C.R.C.P. 232.23. — Petition for Contempt

(a) Petition. (1) Filing. If the Regulation Committee authorizes an indirect contempt proceeding against a respondent, the Regulation Counsel must file a petition with the supreme court in the name of the People of the State of Colorado. (2) Contents. The petition must set forth the factual allegations and charges in plain language and with sufficient particularity to identify the alleged activities that constitute contempt. The petition must request specific relief and request issuance of a contempt citation and an order to show cause why the respondent should not be held in contempt. The petition must be supported by an affidavit that gives rise to reasonable cause to believe that indirect contempt has been committed. (b) Determination. On receiving the petition, the supreme court may: (1) Appoint a special master and refer the matter to the special master to preside over the contempt proceeding in a county convenient to the participants. The special master must be an active or senior judge of a court of record, must not have any conflicts of interest, and must be able to serve diligently and impartially. If the supreme court refers the matter to a special master, the supreme court will instruct the special master to issue an order to show cause and a citation for contempt and will direct the special master to prepare a report at the conclusion of the proceeding containing findings of fact, conclusions of law, and recommendations.

(2) Issue under C.R.C.P. 232.15(b) a show cause order in a civil injunctive proceeding to be governed by C.R.C.P. 232.14 through C.R.C.P. 232.20; or (3) Dismiss the petition. (c) Issuance of Citation. On receiving the referral from the supreme court, the special master will issue a citation ordering the respondent to appear at a designated date, time, and place to show cause why the respondent should not be held in indirect contempt for the unauthorized practice of law. The special master also may direct the respondent to respond in writing to the show cause order by filing an answer to the petition. Depending on the requested relief in the petition, the citation must state that a fixed sentence of imprisonment not to exceed six months, restitution, an unconditional fine of $2,000 to $10,000 per incident, and assessment of allowable costs may be imposed. The Regulation Counsel must serve on the respondent the order, the citation, and a copy of the petition. Service of process must be made in accordance with C.R.C.P. 4. Proof of service must be made in accordance with C.R.C.P. 4(h). (d) Procedure If Respondent Fails to Appear. (1) Issuance of Warrant. If the respondent has been served with the citation and fails to appear before the special master at the time and place designated in the citation or at any time thereafter that the special master directs, the special master may make appropriate findings and issue a warrant for the respondent's arrest. (2) Contents of Warrant. The warrant must fix the time and place for the respondent's production before the special master. The warrant must also state the amount of bail required. (3) Bond. If the respondent fails to make bond, the sheriff must keep the respondent in custody and produce the respondent before the special master at the time and place fixed by the warrant. The respondent must be discharged if the sheriff or a clerk for the judicial district in which the contempt proceeding is held receives and approves of a bond directing the respondent to appear at the date, time, and place designated in the warrant, and at any time thereafter that the special master directs, or pay the sum specified. If the respondent fails to appear at the time designated in the warrant, or at any time thereafter that the special master directs, the bond may be forfeited on proper notice to the surety, if any. To the extent the aggrieved party has suffered damages because of the contempt, the bond may be paid to the aggrieved party.