C.R.C.P. 242.23

(a) Overview. Suspension under this section 242.23 is a temporary form of suspension

designed to address certain types of lawyer noncompliance in child support and paternity

proceedings. Suspension under this section is not a form of discipline and does not bar

disciplinary action based on the same underlying conduct. A lawyer whose license has been

suspended under this section may be reinstated when the lawyer demonstrates compliance

in such proceedings. Suspension under this section terminates on reinstatement under this

section or on resolution of a disciplinary proceeding based on the same underlying

misconduct.

(b) Applicability. This section 242.23 applies to a lawyer who:

(1) Is not in compliance with any child support order, including any administrative or

court order requiring the payment of child support, child support arrears, child support

debt, retroactive support, or medical support, whether or not such order is combined with

an order for maintenance; or

(2) Is not in compliance with a subpoena or warrant relating to a paternity or child

support proceeding.

(c) Procedure.

(1) Initiation. To initiate a proceeding under this section 242.23, the Regulation

Counsel must file a petition for suspension with the Presiding Disciplinary Judge. The

petition must be supported by an affidavit setting forth facts giving rise to reasonable cause

to believe that one or more of the circumstances set forth in subsection (b) above exists.

The Regulation Counsel must serve a copy of the petition and affidavit on the lawyer.

(2) Order to Show Cause. On receiving a properly supported petition for suspension,

the Presiding Disciplinary Judge will order the lawyer to show cause within 21 days why

the petition should not be granted.

(3) Subpoenas. During a proceeding under this section 242.23, either party may

request that the clerk of the Presiding Disciplinary Judge issue subpoenas under C.R.C.P.

45. Challenges to subpoenas must be directed to the Presiding Disciplinary Judge.

(4) Hearing. The Presiding Disciplinary Judge will hold a hearing if requested by

either party or if the Presiding Disciplinary Judge deems one necessary. A hearing will take

place within 14 days of the lawyer’s response to the show cause order.

(5) Decision.

(A) Issuance. Within 7 days after any hearing, or as soon as practicable if no hearing

is held, the Presiding Disciplinary Judge will issue an order setting forth findings of fact

and a decision. The Presiding Disciplinary Judge will suspend the lawyer’s license if the

Regulation Counsel proves the allegations of the petition by a preponderance of the

evidence, unless the lawyer establishes one of the defenses listed in subsection (B) below

by a preponderance of the evidence. An order of suspension under this section 242.23 takes

effect immediately, unless otherwise provided.

(B) Defenses.

(i) The following are valid defenses:

(a) The lawyer has paid the past-due obligation;

(b) The lawyer has negotiated a payment plan approved by the court or the state child

support enforcement agency or other agency with jurisdiction over the child support order;

(c) A bona fide disagreement is currently before a trial court or an agency concerning

the amount of the child support debt, arrearage balance, retroactive support due, or amount

of the past-due child support when combined with maintenance;

(d) The lawyer has complied with the subpoena or warrant;

(e) The lawyer was not served with the subpoena or warrant; or

(f) The subpoena or warrant had a technical defect.

(ii) The inappropriateness of an underlying child support order and the lawyer’s

inability to comply with such an order are not valid defenses.

(d) Disclosure to Law Firm. In addition to a lawyer’s duties under C.R.C.P. 242.32, a

lawyer whose license is suspended under this section 242.23 must disclose in writing the

suspension order to the lawyer’s current law firm as defined in C.R.C.P. 241. The

disclosure must be made within 14 days of the order.

(e) Access to Information. Proceedings under this section 242.23 are confidential if the

Presiding Disciplinary Judge has not yet issued a final decision under this section or does

not suspend a lawyer’s license. But the files and records of the matter become public if the

Presiding Disciplinary Judge suspends a lawyer’s license under this section, if a complaint

is filed based on the same underlying allegations, or if C.R.C.P. 242.41 otherwise so

provides.

(f) Reinstatement.

(1) Petition. A lawyer whose license has been suspended under this section 242.23 is

eligible for reinstatement if, as applicable, the lawyer pays the past-due obligations; enters

into a payment plan approved by the court, the state child support enforcement agency, or

other agency with jurisdiction over the child support order; complies with the warrant or

subpoena; or is no longer subject to subsection (b) above as a result of an appellate

decision in the lawyer’s favor. To seek reinstatement, the lawyer must file with the

Presiding Disciplinary Judge a verified petition containing evidence of compliance.

(2) Procedure. After receiving a petition for reinstatement, the Regulation Counsel has

21 days to conduct an investigation, unless the Presiding Disciplinary Judge grants the

Regulation Counsel additional time. The lawyer must cooperate in the investigation. At the

end of the investigation period, the Regulation Counsel must file an answer. The Presiding

Disciplinary Judge will hold a hearing if requested by either party or if the Presiding

Disciplinary Judge deems one necessary. The lawyer bears the burden of establishing the

right to be reinstated by a preponderance of the evidence. The Presiding Disciplinary Judge

may order reinstatement or deny reinstatement. Reinstatement under this subsection (f)

does not affect any disciplinary proceeding pending against the respondent or any disciplinary sanction imposed for the respondent’s conduct.

(g) Appeal. A decision of the Presiding Disciplinary Judge under subsection (c)(5) or

subsection (f)(2) above is final, and an appeal may be initiated under C.R.C.P. 242.34.