(A) Registration Fee of Attorneys and Attorney Judges
(1) General Provisions.
(a) Fees. On or before February 28 of each year, every attorney admitted to practice in Colorado (including judges, those admitted on a provisional or temporary basis and those admitted as judge advocate) shall annually file a registration statement and pay a fee as set by the Colorado Supreme Court. As of 2014, the fees set by the court are as follows: the fee for active attorneys is $325.00; the fee of any attorney whose first admission to practice is within the preceding three years is $190.00; the fee for attorneys on inactive status is $130.00. All persons first becoming subject to this rule shall file a statement required by this rule at the time of admission, but no annual fee shall be payable until the first day of January following such admission. As necessary to defray the costs of regulating attorneys, judges and those engaged in unauthorized practice of law, the Supreme Court will authorize periodic increases to the annual fee for every Colorado attorney.
(b) Collection of Fee. The annual fee shall be collected by the Clerk of the Supreme Court of Colorado, who shall send and receive the notices and statements provided for hereafter.
Application of Fees. The fee shall be divided. Twenty-five dollars shall be used to maintain an Attorneys’ Fund for Client Protection. The remaining portion of the fee, and the entire fee of those on inactive status, shall be used only to defray the costs of the Office of Attorney Regulation Counsel (admissions, registration, mandatory continuing legal and judicial education, attorney diversion and discipline counsel to Commission on Judicial Discipline, unauthorized practice of law and inventory counsel functions), the Office of the Presiding Disciplinary Judge, the Commission on Judicial Discipline, the Colorado Lawyers Assistance Program, the Colorado Attorney Mentoring Program, the Advisory and other regulatory committees and any other practice of law function deemed appropriate by the Supreme Court.
(2) Statement.
(a) Contents. The annual registration statement shall be on a form prescribed by the Clerk, setting forth:
(1) date of admission to the Bar of the Colorado Supreme Court;
(3) current residence and office addresses and, if applicable, a preferred mailing address for the Colorado Courts, along with current telephone numbers and email addresses;
(4) certification as to (a) whether the attorney has been ordered to pay child support and, if so, whether the attorney is in compliance with any child support order, (b) whether the attorney or the attorney’s law firm has established one or more interest-bearing accounts for client funds as provided in Colo. RPC 1.15, and if so, the name of the financial institution, account number and location of the financial institution, or, if not, the reason for the exemption, and (c) with respect to attorneys engaged in the private practice of law, whether the attorney is currently covered by professional liability insurance and, if so, whether the attorney intends to maintain insurance during the time the attorney is engaged in the private practice of law; and
(5) such other information as the Clerk may from time to time direct.
(b) Notification of Change. Every attorney shall file a supplemental statement of change in the information previously submitted, including home and business addresses, within 28 days of such change. Such change shall include, without limitation, the lapse or termination of professional liability insurance without continuous coverage.
(c) Availability of Information. The information provided by the lawyer regarding professional liability insurance shall be available to the public through the Supreme Court Office of Attorney Registration and on the Supreme Court Office of Attorney Registration website.
(3) Compliance.
(a) Late Fee. Any attorney who pays the annual fee or files the annual registration statement after February 28 but on or before March 31 shall pay a late fee of $50.00 in addition to the registration fee. Any attorney who pays the annual fee or files the annual registration statement after March 31 shall pay a late fee of $150.00 for each such year, in addition to the registration fee.
(b) Receipt-Demonstration of Compliance. Within 28 days of the receipt of each fee and of each statement filed by an attorney in accordance with the provisions of this rule, receipt thereof shall be acknowledged on a form prescribed by the Clerk in order to enable the attorney on request to demonstrate compliance with the requirement of registration pursuant to this rule.
(c) Initial Pleading Must Contain Registration Number. Whenever an initial pleading is signed by an attorney, it shall also include thereon the attorney’s registration number. Whenever an initial appearance is made in court without a written pleading, the attorney shall advise the court of the registration number. The number need not be on any subsequent pleadings.
(4) Suspension.
(a) Failure to Pay Fee or File Statement-Notice of Delinquency. An attorney shall be summarily suspended if the attorney either fails to pay the fee or fails to file a complete statement or supplement thereto as required by this rule prior to May 1, provided a notice of delinquency has been issued by the Clerk and mailed to the attorney addressed to the attorney’s last known mailing address at least 28 days prior to such suspension, unless an excuse has been granted on grounds of financial hardship.
(b) Failure of Judge to Pay Fee or File Statement. Any judge subject to the jurisdiction of the Commission on Judicial Discipline or the Denver County Court Judicial Discipline Commission who fails to timely pay the fee or file a complete statement or supplement thereto as required by this rule shall be reported to the appropriate commission, provided a notice of delinquency has been issued by the Clerk and mailed to the judge addressed to the judge’s last known business address at least 28 days prior to such reporting, unless an excuse has been granted on grounds of financial hardship.
(5) Reinstatement.
(a) Application-Reinstatement Fee. Any attorney suspended under the provisions of section (4)(a) above shall not be reinstated until application for reinstatement is made in writing and the Clerk acts favorably on the application. Each application for reinstatement shall be accompanied by a reinstatement fee of $100.00 and payment of all arrearages and late fees to the date of the request for reinstatement.
(b) Report Judge’s Payment. If any judge who is reported to a commission under the provisions of section (4)(b) above subsequently makes payment of all arrearages, such payment shall be reported to the commission by the Clerk.
(6) Inactive Status.
(a) Notice. An attorney who has retired or is not engaged in practice shall file a notice in writing with the Clerk that he or she desires to transfer to inactive status and discontinue the practice of law.
(b) Payment of Fee-Filing of Statement. Upon the filing of the notice to transfer to inactive status, the attorney shall no longer be eligible to practice law but shall continue to pay the fee required under section (1)(a) above and file the statements and supplements thereto required by this rule on an annual basis.
(c) Exemption-Age 65. Any registered inactive attorney over the age of 65 is exempt from payment of the annual fee.
(7) Transfer to Active Status.
Upon the filing of a notice to transfer to inactive status and payment of the fee required under section (1)(a) above and any arrearages, if owed, an attorney shall be removed from the roll of those classified as active until and unless a request for transfer to active status is made and granted. Transfer to active status shall be granted, unless the attorney is subject to an outstanding order of suspension or disbarment, upon the payment of any assessment in effect for the year the request is made and any accumulated arrearages for non-payment of inactive fees.
(8) Resignation.
An attorney may resign from the practice of law in Colorado upon order of the Supreme Court and thereby be excused from paying the annual registration fee provided that no disciplinary or disability matter or order is pending against the attorney. Any attorney who wishes to resign must petition the Supreme Court pursuant to this Rule and tender the attorney’s certificate of admission with the petition. Any attorney who so resigns is not eligible for reinstatement or transfer to active or inactive status and may be admitted to the practice of law in Colorado only by complying with the rules governing admission to the practice of law. Any attorney who so resigns remains subject to the jurisdiction of the Supreme Court as set forth in Rule 251.1(b) with respect to the attorney’s practice of law in Colorado.
(B) Registration Fee of Non-attorney Judges
(1) Every non-attorney judge who is subject to the jurisdiction of the Commission on Judicial Discipline shall pay an annual fee of $10.00. The annual fee shall be collected by the Clerk of the Supreme Court of Colorado, who shall send and receive, or cause to be sent and received, the notices and fees provided for hereafter. The ten-dollar fee shall be used to pay the costs of establishing and administering the mandatory continuing legal education requirement. The clerk shall account for and forward these receipts to the office of Continuing Legal and Judicial Education.
(2) Any non-attorney judge who fails to timely pay the fee required under subparagraph (1) above shall be reported to the Commission on Judicial Discipline, provided a notice of delinquency has been issued by the Clerk and mailed to the non-attorney judge by certified mail addressed to the county court in the respective county seat at least 28 days prior to such reporting, unless an excuse has been granted on grounds of financial hardship.
(3) If any non-attorney judge who is reported to the Commission on Judicial Qualifications under the provisions of subparagraph (2) above subsequently makes payment of arrearages, such payment shall be reported to the Commission by the Clerk.
(4) On or before January 31 of each year, all non-attorney judges shall file any affidavit required by Rule 250.7 and shall pay the annual fee required by this rule.
(5) Within 21 days after the receipt of each fee in accordance with the provisions of subparagraph (4) above, receipt thereof shall be acknowledged on a form prescribed by the Clerk.
Source: A.1a amended October 17, 1991, effective January 1, 1992; A.8 added and effective October 15, 1992; A.1c amended June 25, 1998, effective June 30, 1998; A.2a and A.3a amended June 25, 1998, effective July 1, 1998; A.1a amended June 25, 1998, effective January 1, 1999; entire rule amended November 22, 2000, effective January 1, 2001; A.1c amended June 7, 2001, effective July 1, 2001; A.1a amended April 14, 2005, effective January 1, 2006; A.1 amended and effective March 16, 2006; A.4a amended and effective April 27, 2006; A.1c amended and effective June 22, 2006; A.1, A.2, A.3, A.4, and A.5 amended and Comment added September 10, 2008, effective January 1, 2009; A.2b, A.3b, A.4, B.2, and B.5 amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1 b; A.1a, A.1c, A.2a3, A.4b, A.8, B.1, B.2, B.3, B4 amended and A.1d deleted July 27, 2013, effective September 1, 2013; A.1c amended, adopted, and effective January 16, 2014.; amended and adopted January 24, 2019, effective January 24, 2019.
Comment
The Supreme Court sets the annual attorney registration fee. The annual attorney registration fee includes both attorneys on active status and attorneys on inactive status. Attorneys admitted under C.R.C.P. 222 (Single-Client Certification) annually pay the active attorney fee. The Supreme Court apportions the active attorney fee to the various attorney regulation and registration offices; the continuing legal education office; the Attorneys’ Fund for Client Protection; and the Colorado Attorney Assistance Program.
To cover the operating costs of the various programs the court increased the annual attorney registration fee every six to eight years. In 2006, the court increased the active attorney registration fee fifteen percent. In 1998, to fund major changes to the attorney regulation system the court increased the fee seventy percent. The infrequent increases resulted in a surplus in the attorney registration/regulation fund for a period of years. In an effort to reduce the impact of a substantial fee increase every six to eight years the court adopted a more modest and consistent way of determining attorney registration fees. The court will authorize smaller but more frequent fee increases as necessary to cover operating expenses related to the costs of the Attorneys’ Fund for Client Protection, attorney regulation, unauthorized practice of law matters, and administration of this rule.
Annotation Law reviews. For a discussion of federal jurisdiction arising under this rule, see survey of Tenth Circuit decisions on federal practice and procedure, 53 Den. L.J. 153 (1976). For article, “Colorado’s New Rule on Mandatory Professional Liability Insurance Disclosure”, see 38 Colo. Law. 69 (February 2009). For article, “Attorney-Client Communications in Colorado”, see 38 Colo. Law. 59 (April 2009). Constitutionality. The difference in treatment accorded lawyers who pay the fee under this rule and those who do not pay the fee does not constitute invidious discrimination against those who do not pay the fee as it is not in violation of due process or equal protection of the law. May v. Supreme Court of Colo., 508 F.2d 136 (10th Cir. 1974), cert. denied, 422 U.S. 1008, 95 S. Ct. 2631, 45 L. Ed. 2d 671 (1975). Conduct violating this rule sufficient to justify public censure. People v. Smith, 757 P.2d 628 (Colo. 1988); People v. Newman, 925 P.2d 783 (Colo. 1996). Attorney currently under suspension for failure to comply with registration requirements is still subject to jurisdiction of the court for additional violations of Colorado rules of civil procedure and failure to comply with the code of professional responsibility. People v. Richards, 748 P.2d 341 (Colo. 1987). Disbarment is warranted for driving while impaired, marihuana possession, improperly executing agreement without permission, and failing to perform certain professional duties, despite the lack of a prior record. People v. Gerdes, 891 P.2d 995 (Colo. 1995). Conduct violating this rule in conjunction with other disciplinary rules is sufficient to justify public censure. People v. Woodrum, 911 P.2d 640 (Colo. 1996). Conduct violating this rule in conjunction with other disciplinary rules is sufficient to justify suspension. People v. Garrett, 802 P.2d 1082 (Colo. 1990); People v. Dash, 811 P.2d 36 (Colo. 1991); People v. Regan, 831 P.2d 893 (Colo. 1992); People v. Denton, 839 P.2d 6 (Colo. 1992); People v. Cassidy, 884 P.2d 309 (Colo. 1994). Conduct violating this rule sufficient to justify suspension. People v. Craig, 653 P.2d 1115 (Colo. 1982). Conduct violating this rule sufficient to justify disbarment. People v. Greene, 773 P.2d 528 (Colo. 1989). Conduct violating this rule in conjunction with other disciplinary rules is sufficient to justify disbarment. People v. Fager, 938 P.2d 138 (Colo. 1997); People v. Clyne, 945 P.2d 1386 (Colo. 1997). Facts supported finding of direct contempt when defendant admittedly made offensive statement during the course of proceedings even though obscenity was directed toward counsel for the People and merely overheard by the court. There was no abuse of discretion by the trial court given the fact that the defendant admitted it was inappropriate and an affront to the dignity of the court and its proceedings, and given the fact that defendant was an attorney admitted to the Bar. People v. Holmes, 967 P.2d 192 (Colo. App. 1998). Applied in People v. Whiting, 189 Colo. 253, 539 P.2d 128 (1975).
Rules 201 to 227 are a part of the Colorado Rules of Civil Procedure. Rule 110(b), Use of Terms, provides that the “masculine shall include the feminine.” (The above footnote was added to Rules 201 to 227 by the Supreme Court, April 3, 1978.)
