Colorado

Civil Procedure

Civil Procedure

Rule 204.3 – Judge Advocate Certification

(1) General Statement and Eligibility. In its discretion, the Supreme Court may certify a full-time commissioned officer and judge advocate of the United States Uniformed Services stationed in Colorado to be temporarily admitted to the practice of law in Colorado if all of the following conditions are met:

(a) The attorney is a member in good standing of the bar of all courts and jurisdictions in which he or she is admitted to practice;
(b) The attorney is not currently subject to an order of attorney discipline or the subject of a pending formal disciplinary or disability matter in any jurisdiction; and
(c) The attorney possesses the character and fitness required of all applicants for admission to the practice of law in Colorado as set forth in C.R.C.P. 208.
(2) Filing Requirements. An applicant under this rule shall file an application for judge advocate certification. The applicant shall pay a fee in an amount fixed by the Supreme Court. The fee must be paid when the application is submitted. The application and fee shall be collected by the Office of Attorney Registration. The fee shall be made payable to the Clerk of the Supreme Court. The application shall include all of the following:

(a) A copy of the applicant’s military orders reflecting a permanent change of station to a military installation in Colorado;
(b) A certification that the applicant has read and is familiar with the Colorado Rules of Professional Conduct; and
(c) A certificate of good standing from all courts and jurisdictions in which the applicant is admitted to practice.
(3) Scope of Authority. An attorney certified under this rule shall be entitled to all rights and privileges and subject to all duties, obligations, and responsibilities otherwise applicable to licensed Colorado lawyers for the limited period of authorized practice under this rule. The attorney may not act as counsel for a client until certified under this rule.
(4) Discipline and Disability Jurisdiction. An attorney certified under this rule is subject to the Colorado Rules of Professional Conduct and C.R.C.P. 251.1 et seq. (Rules of Procedure Regarding Attorney Discipline and Disability Proceedings). In addition to the forms of discipline contained in C.R.C.P. 251.6, the attorney may also be enjoined from further practice of law in Colorado.
(5) Termination of Certification. Certification under this rule shall automatically terminate when the attorney:

(a) Ceases to serve as a judge advocate in Colorado;
(b) Is disciplinarily suspended or disbarred or placed on disability inactive status in any jurisdiction, court, or agency before which the attorney is admitted;
(c) Is suspended in any jurisdiction for failure to pay child support or failure to cooperate in a disciplinary matter; or
(d) Fails to maintain active status in at least one jurisdiction.

The attorney shall notify the Clerk of the Supreme Court Office of Attorney Registration of any change of status described in this section (5) within twenty-eight days of such change.

(6) Required Action After Termination of Certification. Upon the termination of certification pursuant to section (5) of this rule, the attorney, within twenty-eight days, shall:

(a) Notify in writing all clients in pending matters, and co-counsel and opposing counsel in pending litigation, of the termination of the attorney’s authority to practice law pursuant to this rule;
(b) Decline any new representation that would require the attorney to be admitted to practice law in Colorado; and
(c) Take all other necessary steps to protect the interests of the attorney’s clients.
(7) Registration, Fees, and Continuing Legal Education. An attorney certified under this rule shall be required to pay annual registration fees and comply with all other provisions of C.R.C.P. 227, as well as the mandatory legal education requirements of C.R.C.P. 250.
(8) Registration Number. An attorney certified under this rule shall be assigned a registration number, which shall be used to identify that attorney’s status in Colorado in accordance with applicable rules of procedure.
(9) Subsequent Attorney Admission. If an attorney certified under this rule is subsequently admitted to the practice of law in Colorado, that attorney’s judge advocate certification shall be superseded by the Colorado license to practice law.
(10) Professionalism Course. All attorneys certified under this rule must complete the course on professionalism as described in C.R.C.P. 203.1(8), within six months following certification.

C.R.C.P. 204.3

Source: Entire rule added and effective September 1, 2014; amended and adopted January 24, 2019, effective January 24, 2019.