 with 
 C.R.C.P. 251.8; 
  
 (7)Prosecute contempt proceedings for violations of these Rules; 
  
 (8)Prosecute contempt proceedings for violations of orders of the Supreme 
 Court relating to suspended and disbarred attorneys and attorneys placed on 
 disability 
 inactive status; 
  
 (9)Participate in and present recommendations reflecting the public 
 interest in 
 all proceedings for reinstatement held pursuant to C.R.C.P. 251.29 and C.R.C.P. 
 251.30; 
  
 (10)Maintain permanent records of matters processed by the committee, and 
 the 
 disposition thereof; 
  
 (11)Participate in the management and supervision of the bar mediation 
 process 
 established by the Supreme Court, implemented by the Colorado Bar Association, 
 and 
 administered by the mediation committee of the association in conjunction with 
 the 
 committee; and, 
  
 (12)Perform such other duties as the Supreme Court may direct. 
  
 Mediators shall be appointed by the Supreme Court.  The mediation committee 
 and the Regulation Counsel shall jointly recommend attorneys to the Court for 
 appointment as mediators.  The Regulation Counsel shall forward the names of 
 those 
 recommended to the Court together with a proposed order making the appointment 
 of 
 the mediators. 
  
 (d)Disqualification. A former member of the Regulation Counsel's 
 staff shall not represent an attorney in any proceeding that was 
 being investigated and/or 
 prosecuted during the member's association with the Regulation Counsel's 
 staff. 
  
 

                                                                
ANNOTATIONSSource: 
 Amended and adopted June 25, 1998, effective January 1, 1999. 
  
  
  
 Editor's note: 
 This rule was previously numbered as 
 241.4. 
  
  
  
 Annotator's note. 
 The following annotations include cases decided under former 
 C.R.C.P. 241.4, which was 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). 
  
 Colorado Supreme Court disciplinary counsel is an "arm of the state" 
 and not a "person" for the purposes of a suit for damages pursuant to 42 
 U.S.C. sec. 1983.  Bannister v. Colorado Supreme Court Disciplinary Counsel, 
 856 P.2d 79 (Colo. App. 1993). 
  
 Disciplinary prosecutor, acting in an official capacity, is an "arm of 
 the state" and not a "person" for the purposes of a suit for damages 
 pursuant to 42 U.S.C. sec. 1983.  Bannister v. Colorado Supreme Court 
 Disciplinary Counsel, 856 P.2d 79 (Colo. App. 1993). 
  
 Disciplinary prosecutors, in their individual capacity, are absolutely 
 immune from liability for damages under 42 U.S.C. sec. 1983 when acting 
 within the scope of their prosecutorial duties.  Bannister v. Colorado 
 Supreme Court Disciplinary Counsel, 856 P.2d 79 (Colo. App. 1993).