Colorado

Civil Procedure

Rule 204.4 – Military Spouse Certification

(1) General Statement and Eligibility. Due to the unique mobility requirements of military families who support the defense of our nation, the Supreme Court in its discretion may certify an attorney who is a spouse, including a legally recognized domestic partner, (“spouse”) of a member of the United States Uniformed Services (“service member”), stationed within Colorado, to practice law pursuant to the terms of this rule if all of the following conditions are met:

(a) The attorney has been admitted to practice law and is on active status in another jurisdiction in the United States;

(b) The attorney holds a J.D. or LL.B. degree from a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association at the time the applicant matriculated or graduated;

(c) The attorney is currently a member in good standing of the bar of all courts and jurisdictions in which he or she is admitted to practice;

(d) 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

(e) 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 military spouse 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. An applicant under this rule shall:

(a) Demonstrate presence in Colorado as a spouse of a service member by filing a copy of the certification of legal relationship, such as a marriage or civil union license, and a copy of the service member’s military orders reflecting a permanent change of station to a military installation in Colorado;

(b) Certify that the applicant has read and is familiar with the Colorado Rules of Professional Conduct;

(c) Provide the Office of Attorney Registration with a certificate of good standing from all courts and jurisdictions in which the attorney is admitted to practice; and

(d) Within twenty-six weeks of being certified under this rule, complete the required course on professionalism described in C.R.C.P. 203.2.

(3) Scope of Authority. Except as provided in this rule, an attorney admitted 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 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; C.R.C.P. 251.1 et seq. (Rules of Procedure Regarding Attorney Discipline and Disability Proceedings); and C.R.C.P. 210 (Revocation of License). 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.

(a) Certification under this rule shall terminate when:

(i) The service member is no longer a member of the United States Uniformed Services;

(ii) The military spouse attorney is no longer a spouse of the service member;

(iii) The service member receives a permanent transfer outside Colorado, except that if the service member has been assigned to an unaccompanied or remote assignment with no dependents authorized, the military spouse attorney may continue to practice law pursuant to the provisions of this rule until the service member is assigned to a location with dependents authorized;

(iv) The military spouse is disciplinarily suspended or disbarred or placed on disability inactive status in any jurisdiction, court, or agency before which the attorney is admitted; or

(v) The military spouse is suspended in any jurisdiction for failure to pay child support or failure to cooperate in a disciplinary matter.

(b) If any of the events listed in subsection (5)(a) occur, the attorney certified under this rule shall notify the Clerk of the Supreme Court Office of Attorney Registration, as well as the Attorney Regulation Counsel, Office of Admissions, of the event in writing within fourteen days of the date upon which the event occurs. Termination shall occur twenty-eight days thereafter, allowing for a twenty-eight-day winding down period. If the event occurs because the service member is deceased or disabled, the attorney shall notify the above offices within twenty-six weeks of the date upon which the event occurs, and termination shall occur within twenty-eight days thereafter, allowing for a twenty-eight-day winding down period.

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

(a) Cease to occupy an office or other place for the regular practice of law in Colorado, unless authorized to do so pursuant to another rule;

(b) 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;

(c) Decline any new representation that would require the attorney to be admitted to practice law in Colorado; and

(d) 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 registration 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 military spouse 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. 204.4

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

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