C.R.C.P. 232.24. — Contempt Proceeding, Report, Objections, and Collections

(a) Prosecuting Authority. The Regulation Counsel will prosecute the contempt proceeding. (b) Contempt Procedures. A respondent in a contempt proceeding must be afforded all procedural protections set forth in C.R.C.P. 107 and applicable law. (1) First Appearance. The respondent must attend a first appearance. At the first appearance, the special master must advise the respondent of the respondent's rights under C.R.C.P. 107(d) and set the matter for a contempt hearing. (2) Contempt Hearing. The contempt hearing will go forward under C.R.C.P. 107. Subject to any limitations in the order of reference, the special master may exercise in the proceeding the powers generally reposed in a court under the Colorado Rules of Civil Procedure, including C.R.C.P. 107. (c) Report to Supreme Court, Objections, and Decision. (1) Report of the Special Master. After a hearing the special master must report in writing to the supreme court, setting forth findings of fact, conclusions of law, and recommendations for remedial and/or punitive sanctions and the terms of those sanctions, including whether the sanctions should be bifurcated. If the special master recommends a sanction, the special master must, before issuing a report, afford the respondent the right to make a statement in mitigation under C.R.C.P. 107(b) or C.R.C.P. 107(d)(1), as applicable. Under C.R.C.P. 107(e), if the special master recommends both remedial and punitive sanctions, appropriate procedures must be followed as to each type of sanction, and findings must be made to support the adjudication of both types of sanctions. When

submitting a report to the supreme court, the special master must transmit the record of the entire proceeding to the supreme court and mail a copy of the report to each party. (2) Objections. Objections to the special master's report are governed by C.R.C.P. 232.20(b)-(d). (3) Supreme Court Decision. The supreme court may adopt, modify, or reject the special master's report and will determine as a matter of law whether the respondent engaged in contemptuous conduct that was offensive to the authority and the dignity of the supreme court. If the supreme court finds that the respondent engaged in contemptuous conduct, the supreme court may impose a fixed sentence of imprisonment not to exceed six months, restitution, an unconditional fine of $2,000 to $10,000 per incident, or assessment of costs as allowed by law, or any combination thereof under C.R.C.P. 107(e). If the supreme court finds contemptuous conduct but does not impose imprisonment, the supreme court will impose a fine between $2,000 and $10,000 for each incident of contempt, payable to the supreme court, and may order restitution or assessment of costs as allowed by law. The supreme court may also order related remedial sanctions. The clerk of the supreme court must mail a copy of the order to each party and to the special master. (4) Remand to Special Master. If the supreme court finds that the respondent engaged in contemptuous conduct and concludes that a sentence of imprisonment is appropriate, the supreme court will remand the matter to the special master with instructions to issue the mittimus and to take the respondent into custody in accordance with the procedures of that court of record. (d) Collection of Restitution. (1) Notice of Intent and Withdrawal of Notice. A person in whose name a restitution order has been entered under this rule has the right to pursue collection of the amount of restitution owed to that person. A person who wishes to collect restitution under this subsection must first deliver to the clerk of the supreme court a notice of intent to pursue collection. On receiving such a notice, the supreme court and the Regulation Counsel will cease all attempts to collect the restitution amounts due to that person. A person may withdraw a notice of intent to pursue collection of restitution by filing a notice of withdrawal with the clerk of the supreme court. The notice must state the amount, if any, of restitution collected. On receiving a notice of withdrawal, the supreme court and the Regulation Counsel may resume pursuing collection of restitution under this section. (2) Procedure. A person who has filed a notice of intent to pursue collection of restitution may request that the supreme court issue any of the following without cost: (A) One or more certified copies of the transcript for the order for restitution, which may be recorded with a clerk and recorder or with the secretary of state; (B) An order that a portion of the respondent's earnings be withheld under C.R.S. section 16-18.5-105(3)(b); and (C) A writ of execution, writ of attachment, or other civil process to collect on a judgment under article 52 of title 13, C.R.S. (e) Enforcement of Punitive Sanctions.The Regulation Counsel may pursue a subsequent contempt citation with the supreme court if the respondent fails to pay the fine imposed as a punitive sanction. In such instances, the Regulation Counsel may pursue the contempt citation without authorization of the Regulation Committee.