CO · rules

C.R.C.P. 243.10

Reinstatement After Transfer to Disability Inactive Status

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

(a) Overview and Eligibility. The Presiding Disciplinary Judge considers petitions for

reinstatement from disability inactive status under the standards set forth in subsection (b)

below. If the lawyer has remained on disability inactive status for five years or longer, the

lawyer must have satisfied the supreme court’s bar examination and MPRE requirements

within the eighteen months preceding the filing of the petition. But if a lawyer petitions for

reinstatement within five years of the effective date of the lawyer’s transfer to disability

inactive status, the five-year period addressed in this subsection stops running until a final

order is issued and any appeals have been decided.

(b) Procedure and Standards.

(1) Disability Cases Arising in Colorado.

(A) Standards. Unless a lawyer was transferred to disability inactive status based on

reciprocal disability, a lawyer may be reinstated if the lawyer demonstrates by clear and

convincing evidence that the lawyer is competent to resume the practice of law and meets

the following eligibility requirements, as may be applicable to the facts of the matter, for

the practice of law:

(i) Honesty and candor with clients, lawyers, courts, regulatory authorities, and others;

(ii) The ability to reason logically, recall complex factual information, and accurately

analyze legal problems;

(iii) The ability to use a high degree of organization and clarity in communicating with

clients, lawyers, judicial officers, and others;

(iv) The ability to use good judgment on behalf of clients and in conducting professional business;

(v) The ability to act with respect for and in accordance with the law;

(vi) The ability to exhibit regard for the rights and welfare of others;

(vii) The ability to comply with the Colorado Rules of Professional Conduct; state,

local, and federal laws; regulations, statutes, and rules; and orders of a tribunal;

(viii) The ability to act diligently and reliably in fulfilling obligations to clients,

lawyers, courts, and others;

(ix) The ability to be honest and use good judgment in personal financial dealings and

on behalf of clients and others; and

(x) The ability to comply with deadlines and time constraints.

(B) Petition by Lawyer.

(i) A lawyer seeking reinstatement from disability inactive status must file a properly

verified petition with the Presiding Disciplinary Judge and provide a copy to the Regulation Counsel. Within 14 days of receiving the petition, the Regulation Counsel must file a

response indicating whether the Regulation Counsel objects to reinstatement, intends to

stipulate to reinstatement, or believes further investigation is needed.

(ii) After receiving a petition and response, the Presiding Disciplinary Judge may order

the lawyer to undergo an independent medical examination by a qualified examiner

designated by the Presiding Disciplinary Judge.

(iii) The Presiding Disciplinary Judge has discretion to order reinstatement proceedings procedurally analogous to those set forth in C.R.C.P. 242.39. But the Presiding

Disciplinary Judge considers reinstatement petitions from disability inactive status without

a Hearing Board.

(iv) After considering the relevant information and holding any hearing, the Presiding

Disciplinary Judge may grant or deny reinstatement.

parties may file a stipulated agreement that the lawyer should be reinstated from disability

inactive status. After considering the relevant information and holding any hearing, the

Presiding Disciplinary Judge may approve or reject the stipulation.

(2) Reciprocal Disability.

(A) Summary Reinstatement Premised on Reinstatement in Originating Jurisdiction. If

a lawyer was transferred to disability inactive status under C.R.C.P. 243.6(a)(2) and has

since been reinstated to practice law in the jurisdiction in which the reciprocal disability

proceeding originated, the lawyer may file a petition seeking reinstatement, accompanied

by a certified copy of the order reinstating the lawyer in the originating jurisdiction.

Provided that the lawyer has not remained on disability inactive status under this rule for

more than five years, the Presiding Disciplinary Judge may summarily reinstate the lawyer.

(B) No Reinstatement in Originating Jurisdiction. If a lawyer’s petition demonstrates

that good cause exists for not seeking reinstatement in the originating jurisdiction, the

Presiding Disciplinary Judge may allow a lawyer subject to reciprocal disability to seek

reinstatement in Colorado under subsection (b)(1) above without having been reinstated in

the originating jurisdiction. A lawyer seeking reinstatement under this provision must

attach to the petition for reinstatement a complete record of the disability proceeding in the

originating jurisdiction and must certify in the petition that the lawyer was not subject in

the originating jurisdiction to any disciplinary proceedings, including a disciplinary investigation, at the time the lawyer was transferred to disability inactive status.

by the Presiding Disciplinary Judge, sitting without a Hearing Board, except as provided in

subsection (d) below. The clerk of the Presiding Disciplinary Judge may issue subpoenas

under C.R.C.P. 45. Except as otherwise provided in this rule, reinstatement proceedings

must be conducted in accordance with the Colorado Rules of Civil Procedure and civil trial

practice in this state. The Presiding Disciplinary Judge may receive any evidence with

probative value regardless of its admissibility under the rules of evidence if the lawyer has

a fair opportunity to rebut hearsay evidence.

(d) Consolidated Disability and Disciplinary Reinstatement Proceedings. If a lawyer

concurrently petitions for reinstatement from disability inactive status and reinstatement or

readmission in a disciplinary case, the Presiding Disciplinary Judge may, if the lawyer

consents, consolidate the proceedings. If so, a Hearing Board will consider both petitions

together under C.R.C.P. 242.39, and the consolidated proceedings will be public.

(e) Costs. Unless the Presiding Disciplinary Judge orders otherwise, a lawyer may not

file a petition for reinstatement under this section 243.10 until the lawyer has paid the costs

incurred in the underlying disability proceeding, including the cost of any examinations

ordered.

(f) Waiver of Privilege. For purposes of this rule, when a lawyer petitions for reinstatement from disability inactive status, the lawyer thereby waives the physician-patient

and psychologist-client privileges under C.R.S. section 13-90-107(d) and (g) between the

lawyer and any professional who has examined or treated the lawyer in connection with the

disability. The Presiding Disciplinary Judge may order the lawyer to identify professionals

who have examined or treated the lawyer in connection with the disability. The Presiding

Disciplinary Judge may also order the lawyer to provide written consent for those

professionals to disclose information and records pertaining to the lawyer’s examination or

treatment.

(g) Confidentiality. An order reinstating a lawyer from disability inactive status is

available to the public. Otherwise, disability reinstatement proceedings, files, and records

are confidential and are not available to the public, except by order of the supreme court or

the Presiding Disciplinary Judge. All entities described in this rule and all individuals

working or volunteering on behalf of those entities have an ongoing duty to maintain the

confidentiality mandated by this rule. But the Regulation Counsel may disclose any

information reasonably necessary either to correct false or misleading public statements

made during a disability reinstatement proceeding or to defend against litigation in which

the Regulation Counsel is a named defendant. A lawyer may release information arising

from the lawyer’s own disability reinstatement proceeding or authorize the Regulation

Counsel to release such information, unless the information is made confidential by rule or

order.

History

Source: Entire rule added and adopted May 20, 2021, effective for cases filed with the Presiding Disciplinary Judge or the Supreme Court on or after July 1, 2021, and, as to all other matters covered by these rules, effective July 1, 2021. ANNOTATION Annotator’s note. The following annotations include cases decided under former provisions similar to this rule. Attorney on disability inactive status must demonstrate by clear and convincing evi- dence that her alcohol-related disability has been removed and that she is once again com- petent to practice law before she may be rein- stated. People v. Coulter, 950 P.2d 176 (Colo. 1998); Kline v. People, 367 P.3d 116 (Colo. O.P .D.J. 2016).

Provenance

Source: content.leg.colorado.gov
Retrieved: 2026-09-15
Edition: 2026-09-15
Content hash: a41e702c5d21c4dfe37813fbaccfeda844e05cf81bb3bd187050573dae9a520e

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