C.R.C.P. 242.24

(a) Overview. Suspension under this section 242.24 is a temporary form of suspension

designed to address noncooperation by a respondent in a disciplinary investigation. A

respondent whose license is suspended under this section may be reinstated when the

respondent rectifies the conduct at issue. Suspension under this section is not a form of

discipline, does not bar disciplinary action based on the respondent’s noncooperation, and

is distinct from any disciplinary suspension that may be imposed based on the same

underlying conduct.

(b) Applicability. Although a respondent’s license to practice law is not ordinarily

suspended during a disciplinary investigation, a respondent’s license may be suspended

during an investigation of alleged serious misconduct if there is reasonable cause to believe

that the respondent has not cooperated, as described in subsection (c)(1)(A) below.

(c) Procedure.

(1) Initiation.

(A) To initiate a proceeding under this section 242.24, the Regulation Counsel must

file a petition for suspension with the supreme court alleging that the respondent:

(i) Has failed to respond to a lawful demand for information relating to a disciplinary

investigation and has not interposed a good-faith objection to responding; or

(ii) Has not produced information or records subpoenaed by the investigator and has

not interposed a good-faith objection to producing the information or records.

(B) The petition must be supported by an affidavit setting forth facts giving rise to

reasonable cause to believe that the alleged serious misconduct under investigation occurred and that the respondent has failed to cooperate as set forth in subsection (c)(1)(A)

above. The affidavit must also describe the investigator’s efforts to obtain the respondent’s

cooperation.

(C) The Regulation Counsel must serve a copy of the petition and affidavit on the

respondent.

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

the supreme court may order the respondent to show cause within 14 days why the petition

should not be granted.

(3) Hearing. If the respondent responds to the show cause order, either party may

request a hearing. The supreme court may refer the matter to the Presiding Disciplinary

Judge for resolution of contested factual matters and a hearing, for which subpoenas may

be issued. A hearing will take place within 14 days of the supreme court’s order of referral.

(4) Report. Within 7 days after any hearing, the Presiding Disciplinary Judge will

submit to the supreme court a report setting forth findings of fact and a recommendation.

The report must make findings as to the allegations and the applicability of any defenses,

including inability to comply or a good-faith objection to response or production.

(5) Decision. After considering the petition, any response to the show cause order, and

any report from the Presiding Disciplinary Judge, the supreme court may suspend the

respondent’s license to practice law until further order of the supreme court or entry of a

final order in the underlying disciplinary proceeding, whichever occurs earlier; deny the

petition; or enter any other appropriate order. An order of suspension under this section

242.24 takes effect immediately, unless otherwise provided.

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

242.32, a respondent whose license is suspended under this section 242.24 must disclose in

writing the suspension order to the respondent’s current law firm as defined in C.R.C.P.

241. The disclosure must be made within 14 days of the supreme court’s order.

(e) Access to Information. Pre-complaint proceedings under this section 242.24 are

confidential if the supreme court has not yet issued a final decision under this section or

does not suspend a respondent’s license. But the files and records of the matter become

public if the supreme court suspends a respondent’s license under this section, if a

complaint is filed based on the allegations underlying the petition filed under this section,

or if C.R.C.P. 242.41 otherwise so provides.

(f) Reinstatement. A respondent whose license was suspended under this section

242.24 may petition the supreme court for reinstatement. The respondent’s petition must

show that the respondent has rectified the conduct alleged in the petition or that the

respondent has otherwise complied with any directions issued by the supreme court. The

respondent must provide a copy of the petition to the Regulation Counsel, who must

respond within 7 days. The supreme court may reinstate the respondent’s license to

practice law, deny the petition, or enter any other appropriate order. Reinstatement under

this subsection (f) does not affect any disciplinary proceeding pending against the respondent or any disciplinary sanction imposed for the respondent’s noncooperation.