C.R.C.P. 232.28. — Access to Information

(a) Public Information. Unless otherwise provided in this rule, all files and records relating to any phase of a civil injunction or contempt proceeding are available to the public after: (1) A petition for injunction is filed with the supreme court under C.R.C.P. 232.15; (2) A petition for contempt is filed with the supreme court under C.R.C.P. 232.23; (3) A stipulation to injunction is filed under C.R.C.P. 232.17 before the filing of a petition; or (4) An interim injunction is imposed under C.R.C.P. 232.13 before the filing of a petition. (b) Confidential Information. The following types of information are confidential and are not available to the public: (1) Files and records of a proceeding in which none of the four events set forth in subsection (a) above has occurred, unless the respondent has waived confidentiality; (2) Files and records of any proceeding that was dismissed before a petition was filed, unless the respondent has waived confidentiality: (3) Interview notes made during a preliminary investigation under C.R.C.P. 232.9; (4) The work product, deliberations, privileged communications, and internal communications of the Office of the Attorney Regulation Counsel, the Advisory Committee, the Regulation Committee, the Office of the Presiding Disciplinary Judge, the special master to which a contempt matter is referred, and the supreme court; (5) Information subject to a protective order under subsection (d) below or other applicable rules; and (6) Information otherwise made confidential under this rule. (c) Subpoenaed Records. If the Regulation Counsel is served with a valid subpoena, the Regulation Counsel shall not permit access to files or records or furnish documents that are confidential as provided by this rule unless the supreme court orders otherwise. (d) Protective Orders. On motion of any person and on a showing of good cause, a protective order may be entered restricting the disclosure of specific information to protect a complaining witness, another witness, a third party, or a respondent from annoyance, embarrassment, oppression, or undue burden or expense. A protective order may direct that a proceeding, including a hearing, be conducted so as to preserve the confidentiality of certain information. (e) Exceptions to Confidentiality During an Investigation. (1) Before the filing of a petition, the Regulation Counsel may, to conduct the investigation, disclose information to a complaining witness or to another third party. (2) Before the filing of a petition, the Regulation Counsel may disclose the existence, subject matter, status, and resolution, if any, of an investigation if: (A) The respondent has waived confidentiality; (B) The respondent has been convicted of a crime related to the UPL allegations, such as impersonation of an attorney;

(C) The investigation is based on allegations that have become generally known to the public; (D) The disclosure is necessary to protect the public or the administration of justice; or (E) A petition for interim injunction based on the investigation has been filed under C.R.C.P. 232.13. (f) Request for Confidential Information. (1) Release With Notice. (A) The Regulation Counsel may, on request, release information that is confidential under subsection (b) above to the following types of agencies: (i) An agency authorized to investigate the qualifications of persons for admission to practice law; (ii) An agency authorized to investigate the qualifications of persons for government employment; (iii) A lawyer or judicial discipline enforcement agency; (iv) An agency authorized to investigate criminal conduct or a consumer protection agency; (v) An agency authorized to investigate allegations of unauthorized practice of law; or (vi) A tribunal with which the respondent has had previous contact. (B) When the Regulation Counsel releases confidential information under this subsection (f)(1), the Regulation Counsel must send to the respondent's last-known address contemporaneous notice and a copy of the information released. (2) Release Without Notice. (A) The Regulation Counsel may release confidential information without notifying the respondent if an agency listed in subsection (f)(1)(A) above requests the information and certifies that: (i) The request is made in furtherance of an ongoing investigation of the respondent; (ii) The information is essential to that investigation; and (iii) Disclosing to the respondent the existence of the investigation would seriously prejudice that investigation. (B) A certification made under subsection (f)(2)(A) above will be deemed confidential. (g) Response to False or Misleading Statement and Defense to Civil Suit. The Regulation Counsel may disclose any information reasonably necessary either to correct false or misleading public statements made during a proceeding under this rule or to defend against litigation in which the Regulation Counsel is a named defendant. (h) Disclosure by Persons and Entities Other Than Entities Defined in This Rule. Unless otherwise ordered, nothing in this rule prohibits the complaining witness, any other witness, or the respondent from disclosing the existence of a proceeding under this rule, from disclosing any documents or correspondence provided to those persons, or from providing testimony related to a proceeding under this rule. (i) Duty of Officials and Employees. All officials, employees, and volunteers within the supreme court, the Advisory Committee, the Regulation Committee, the Office of the Attorney Regulation Counsel, the Office of the Presiding Disciplinary Judge, and courts of record from which a special master has been appointed have an ongoing duty to maintain the confidentiality mandated by this rule. (j) Public List of Those Enjoined or Held in Contempt. The Regulation Counsel must maintain a public list of persons who have been enjoined or held in contempt under this rule. The Regulation Counsel must also make public the reports adopted by the supreme court.