Colorado

Civil Procedure

Civil Procedure

Rule 251.12 – Determination by the Committee

If, at the conclusion of an investigation, the Regulation Counsel believes that the committee should order private admonition imposed or authorize the Regulation Counsel to prepare and file a complaint, the Regulation Counsel shall submit a report of investigation and recommendation to the committee, which shall determine whether there is reasonable cause to believe grounds for discipline exist and shall either:

(a) Direct the Regulation Counsel or other investigator appointed pursuant to C.R.C.P. 251.2(b)(1) to conduct further investigation;
(b) Dismiss the allegations and furnish the person making the allegations with a written explanation of its determination;
(c) Divert the matter to the alternatives to discipline program as provided by C.R.C.P. 251.13;
(d) Order private admonition imposed; or
(e) Authorize the Regulation Counsel to prepare and file a complaint against the attorney.

In determining whether to authorize the Regulation Counsel to file a complaint, the committee shall consider the following:

(1) Whether it is reasonable to believe that misconduct warranting discipline can be proved by clear and convincing evidence;
(2) The level of injury;
(3) Whether the attorney previously has been disciplined; and
(4) Whether the conduct in question is generally considered to warrant the commencement of disciplinary proceedings because it involves misrepresentation, conversion or commingling of funds, acts of violence, or criminal or other misconduct that ordinarily would result in public censure, suspension or disbarment.

C.R.C.P. 251.12

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

This rule was previously numbered as 241.11.