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CO · rules

C.R.C.P. 209.5

Post-Hearing Procedures

activein force · 2021-07-01 – presentact-effective-date

(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
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