Colorado

Civil Procedure

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.

C.R.C.P. 251.3

Source: Amended and adopted June 25, 1998, effective January 1, 1999.

This rule was previously numbered as 241.4.

Annotation 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). Supreme court regulation counsel and office of attorney regulation counsel are part of the judicial branch of state government because they are subject to the direction of the supreme court pursuant to this rule and participate in the process of regulating attorneys. Gleason v. Judicial Watch, Inc., 2012 COA 76, 292 P.3d 1044. 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. § 1983. Bannister v. Colo. 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. § 1983. Bannister v. Colo. 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. § 1983 when acting within the scope of their prosecutorial duties. Bannister v. Colo. Supreme Court Disciplinary Counsel, 856 P.2d 79 (Colo. App. 1993).