Colorado

Civil Procedure

Rule 251.4 – Duty of Judge to Report Misconduct or Disability

A judge has a duty to report unprofessional conduct by an attorney to Regulation Counsel pursuant to Rule 2.15 of the Colorado Code of Judicial Conduct. No action taken by any judge pursuant to Rule 2.15 shall in any way limit the power of the reporting judge to exercise the power of contempt against an attorney, nor should the reporting of such matters to the Regulation Counsel be used in lieu of contempt proceedings.

C.R.C.P. 251.4

Source: Amended and adopted June 25, 1998, effective January 1, 1999; entire rule amended and effective April 12, 2012.

This rule was previously numbered as 241.5.

Annotation Annotator’s note. The following annotations include cases decided under former provisions similar to this rule. Rule held constitutional. Rule provides sufficient guidelines to impose attorney discipline and is not, therefore, unconstitutionally vague in violation of due process of law. People v. Morley, 725 P.2d 510 (Colo. 1986). A most sacred duty is to maintain the integrity of the law profession by disciplining lawyers who indulge in practices which are designed to perpetrate a fraud on the courts. People v. Radinsky, 176 Colo. 357, 490 P.2d 951 (1971). Where the court specifically noted that the issue of contempt was not properly before the court, the trial court lacked authority to impose disciplinary sanctions against an attorney, along with client, for failing to disclose at the settlement conference that funds were never paid into the directory. Mulei v. Jet Courier Serv., Inc., 860 P.2d 569 (Colo. App. 1993). Applied in Coerber v. Rath, 164 Colo. 294, 435 P.2d 228 (1967); People ex rel. Aisenberg v. Young, 198 Colo. 26, 599 P.2d 257 (1979).