C.R.C.P. 242.13

(a) Requesting an Investigation. Requests for investigation, which cannot be made

anonymously, may be made:

(1) By any person and directed to the Regulation Counsel;

(2) By a judge of any court of record and directed to the Regulation Counsel;

(3) By the Regulation Committee on its own motion and directed to the Regulation

Counsel; or

(4) By the Regulation Counsel with the concurrence of the Chair or Vice-Chair of the

Regulation Committee.

(b) Preliminary Investigation.

(1) On receiving a request for investigation under subsection (a) above, the Regulation

Counsel must conduct a preliminary investigation to decide:

(A) Whether the lawyer is subject to C.R.C.P. 242.1(a) and whether an allegation has

been made that, if proved, would constitute grounds for discipline; and if so,

(B) Whether to formally investigate the matter under C.R.C.P. 242.14 or to address the

matter by means of a diversion program under C.R.C.P. 242.17.

(2) If requested to do so, the lawyer must submit to the Regulation Counsel a written

response to the allegations within 21 days. The Regulation Counsel may require the lawyer

to provide a copy of the written response to the complaining witness, except when a

protective order entered under C.R.C.P. 242.41(e) restricts the disclosure of information or

when the Regulation Counsel otherwise determines that certain information should not be

disclosed to the complaining witness.

(3) The Regulation Counsel’s decision under subsection (b)(1) above is an exercise of

discretion that may take into account numerous factors, including the availability of

admissible and credible evidence to support the allegation, the presumptive form of

discipline provided by the American Bar Association Standards for Imposing Lawyer

Sanctions if the allegation is proven, and the likelihood that additional education of the

lawyer will address any concerns of future misconduct. The Regulation Counsel’s decision

under subsection (b)(1) above is final. The Regulation Counsel will inform the complaining witness of the decision. The complaining witness is not entitled to review or appeal of

that decision.