Colorado

Civil Procedure

Civil Procedure

Rule 209.5 – Post-Hearing Procedures

(1) Hearing Board Report. Within twenty-eight days after the conclusion of the hearing, the hearing board shall prepare and file with the Supreme Court its report, including findings of fact, conclusions of law and recommendations as to admission. The hearing board shall serve a copy of its report on (1) the applicant, (2) the Office of Attorney Admissions, and (3) the Office of Attorney Regulation Counsel.
(2) Written Exceptions. Both the applicant and the Office of Attorney Regulation Counsel shall have the right to file written exceptions to the report. Except as otherwise provided by these rules, and to the extent practicable, the written exceptions shall contain a summary of all factual and legal arguments made by the party filing the written exceptions. Any written exceptions to the report must be filed with the Supreme Court within twenty-one days after issuance of the report and simultaneously served on the opposing party. An advisory copy of the written exceptions shall be served on the Office of the Presiding Disciplinary Judge or the presiding officer within the time for its filing with the Supreme Court. Written exceptions may be e-filed in accordance with C.A.R. 30.
(3) No Exceptions Filed. If no written exceptions are timely filed, the case shall stand submitted upon the hearing board’s report.
(4) Proceedings Before the Supreme Court.

(a) Docketing. The matter shall be docketed by the Clerk of the Supreme Court as:

SUPREME COURT, STATE OF COLORADO
Case No.
ORIGINAL PROCEEDING IN ATTORNEY ADMISSIONS
IN THE MATTER OF (the name of the Applicant), APPLICANT

Once docketed, the matter no longer remains confidential and instead becomes a public proceeding.

(b) Record on Appeal.

(i) Composition of the Record. Unless the parties stipulate to a more limited record, the record shall consist of all pleadings, documents, and other materials filed or submitted in the proceedings before the inquiry panel and the hearing board; all written findings, orders, and judgments entered by the inquiry panel, Presiding Disciplinary Judge or presiding officer, and hearing board; all evidence presented to the hearing board, including depositions and exhibits; and a complete transcript of all hearings conducted by the hearing board.
(ii) Designation of the Record; Costs. Except as otherwise provided in this rule, the designation of the record on appeal shall be in accordance with C.A.R. 10. Within fourteen days after filing the written exceptions, the excepting party shall file a designation of record with the clerk of the Presiding Disciplinary Judge and the clerk of the Supreme Court. The designation of record shall either:

(1) indicate that all the items enumerated in section (b)(i) are desired; or
(2) contain a more limited detailed list, arrived through stipulation of the parties, describing the specific items to be included in the record. The excepting party shall serve a copy of the designation of record on the opposing party and on the court reporter who reported the proceedings before the hearing board. Service on any court reporter of the excepting party’s designation of record shall constitute a request for transcription of the specified proceedings. Each such court reporter shall provide the written notifications required by C.A.R. 10(b), and the designating party shall pay for the requested transcript(s) in accordance with that rule.
(iii) Certification of the Record. The records and files of the hearing board shall be certified by the clerk of the Presiding Disciplinary Judge.
(iv) Transmission of the Record. Except as otherwise provided in this rule, the transmission of the record on appeal shall be in accordance with C.A.R. 11. The record on appeal, including the transcript and exhibits necessary for the determination of the appeal, shall be transmitted to the clerk of the Supreme Court within sixty-three days (nine weeks) after the filing of the written exceptions, unless the time is shortened or extended by an order entered under C.A.R. 11(d). The excepting party shall take any actions necessary to enable the clerk of the Presiding Disciplinary Judge to assemble and transmit the record. The clerk of the Presiding Disciplinary Judge shall assemble and transmit the record in accordance with C.A.R. 10(a)(4) and (5), and C.A.R. 11(b).
(c) Briefs. Except as otherwise provided in this rule, the form, filing, and service of briefs shall be in accordance with C.A.R. 28, 31, and 32.

(i) Titles, Content, Form, and Length of Briefs. No Requests for Attorney Fees Allowed. The brief of the excepting party shall be entitled “opening brief,” the brief of the opposing party shall be entitled “answer brief,” and the brief of the excepting party’s reply brief, if any, shall be entitled “reply brief.” The content, form, and length of the briefs shall comply with C.A.R. 28 and 32, except that neither party may seek an award of attorney fees.
(ii) Time for Serving and Filing Briefs. The excepting party shall serve and file the opening brief within twenty-eight days after the date on which the record is filed. The objecting party shall serve and file the answer brief within twenty-eight days after service of the opening brief. The excepting party may serve and file a reply brief within fourteen days after service of the answer brief.
(d) Review. The Supreme Court, after reviewing the report of the hearing board, any exceptions filed thereto, the record, and the parties’ briefs, may adopt, modify, or reject the report in whole or in part, or may receive further evidence prior to its decision to admit or decline to admit the applicant. The Supreme Court reserves the authority to review any determination made in the course of an admission proceeding and to enter any order with respect thereto, including an order that the Character and Fitness Committee, inquiry panel, and/or hearing board conduct further proceedings.

C.R.C.P. 209.5

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