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TCL > January 1999 Issue > Court Business

January 1999       Vol. 28, No. 1       Page  111
From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee
Colorado Rules of Civil Procedure
Chapter 19. Unauthorized Practice of Law Rules
Amended and Adopted

Rule 229. Appointment and Organization of Unauthorized Practice of Law Committee

(a) [No Change]

(b) The Supreme Court shall designate a member of the Committee as Chairman.

(c) The Committee may adopt rules providing for the time and place of its meetings, the selection of a Vice-Chairman and other officers, and such other rules not in conflict with the rules of the Supreme Court as may be deemed necessary or expedient for the conduct of the Committee’s business. The Clerk of the Supreme Court shall have copies of the rules for interested persons.

(d) [No Change]


Rule 230. Committee Jurisdiction

(a) The Committee shall have jurisdiction over and inquire into and consider complaints or reports made by any person, including Committee REGULATION Counsel, or other entities alleging the unauthorized practice of law. Moreover, the Committee, on its own motion, may inquire into any matter pertaining to the unauthorized practice of law.

(b) [No Change]


Rule 231. Committee REGULATION Counsel;
Duties and Powers

Committee REGULATION Counsel, appointed by the Supreme Court pursuant to Rule 241.3 251.3, shall have the following duties and powers, in addition to those set forth in said Rule 241.3 251.3:

(a) – (d) [No Change]

(e) To perform such other duties as the Chairman or the Supreme Court may require.


Rule 232. Investigations; General, Subpoenas

(a) All matters within the jurisdiction of the Committee shall be referred to the Committee REGULATION Counsel who shall either conduct an investigation or, with the concurrence of the Chairman, refer the matter to a member of the Committee pursuant to this rule or to an enlisted member of the bar pursuant to Rule 229(d) for investigation. Upon completion of such investigation, the person who investigated the matter shall submit a written report of the investigation, findings, and recommendations to the Committee.

(b) [No Change]

(c) In connection with an investigation of the unauthorized practice of law, the Chairman of the Committee or the Committee REGULATION Counsel may issue subpoenas to compel the attendance of respondents and other witnesses and the production of pertinent books, papers document, or other evidence. All such subpoenas shall be subject to provisions of C.R.C.P. 45.

(d) [No Change]


Rule 233. Investigation; Procedure

(a) When a matter comes to the attention of the Committee by way of a complaint, the complainant shall be required, unless excused by the Committee REGULATION Counsel, to state the complaint in writing and subscribe the same.

(b) Promptly after receipt of a written request for investigation or complaint, the Committee REGULATION Counsel shall determine whether to proceed with an investigation. In making a determination whether to proceed, the Committee REGULATION Counsel may make such inquiry regarding the underlying facts as the Committee REGULATION Counsel deems appropriate.

(c) If the Committee REGULATION Counsel determines to proceed with an investigation or refers the matter to a member of the Committee or to an enlistee for investigation pursuant to Rule 232(a), the respondent shall be notified that the investigation is being conducted, shall be provided with a copy of the complaint and of the rules governing the investigation, and shall be asked to file with the Committee REGULATION Counsel or the person conducting the investigation a written answer to the complaint within 20 days after notice of the investigation is given.

(d)-(f) [No Change]

(g) When a matter comes to the attention of the Committee by way of a request for investigation or a complaint, which is later dismissed, the complainant may pursue the matter further by filing a petition, as provided in either Rule 234 or Rule 238, inthe complainant’s own name. If such a petition is filed, the Committee REGULATION Counsel shall not be required to prepare the petition or prosecute the matter. If the complainant files a petition in the complainant’s own name pursuant to this provision, the complainant shall post with the Committee a $500 deposit against which the costs of the proceedings may be assessed if at the conclusion of the proceedings it is determined that there was no reasonable cause to believe that the unauthorized practice of law occurred.


Rule 234. Civil Injunction Proceedings; General

(a) If the Committee determines that civil injunction proceedings shall be instituted against a respondent, such proceedings may be commenced in the name of the People of the State of Colorado by a petition filed in the Supreme Court by the Committee REGULATION Counsel or by a member of the Bar appointed by the Supreme Court for the purpose of conducting such proceedings.

(b)-(f) [No Change]


Rule 235. Civil Injunction Proceedings; Hearing Master, Powers, Procedure

(a) [No Change]

(b) The People of the State of Colorado may be represented in proceedings before the hearing master by the Committee REGULATION Counsel, or by a member of the Bar appointed pursuant to Rule 234. Upon receipt of the order of reference, the hearing master shall set a date, time, and place for a first meeting of the parties which shall be within 30 days after the date notice thereof is given and notify the parties accordingly. At such meeting, a date, time, and place for hearing shall be set, and any matters which may expedite the proceedings shall be considered. A complete record of this meeting shall be made unless jointly waived by the parties. After the first meeting, the hearing master shall issue a notice of hearing to the parties. The notice shall be in writing and shall designate the date, time, and place of the hearing. The notice shall also advise the respondent that the respondent is entitled to be represented by counsel at the hearing, to cross-examine witnesses, and to present evidence in the respondent’s own behalf. The giving of notice shall be sufficient when made by certified mail sent to the respondent at the respondent’s last known address.

(c)-(d) [No Change]


Rule 236. Civil Injunction Proceedings; Report of Hearing Master; Objections

(a)-(d) [No Change]

(e)1 An objecting party shall have 30 days after the filing with the Supreme Court of the transcript and other additions to the record within which to file an opening brief. The opposing party shall have 30 days after the filing of the objecting party’s opening brief within which to file an answer brief. The objecting party shall have 10 days after the filing of the answer brief within which to file a reply brief.

(f) [No Change]

Rule 238. Contempt Proceedings; General

(a) If the Committee determines that contempt proceedings shall be instituted against a respondent, such proceedings shall be commenced in the name of the People of the State of Colorado by a petition filed in the Supreme Court by the Committee REGULATION Counsel or by a member of the Bar appointed by the Supreme Court for the purpose of conducting such proceedings.

(b)-(f) [No Change]

(g) At all hearings before the hearing master, witnesses shall be sworn and a complete record made of all proceedings had and testimony taken. The citation shall be prosecuted by the Committee REGULATION Counsel of the State of Colorado or by such duly licensed and registered members of the Bar as may be designated by this Court.

(h)-(i) [No Change]

 

 

Rule 240. General Provisions; Qualifications of
Hearing Master; Access to Information
Concerning Proceedings Under these Rules

(a)-(b) [No Change]

(c) Except as otherwise provided by these rules or by order of the Supreme Court, all proceedings conducted pursuant to these rules shall be confidential, and the files and records of the Committee shall be confidential and shall not be made public.

Except as otherwise provided by these rules, any person who wishes to disclose or to make public the pendency, subject matter, or status of proceedings which are otherwise confidential or to disclose or to make public the files and records of the Committee which are otherwise confidential or to gain access to the files and records of the Committee which are otherwise confidential shall file a petition with the Supreme Court setting forth the specific reasons why the existence of the particular proceedings should not remain confidential or the specific reasons why the disclosure of particular files and records or access to them should be permitted.

Upon final determination of any proceedings conducted pursuant to these rules, notice of the disposition of the matter shall be given by Committee REGULATION Counsel or the Clerk of the Supreme Court to the respondent, the complainant, and their counsel of record. Any person having received notice that a written agreement has been entered pursuant to Rule 233(d) shall treat such information as confidential and shall not disclose such information to anyone, except by order of the Supreme Court. Any person who makes a disclosure other than as permitted by these rules or by order of the Supreme Court may be subject to punishment for contempt of the Supreme Court.

(d) Exceptions to Confidentiality. The pendency, subject matter, and status of the proceedings conducted pursuant to these rules may be disclosed by the Committee or Committee REGULATION Counsel to:

(1) An entity authorized to investigate the qualifications of persons for admission to practice law;

(2) An entity authorized to investigate the qualifications of judicial candidates;

(3) A lawyer discipline enforcement agency;

(4) Any person or agency requesting such information, provided that the respondent has waived confidentiality and the request is within the scope of the waiver;

(5) An enlistee who, pursuant to Rule 229(d), was enlisted to assist the Committee;

(6) An agency authorized to investigate violations of the criminal laws or the consumer protection laws of this state or any other state, or of the United States; or

(7) Any person or agency, provided the proceeding is predicated either upon allegations that have become generally known to the public through printed or broadcast news accounts or upon acts of the respondent which are public or generally known.

Access to the files and records of the Committee may be granted by the Committee or the Committee REGULATION Counsel, provided a request for disclosure or access is made in writing by:

(1) An entity authorized to investigate the qualifications of persons for admission to practice law;

(2) An entity authorized to investigate the qualifications of persons for government employment;

(3) An agency authorized to investigate allegations of unauthorized practice of law;

(4) An entity authorized to investigate the qualifications of judicial candidates;

(5) A lawyer discipline enforcement agency; or

(6) An agency authorized to investigate violations of the criminal laws or the consumer protection laws of this state or any other state, or of the United States.

If the Committee REGULATION Counsel discloses confidential information to a judicial nominating commission of the State of Colorado or grants a judicial nominating commission access thereto, the Committee REGULATION Counsel shall give written notice to the respondent that specified confidential information has been so disclosed or that access has been granted.

(e) Upon completion of proceedings conducted pursuant to these rules, the Committee Counsel shall notify the respondent and the complainant by certified mail that a copy of the report submitted to the Committee together with the record of the disposition of the proceedings shall become public. When notice is given as provided herein, the Committee Counsel shall also notify the parties that all proper names shall be removed from the report before it might become public. The respondent and the complainant shall then have 30 days from the date of the notice to file written objections with the Committee Counsel. In the event written objections are filed by either the respondent or the complainant within the time provided, the report and the record of the disposition shall not be made accessible or public, except as otherwise provided by these rules.

 

Rule 240.1. Immunity

Persons performing official duties under the provisions of this chapter, including but not limited to members of the Committee and its staff; the Committee REGULATION Counsel and the Committee REGULATION Counsel’s staff; the members of the Bar and enlistees working under the direction of the Committee; and the hearing masters, shall be immune from suit for all conduct in the course and scope of their official duties.

NOTES

1. The (e) is missing from the version published by Bradford; this is where it is supposed to be.

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