EZRCP · Colorado · Chapter 1 - Scope of Rules, One Form of Action, Commencement of Action, Service of Process, Pleadings, Motions and Orders · C.R.C.P. 242.11

C.R.C.P. 242.11. — Duties to Report Misconduct and Convictions

Colorado · Chapter 1 - Scope of Rules, One Form of Action, Commencement of Action, Service of Process, Pleadings, Motions and Orders

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Rule text

(a) Judges' Reporting Duties. Judges' duties to report professional misconduct by a lawyer are governed by Rule 2.15 of the Colorado Code of Judicial Conduct. The clerk of any Colorado court in which a conviction was entered against a lawyer should transmit a certificate thereof to the Regulation Counsel within 14 days after the date of the conviction. (b) Lawyers' Reporting Duties. Lawyers' duties to report professional misconduct by another lawyer or a judge are governed by Colo. RPC 8.3. (c) Duty to Self-Report Charges and Convictions. (1) Self-Reporting. A lawyer who is charged with a serious crime must notify the Regulation Counsel of the charges in writing within 14 days thereof. A lawyer who is convicted of a crime must notify the Regulation Counsel in writing of the conviction in writing within 14 days thereof. (2) Traffic Offenses. The requirement to report convictions in subsection (c)(1) above does not apply to misdemeanor traffic offenses that do not involve the use of alcohol or drugs, or to traffic ordinance violations that do not involve the use of alcohol or drugs. (d) Duty to Self-Report Discipline or Resignation in Another Jurisdiction. A lawyer subject to this rule who has been publicly disciplined in another jurisdiction, or who has resigned or otherwise voluntarily surrendered the lawyer's license to practice law in connection with a disciplinary proceeding in another jurisdiction, must notify the Regulation Counsel in writing of such action within 14 days of the order imposing public discipline or the resignation or surrender of license.

Notes

Source: Entire rule and comment added and adopted May 20, 2021, effective for cases filed with the Presiding Disciplinary Judge or the Supreme Court on or after July 1, 2021, and, as to all other matters covered by these rules, effective July 1, 2021.

COMMENT

All judges who are lawyers, even those not subject to the Code of Judicial Conduct, have duties to report convictions under this rule, in addition to any duty set forth in the Colorado Rules of Judicial Discipline. See also CJC 1.1

with respect to judges. C.R.C.P. 242.11(d) is not intended to require reporting of reciprocal discipline by a lawyer who was reciprocally disciplined in another jurisdiction based on discipline originating in Colorado.