Colorado

Civil Procedure

Civil Procedure

Rule 210.2 – Revocation Proceedings

(1) Petition for Revocation. If, after an applicant has been admitted to practice law in Colorado, the Office of Attorney Regulation Counsel learns that during the admissions process the applicant knowingly made a false statement of material fact, knowingly failed to disclose a fact necessary to correct a misapprehension known by the applicant to have arisen in the matter, knowingly failed to supplement the application with details of any material changes in the information provided in the application, or engaged in knowing dishonest conduct during the application process in an attempt to induce the Office of Attorney Admissions, the Board of Law Examiners and/or the Supreme Court to grant a law license, or otherwise engaged in pre-admission conduct that if disclosed could have precluded the applicant from being admitted to the practice of law in Colorado, the Office of Attorney Regulation Counsel may file a petition with the Supreme Court within three (3) years that specifies the conduct and seeks an order requiring the attorney to show cause why the Colorado license to practice law should not be revoked. Such petition and any subsequent pleadings may be e-filed in accordance with C.A.R. 30. Such revocation proceedings shall be public.
(2) Caption. Revocation proceedings shall be commenced in the name of The People of the State of Colorado.
(3) Show Cause Order. The Supreme Court, on consideration of the petition filed, may issue an order directed to the attorney respondent commanding the respondent to show cause why the respondent’s law license should not be revoked, and further requiring that the respondent file with the Supreme Court, within twenty-one days after service of the petition and show cause order, a written answer admitting or denying the matters stated in the petition. The show cause order, together with a copy of the petition, shall be served on the respondent and the Office of Attorney Regulation Counsel. Service shall be sufficient when made either personally upon the respondent or by certified mail sent to the respondent’s registered or last known address.
(4) Supreme Court Order Based on Pleadings. If a response to the show cause order is not timely filed, the Supreme Court upon its own motion or the motion of any party shall decide the case, granting such relief and issuing such other orders as may be appropriate.
(5) Judgment on Pleadings. If the response to the show cause order raises no genuine issue of material fact, any party by motion may request a judgment on the pleadings and the Supreme Court may decide the case as a matter of law, granting such relief and issuing such other orders as may be appropriate.
(6) Referral to Hearing Board. Upon the Supreme Court’s order or upon motion of any party, questions of fact raised in proceedings under this rule may be referred to a hearing board consisting of the Presiding Disciplinary Judge and two members of the Character and Fitness Committee for findings of fact, conclusions of law and recommendations for final disposition of the case. The two Character and Fitness Committee members, at least one of whom shall be an attorney, shall be randomly selected by the clerk for the Presiding Disciplinary Judge. If the Presiding Disciplinary Judge has been disqualified, an attorney on the Character and Fitness Committee shall be selected by the clerk to serve as the presiding officer.

(a) Burden of Proof. The Attorney Regulation Counsel has the burden of establishing by clear and convincing evidence that the respondent engaged in any of the conduct set forth in section (1) of this rule.
(b) Procurement of Evidence. The parties may procure the attendance of witnesses before the hearing board by issuance of subpoenas which shall be in the name of the Supreme Court and may be issued by the Presiding Disciplinary Judge or his or her clerk upon the request of a party. All such subpoenas shall be subject to the provisions of C.R.C.P. 45. Failure or refusal, without adequate excuse, to comply with any such subpoena shall constitute contempt of the Supreme Court and may be punished accordingly.
(c) Hearing Procedures. The Colorado Rules of Civil Procedure shall apply when not inconsistent with these rules. Subject to any limitations in the order of reference, the Presiding Disciplinary Judge or presiding officer shall have the powers generally reposed in a district court under the Colorado Rules of Civil Procedure. The Presiding Disciplinary Judge or presiding officer shall rule on all motions, objections and other matters of law presented during the course of proceedings conducted pursuant to the order of reference. At all hearings before a hearing board, witnesses shall be sworn in and a complete record made of all proceedings had and testimony taken.
(d) Findings. After the hearing, the hearing board shall report in writing to the Supreme Court in accordance with the order of reference, setting forth findings of fact, conclusions of law and recommendations for final disposition of the case.
(e) Exceptions. Exceptions to the report of the hearing board may be filed with the Supreme Court by any party within twenty-eight days after copies of the report have been mailed to the parties. If no exceptions are timely filed, the case shall stand submitted upon the hearing board’s report.
(f) 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 hearing board; all written findings, orders, and judgments entered by the 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 (f)(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(s) 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 action 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).
(g) 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 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.
(h) Order of Revocation. After review of the report of the hearing board, together with any exceptions, briefs, and the record, the Supreme Court may adopt, modify, or reject the report in whole or in part and shall determine as a matter of law whether the respondent engaged in any of the conduct set forth in section (1) of this rule. If the Supreme Court finds that the respondent did engage in any of the conduct set forth in section (1) of this rule, the Supreme Court may enter an order revoking the respondent’s license to practice law in Colorado and may issue such further orders as it deems appropriate, including orders for restitution to any affected agency or client, and the assessment of costs.
(7) Immediate Suspension. Nothing in this rule shall be construed to limit the power of the Supreme Court, upon proper application, to immediately suspend an attorney at any stage of the revocation proceeding in order to prevent public harm.
(8) Not Exclusive Remedy. In addition to or in lieu of initiating revocation proceedings, the Office of Attorney Regulation Counsel may in its discretion choose to institute disciplinary proceedings against the respondent for conduct described in subparagraph (1) of this rule, and a C.R.C.P. 251.18 hearing board may order revocation of the law license as an alternative to discipline. Nothing in this rule precludes the Office of Attorney Regulation Counsel from pursuing disciplinary proceedings against the respondent attorney if the Supreme Court does not order revocation of the attorney’s law license pursuant to this rule.

C.R.C.P. 210.2

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