CO · rules
C.R.C.P. 209.5
Post-Hearing Procedures
(1) Hearing Board Report. Within twenty-eight days after the conclusion of the
hearing, the hearing board shall prepare and file with the Supreme Court its report,
including findings of fact, conclusions of law and recommendations as to admission. The
hearing board shall serve a copy of its report on 1) the applicant, 2) the Office of Attorney
Admissions, and 3) the Office of Attorney Regulation Counsel.
(2) Written Exceptions. Both the applicant and the Office of Attorney Regulation
Counsel shall have the right to file written exceptions to the report. Except as otherwise
provided by these rules, and to the extent practicable, the written exceptions shall contain
a summary of all factual and legal arguments made by the party filing the written
exceptions. Any written exceptions to the report must be filed with the Supreme Court
within twenty-one days after issuance of the report and simultaneously served on the
opposing party. An advisory copy of the written exceptions shall be served on the Office of
the Presiding Disciplinary Judge or the presiding officer within the time for its filing with
the Supreme Court. Written exceptions may be e-filed in accordance with C.A.R. 30.
(3) No Exceptions Filed. If no written exceptions are timely filed, the case shall stand
submitted upon the hearing board’s report.
(4) Proceedings Before the Supreme Court.
(a) Docketing. The matter shall be docketed by the Clerk of the Supreme Court as:
SUPREME COURT, STA TE OF COLORADO
Case No.
ORIGINAL PROCEEDING IN A TTORNEY ADMISSIONS
IN THE MA TTER OF (the name of the Applicant), APPLICANT
Once docketed, the matter will remain confidential unless written exceptions are filed, in
which case the matter no longer remains confidential and instead becomes a public
proceeding.
(b) Record on Appeal.
(i) Composition of the Record. Unless the parties stipulate to a more limited record,
the record shall consist of all pleadings, documents, and other materials filed or submitted
in the proceedings before the inquiry panel and the hearing board; all written findings,
orders, and judgments entered by the inquiry panel, Presiding Disciplinary Judge or
presiding officer, and hearing board; all evidence presented to the hearing board, including
depositions and exhibits; and a complete transcript of all hearings conducted by the hearing
board.
(ii) Designation of the Record; Costs. Except as otherwise provided in this rule, the
designation of the record on appeal shall be in accordance with C.A.R. 10. Within fourteen
days after filing the written exceptions, the excepting party shall file a designation of
record with the clerk of the Presiding Disciplinary Judge and the clerk of the Supreme
Court. The designation of record shall either: (1) indicate that all the items enumerated in
section (b)(i) are desired; or (2) contain a more limited detailed list, arrived through
stipulation of the parties, describing the specific items to be included in the record. The
excepting party shall serve a copy of the designation of record on the opposing party and
on the court reporter who reported the proceedings before the hearing board. Service on
any court reporter of the excepting party’s designation of record shall constitute a request
for transcription of the specified proceedings. Each such court reporter shall provide the
written notifications required by C.A.R. 10(b), and the designating party shall pay for the
requested transcript(s) in accordance with that rule.
(iii) Certification of the Record. The records and files of the hearing board shall be
certified by the clerk of the Presiding Disciplinary Judge.
(iv) Transmission of the Record. Except as otherwise provided in this rule, the
transmission of the record on appeal shall be in accordance with C.A.R. 11. The record on
appeal, including the transcript and exhibits necessary for the determination of the appeal,
shall be transmitted to the clerk of the Supreme Court within sixty-three days (nine weeks)
after the filing of the written exceptions, unless the time is shortened or extended by an
order entered under C.A.R. 11(d). The excepting party shall take any actions necessary to
enable the clerk of the Presiding Disciplinary Judge to assemble and transmit the record.
The clerk of the Presiding Disciplinary Judge shall assemble and transmit the record in
accordance with C.A.R. 10(a)(4) and (5), and C.A.R. 11(b).
(c) Briefs. Except as otherwise provided in this rule, the form, filing, and service of
briefs shall be in accordance with C.A.R. 28, 31, and 32.
(i) Titles, Content, Form, and Length of Briefs. No Requests for Attorney Fees
Allowed. The brief of the excepting party shall be entitled ‘‘opening brief,’’ the brief of the
opposing party shall be entitled ‘‘answer brief,’’ and the brief of the excepting party’s reply
brief, if any, shall be entitled ‘‘reply brief.’’ The content, form, and length of the briefs shall
comply with C.A.R. 28 and 32, except that neither party may seek an award of attorney
fees.
(ii) Time for Serving and Filing Briefs. The excepting party shall serve and file the
opening brief within twenty-eight days after the date on which the record is filed. The
objecting party shall serve and file the answer brief within twenty-eight days after service
of the opening brief. The excepting party may serve and file a reply brief within fourteen
days after service of the answer brief.
(d) Review. The Supreme Court, after reviewing the report of the hearing board, any
exceptions filed thereto, the record, and the parties’ briefs, may adopt, modify, or reject the
report in whole or in part, or may receive further evidence prior to its decision to admit or
decline to admit the applicant. The Supreme Court reserves the authority to review any
determination made in the course of an admission proceeding and to enter any order with
respect thereto, including an order that the Character and Fitness Committee, inquiry panel,
and/or hearing board conduct further proceedings.
History
Source: Entire rule added and effective September 1, 2014; (4)(a) amended and adopted April 15, 2021, effective July 1, 2021.
Provenance
- Source
- content.leg.colorado.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
dc4ae3c50d280e76d684c49cd813c163e1ef1ba8ff1863d9c70ab32fe771b660
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.