Colorado

Civil Procedure

Civil Procedure

Rule 251.8 – Immediate Suspension

(a) Immediate Suspension. Immediate suspension is the temporary suspension by the Supreme Court of an attorney’s license to practice law for a definite or indefinite period of time while proceedings conducted pursuant to this Rule and these Rules are pending against the attorney.

Although an attorney’s license to practice law shall not ordinarily be suspended during the pendency of such proceedings, the Supreme Court may order the attorney’s license to practice law immediately suspended when there is reasonable cause to believe that:

(1) the attorney is causing or has caused immediate and substantial public or private harm and the attorney:

(A) has been convicted of a serious crime as defined by C.R.C.P. 251.20(e);
(B) has converted property or funds;
(C) has abandoned clients; or
(D) has engaged in conduct which poses an immediate threat to the effective administration of justice.
(b) Petition for Immediate Suspension.

(1) When it is believed that an attorney should be immediately suspended, the committee or Regulation Counsel shall file a petition with the Presiding Disciplinary Judge. The petition shall be supported by an affidavit setting forth sufficient facts to give rise to reasonable cause that the alleged conduct has in fact occurred. A copy of the petition shall be served on the attorney pursuant to these Rules.
(2) The Presiding Disciplinary Judge, or the Supreme Court, by any justice thereof, may order the issuance of an order to show cause directing the attorney to show cause why the attorney should not be immediately suspended, which order shall be returnable within 14 days. After the issuance of an order to show cause, and after the period for response has passed without a response having been filed, or after consideration of any response and reply, the Presiding Disciplinary Judge shall prepare a report setting forth findings of fact and recommendation and file the report with the Supreme Court. After receipt of the report the Supreme Court may enter an order immediately suspending the attorney from the practice of law, or dissolve the order to show cause.
(3) If a response to the order to show cause is filed and the attorney requests a hearing on the petition, said hearing shall be held within 14 days before the Presiding Disciplinary Judge. Thereafter, the Presiding Disciplinary Judge shall submit a transcript of the hearing and a report setting forth findings of fact and a recommendation to the Supreme Court within 7 days after the conclusion of the hearing. Upon the receipt of the recommendation and the record relating thereto, the Supreme Court may enter an order immediately suspending the attorney from the practice of law or dissolve the order to show cause.
(4) When the Supreme Court enters an order immediately suspending the attorney, the Regulation Counsel shall promptly prepare and file a complaint against the attorney as provided in C.R.C.P. 251.14, notwithstanding the provisions of C.R.C.P. 251.10 and C.R.C.P. 251.12. Thereafter the matter shall proceed as provided by these Rules.
(5) An attorney who has been immediately suspended pursuant to this Rule shall have the right to request an accelerated disposition of the allegations which form the bases for the immediate suspension by filing a notice with the Regulation Counsel requesting accelerated disposition. After the notice has been filed, the Regulation Counsel shall promptly file a complaint pursuant to these Rules and the matter shall be docketed by the Presiding Disciplinary Judge for accelerated disposition. Thereafter the matter shall proceed and be concluded without appreciable delay.
(c) Transferred to Rule 251.8.5

C.R.C.P. 251.8

Source: Amended and adopted June 25, 1998, effective July 1, 1998; c transferred to Rule 251.8.5, effective January 1, 1999; b2 amended and effective June 28, 2007; a amended and effective February 5, 2009; b2 and b3 amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1 b.

Paragraph (a) was previously numbered as 241.8. Paragraph (b) is new.

Annotation Annotator’s note. The following annotations include cases decided under former C.R.C.P. 259, which was similar to this rule. Applied in People v. McMichael, 199 Colo. 433, 609 P.2d 633 (1980); People v. Harfmann, 638 P.2d 745 (Colo. 1981); In re Green, 982 P.2d 838 (Colo. 1999).