Colorado

Civil Procedure

Civil Procedure

Rule 251.16 – Presiding Disciplinary Judge

(a) Presiding Disciplinary Judge. The office of the Presiding Disciplinary Judge of the Supreme Court of Colorado is hereby established. The Supreme Court shall appoint a Presiding Judge to serve at the pleasure of the Supreme Court.
(b) Qualifications. The Presiding Disciplinary Judge shall be an attorney, duly admitted to the Bar of Colorado, with more than five years experience in the practice of law. The Presiding Disciplinary Judge, while serving in that capacity, may hold any other public office.
(c) Powers and Duties of the Presiding Disciplinary Judge. The Presiding Disciplinary Judge shall be authorized and empowered to act in accordance with these Rules and to:

(1) Maintain and supervise a permanent office in the Denver metropolitan area to serve as the central office in which disciplinary and disability proceedings shall be conducted as provided in these Rules, under a budget approved by the Supreme Court;
(2) Select counsel and appoint a staff as necessary to assist the Presiding Disciplinary Judge in the administration of the judge’s office and in the performance of the judge’s duties;
(3) Order the parties in disciplinary proceedings to attend a settlement conference;
(4) Impose discipline on an attorney or transfer an attorney to disability inactive status as provided in these Rules;
(5) Periodically report to the Advisory Committee and the management committee on the operation of the office of the Presiding Disciplinary Judge;
(6) Recommend to the Advisory Committee proposed changes or additions to the rules of procedure for attorney discipline and disability proceedings; and
(7) Adopt such practices as may from time to time become necessary to govern the internal operation of the office of the Presiding Disciplinary Judge, as approved by the Supreme Court.
(8) Preside over contempt proceedings initiated under these Rules and C.R.C.P. 107 when appropriate.
(9) Preside over sanctions hearings pursuant to C.R.C.P. 251.15(b) and C.R.C.P. 251.19(c).
(d) Abstention. The Presiding Disciplinary Judge shall refrain from taking part in any proceedings in which a judge, similarly situated, would be required to abstain. No partner or associate in the law firm of the Presiding Disciplinary Judge, or any attorney in any way affiliated with the Presiding Disciplinary Judge or the Judge’s law firm, may accept or continue in employment connected with any matter pending before the committee, the Judge, or a Hearing Board as long as the Judge is serving as the Presiding Disciplinary Judge.
(e) Disqualification. Presiding Disciplinary Judges shall not represent an attorney in any matter as provided in these Rules during their terms of service. Former presiding disciplinary judges shall not represent an attorney in any matter that was being investigated or prosecuted as provided in these rules during their terms of service.

C.R.C.P. 251.16

Source: Amended and adopted June 25, 1998, effective January 1, 1999; e amended and adopted October 29, 1998, effective January 1, 1999; entire rule amended and effective September 1, 2000; d corrected June 11, 2001, effective September 12, 2000; c8 added and adopted December 13, 2001, effective January 1, 2002; c9 added and adopted September 30, 2004, effective January 1, 2005.