Rule text
(a) Conclusion of Investigation. At the end of a formal investigation, the Regulation Counsel, using discretion, will take one of the following actions: (1) Request that the Regulation Committee authorize the Regulation Counsel to file a complaint; (2) Request that the Regulation Committee impose private admonition; (3) Request that the Regulation Committee direct the matter to a diversion program; (4) Request that the Regulation Committee place the matter in abeyance; or (5) Dismiss the matter. (b) Regulation Committee Review of Dismissal by Regulation Counsel. If the Regulation Counsel dismisses a matter at the end of a formal investigation, the Regulation Counsel must promptly notify the complaining witness and the respondent. If the complaining witness submits a request to the Regulation Counsel within 35 days of the notice, the Regulation Committee must review the Regulation Counsel's decision. If the Regulation Committee finds in such a review that the Regulation Counsel's decision to dismiss the matter was not an abuse of discretion, the Regulation Committee must sustain the dismissal and provide the complaining witness with a written explanation of its decision. If the Regulation Committee finds that the Regulation Counsel's decision was an abuse of discretion, the Regulation Committee must take action in accordance with C.R.C.P. 242.16(a)-(b). (c) Direct Filing of Complaint. If the Regulation Counsel receives notice that a lawyer has been publicly disciplined in another jurisdiction or that a lawyer has been convicted of a serious crime, the Regulation Counsel may directly file a complaint against the lawyer as provided in C.R.C.P. 242.21 and C.R.C.P. 242.25(c), as applicable. Such proceedings are not governed by C.R.C.P. 242.13, C.R.C.P. 242.14, or subsection (a) above.
Notes
Source: Entire rule 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.