C.R.C.P. 242.18

(a) Overview. Probation is a form of discipline that allows a respondent who has been

found to have committed misconduct to continue practicing law subject to supervision

when the respondent would benefit from conditions designed to improve the respondent’s

skills or ethical infrastructure or to manage a behavioral health issue, including a mental

health or substance use issue. An order of probation must specify the conditions of

probation. Probation must be imposed for a specified period of time in conjunction with a

suspension, which may be stayed in whole or in part. A period of probation must not

exceed three years, unless the Presiding Disciplinary Judge grants an extension on motion

by either party.

(b) Eligibility. Probation may be imposed only when a respondent:

(1) Is unlikely to harm the public during the period of probation and can be adequately

supervised;

(2) Is able to practice law without undermining public confidence in the legal system;

and

(3) Has not committed misconduct for which the presumptive form of discipline is

disbarment.

(c) Conditions. Conditions must take into consideration the nature and circumstances

of the respondent’s misconduct and the respondent’s history and health status. A mandatory condition of probation is that the respondent must not commit further violations of the

Colorado Rules of Professional Conduct during the period of probation. Other conditions

may include one or more of the following:

(1) Periodic reporting to the Regulation Counsel;

(2) Monitoring of the respondent’s law practice or accounting procedures;

(3) Establishing a relationship with a lawyer-mentor;

(4) Satisfactory completion of a course of study;

(5) Achieving a passing score on the multistate professional responsibility examination;

(6) Payment of restitution;

(7) Evaluation or treatment of medical or behavioral health issues, including mental

health or substance use issues;

(8) Evaluation or treatment in a program for disorders related to sexual misconduct;

(9) Evaluation or treatment in a program for addressing matters relating to family

violence, including domestic partner, elder, and child abuse;

(10) Compliance with civil or criminal court orders;

(11) Abstinence from or limitations on the use of alcohol or drugs; and

(12) Payment of expenses associated with probationary conditions.

(d) Monitoring. The Regulation Counsel must monitor the respondent’s compliance

with the conditions of probation.

(e) Termination. Probation does not terminate until the Presiding Disciplinary Judge

enters an order of termination. To seek timely termination of probation, a respondent must

file with the Presiding Disciplinary Judge, no earlier than 28 days before the date probation

is scheduled to terminate, an affidavit attesting to whether the respondent has complied

with each term of probation. Within 14 days of that filing, unless otherwise ordered, the

Regulation Counsel must file either a notice that the Regulation Counsel does not object to

the termination of probation or a motion to revoke probation. On receiving notice that the

Regulation Counsel does not object to termination of probation, the Presiding Disciplinary

Judge will enter an order terminating probation. An order of termination takes effect no

earlier than the date probation is scheduled to terminate.

(f) Violations.

(1) Initiation of Revocation Proceeding. If, while a respondent is on probation, the

Regulation Counsel receives information that the respondent may have violated a condition

of probation, the Regulation Counsel may move that the Presiding Disciplinary Judge

order the respondent to show cause why the stay on the respondent[92]s suspension

should not be lifted.

(2) Continued Compliance. During a revocation proceeding, the respondent must

continue to comply with the probationary conditions unless otherwise ordered.

(3) Hearing. The Presiding Disciplinary Judge may hold a revocation hearing on

motion of either party or on the Presiding Disciplinary Judge’s own initiative. The clerk of

the Presiding Disciplinary Judge may issue subpoenas under C.R.C.P. 45. At the hearing,

the Regulation Counsel has the burden of establishing by a preponderance of the evidence

that the respondent violated a condition of probation and to justify the relief requested. The

Presiding Disciplinary Judge may receive any evidence with probative value regardless of

its admissibility under the rules of evidence if the respondent has a fair opportunity to rebut

hearsay evidence. When the alleged violation is the respondent[92]s failure to pay

restitution or costs, evidence of the failure to pay constitutes prima facie evidence of a

violation.

(4) Order. After a hearing or after briefing if no hearing is held, the Presiding

Disciplinary Judge will enter an order revoking probation, modifying the conditions or

length of probation, or directing that probation remain in effect.

(5) Costs. If probation is revoked or modified, the Presiding Disciplinary Judge may

assess against the respondent all or any part of the reasonable costs of the revocation

proceeding.

(g) Independent Charges. The filing or the granting of a motion under subsection (f)

above does not preclude the Regulation Counsel from filing independent disciplinary

charges based on the same underlying conduct.