Colorado

Civil Procedure

Civil Procedure

Rule 251.9 – Request for Investigation

(a) Commencement. Proceedings as provided in these Rules shall be commenced:

(1) Upon a request for investigation made by any person and directed to the Regulation Counsel; or
(2) Upon a report made by a judge of any court of record of this state and directed to the Regulation Counsel, as provided in C.R.C.P. 251.4;
(3) By the committee upon its own motion; or
(4) By the Regulation Counsel with the concurrence of the Chair or Vice-Chair of the committee.
(b) Determination to Proceed. Immediately upon receipt of a request for investigation, a report made by a judge, or a motion made by the committee, as provided in subsection (a) of this Rule, the matter shall be referred to the Regulation Counsel to determine:

(1) If the attorney in question is subject to the disciplinary jurisdiction of the Supreme Court;
(2) If there is an allegation made against the attorney in question which, if proved, would constitute grounds for discipline; and
(3) If the matter should be investigated as provided by C.R.C.P. 251.10 or addressed by means of an alternative to discipline as provided by C.R.C.P. 251.13.

In making a determination whether to proceed, the Regulation Counsel may make inquiry regarding the underlying facts and consult with the Chair of the committee. The decision of the Regulation Counsel shall be final, and the complaining witness shall have no right to appeal.

C.R.C.P. 251.9

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

This rule was previously numbered as 241.9.