C.R.C.P. 232.13. — Interim Injunction

(a) Overview. Although respondents can be permanently enjoined from the unauthorized practice of law only under the civil injunction procedures set forth in C.R.C.P. 232.14 through C.R.C.P. 232.20, the supreme court may temporarily enjoin a respondent from the unauthorized practice of law while a civil injunction proceeding is pending against the

respondent if there is reasonable cause to believe that the respondent is causing substantial public or private harm by engaging in a sustained pattern of UPL activities. (b) Procedure. (1) Initiation. To initiate a proceeding under this section 232.13, the Regulation Counsel, with the concurrence of the Chair or Vice-Chair of the Regulation Committee, must file a petition with the supreme court alleging that a respondent is engaging in a sustained pattern of the unauthorized practice of law that is causing substantial public or private harm. The petition must be supported by an affidavit setting forth facts sufficient to give rise to reasonable cause to believe that the alleged conduct occurred. The Regulation Counsel must serve a copy of the petition and affidavit on the respondent. Service of process is sufficient when made in accordance with C.R.C.P. 4. Proof of service must be made as provided in C.R.C.P. 4(h). (2) Response. The respondent must file a response within 14 days after service. (3) Hearing. If the respondent responds to the petition, either party may request a hearing. The supreme court may refer the matter to the Presiding Disciplinary Judge for resolution of contested factual matters and a hearing, for which subpoenas may be issued under C.R.C.P. 45. A hearing will take place within 14 days of the order of referral. (4) Report. Within 7 days after any hearing, or as soon as practicable if no hearing is held, the Presiding Disciplinary Judge will submit to the supreme court a report setting forth findings of fact, conclusions of law, and a recommendation as to an interim injunction. (5) Decision. After considering the petition, any response, and any report from the Presiding Disciplinary Judge, the supreme court may issue an interim injunction; deny the petition; or issue any other appropriate order. (6) Subsequent Civil Injunction Proceeding. (i) Filing of Petition. When the supreme court issues an interim injunction and a petition has not already been filed under C.R.C.P. 232.15 based on the same conduct, the Regulation Counsel must promptly file a petition against the respondent under C.R.C.P. 232.15. C.R.C.P. 232.12 does not apply to such proceedings. The proceeding will then go forward as otherwise provided in this rule. (ii) Accelerated Disposition. A respondent subject to an interim injunction under this section 232.13 may exercise the right to an accelerated disposition of the civil injunction proceeding by filing a notice to that effect with the Presiding Disciplinary Judge. The matter then must proceed without appreciable delay. (iii) Termination of Interim Injunction. An interim injunction under this section 232.13 terminates on resolution of a civil injunctive proceeding based on the same underlying conduct, or as the supreme court otherwise may order.