Colorado

Civil Procedure

Civil Procedure

Rule 209.4 – Hearing

(1) Issues. The issues under review at the hearing shall be limited to those in the inquiry panel findings and challenged in the applicant’s request for a hearing, unless the parties otherwise stipulate or the findings were amended pursuant to the procedure described in C.R.C.P. 209.3(1).
(2) Confidential Hearing. The hearing shall be confidential unless the applicant requests in writing that the hearing be public. If such request is made, the entire matter shall become public, including any documents filed in the matter or issued by the Presiding Disciplinary Judge, presiding officer or the hearing board.
(3) Procurement of Evidence During Hearing.

(a) Subpoena. In the course of a hearing conducted pursuant to these rules, and upon the request of any party to the hearing, the Presiding Disciplinary Judge or his or her clerk may, for the use of a party, issue subpoenas to compel the attendance of witnesses and production of pertinent books, papers, documents, or other evidence. Such subpoenas shall be subject to the provisions of C.R.C.P. 45.

Witnesses to whom subpoenas are issued pursuant to this rule shall be entitled to reimbursement for mileage as provided by law for witnesses in civil actions.

(b) Quashing a Subpoena. Any challenge to the subpoena as exercised pursuant to this rule shall be directed to the Presiding Disciplinary Judge or the presiding officer.
(c) Contempt.

(i) Persons in Contempt. Any person who fails or refuses to comply with a subpoena issued pursuant to this rule may be cited for contempt of the Supreme Court. Any person who obstructs the hearing board or any part thereof in the performance of its duties may be cited for contempt of the Supreme Court. Any person having been duly sworn to testify who refuses to answer any proper questions may be cited for contempt of the Supreme Court.
(ii) Issuance of Contempt Citation. A contempt citation may be issued by the Presiding Disciplinary Judge or the presiding officer. A copy of the contempt citation, together with the findings of fact made by the Presiding Disciplinary Judge or the presiding officer concerning the contempt, shall be filed with the Supreme Court. The Supreme Court shall then determine whether to issue a finding of contempt and impose sanctions.
(4) Admission of Evidence. The hearing board is not bound by formal rules of evidence. The hearing board in its discretion may consider evidence other than in testimonial form, and may rely upon records and other materials furnished by the parties. The Presiding Disciplinary Judge or presiding officer in his or her discretion may determine whether to admit evidence and whether evidence to be taken in testimonial form shall be taken in person or upon deposition, but in either event all testimonial evidence shall be taken under oath.
(5) Privilege Against Self-Incrimination. An applicant may not be required to testify or produce records over his or her objection if to do so would be in violation of the applicant’s constitutional privilege against self-incrimination. An adverse inference may be drawn from the applicant’s failure or refusal to testify or produce records.
(6) Burden of Proof. The applicant bears the burden of showing by clear and convincing evidence that the applicant possesses the character and fitness necessary to practice law in Colorado.
(7) Record of Proceeding. A certified court reporter shall make a contemporaneous record of the hearing.

C.R.C.P. 209.4

Source: Entire rule added and effective September 1, 2014.