Colo. R. Civ. P. 240

As amended through Rule Change 2021(22), effective October 14, 2021
Rule 240 - General Provisions; Qualifications of Hearing Master; Access to Information Concerning Proceedings Under these Rules
(a) A hearing master to whom matters are referred pursuant to these rules shall be a person who is duly licensed to practice law in Colorado.
(b) All civil injunction proceedings and contempt proceedings filed in the Supreme Court pursuant to Rules 234 and 238, including proceedings before a hearing master, shall be public proceedings.
(c) Except as otherwise provided by these rules or by order of the Supreme Court, all proceedings conducted pursuant to these rules shall be confidential, and the files and records of the Committee shall be confidential and shall not be made public.

Except as otherwise provided by these rules, any person who wishes to disclose or to make public the pendency, subject matter, or status of proceedings which are otherwise confidential or to disclose or to make public the files and records of the Committee which are otherwise confidential or to gain access to the files and records of the Committee which are otherwise confidential shall file a petition with the Supreme Court setting forth the specific reasons why the existence of the particular proceedings should not remain confidential or the specific reasons why the disclosure of particular files and records or access to them should be permitted.

Upon final determination of any proceedings conducted pursuant to these rules, notice of the disposition of the matter shall be given by Regulation Counsel or the Clerk of the Supreme Court to the respondent, the complainant, and their counsel of record. Any person having received notice that a written agreement has been entered pursuant to C.R.C.P. 232.5(d)(3) shall treat such information as confidential and shall not disclose such information to anyone, except by order of the Supreme Court. Any person who makes a disclosure other than as permitted by these rules or by order of the Supreme Court may be subject to punishment for contempt of the Supreme Court.

(d) Exceptions to Confidentiality. The pendency, subject matter, and status of the proceedings conducted pursuant to these rules may be disclosed by the Committee or Regulation Counsel to:
(1) An entity authorized to investigate the qualifications of persons for admission to practice law;
(2) An entity authorized to investigate the qualifications of judicial candidates;
(3) A lawyer discipline enforcement agency;
(4) Any person or agency requesting such information, provided that the respondent has waived confidentiality and the request is within the scope of the waiver;
(5) An enlistee who, pursuant to Rule 229(d), was enlisted to assist the Committee;
(6) An agency authorized to investigate violations of the criminal laws or the consumer protection laws of this state or any other state, or of the United States; or
(7) Any person or agency, provided the proceeding is predicated either upon allegations that have become generally known to the public through printed or broadcast news accounts or upon acts of the respondent which are public or generally known.
(d.5)

Access to the files and records of the Committee may be granted by the Committee or the Regulation Counsel, provided a request for disclosure or access is made in writing by:

(1) An entity authorized to investigate the qualifications of persons for admission to practice law;
(2) An entity authorized to investigate the qualifications of persons for government employment;
(3) An agency authorized to investigate allegations of unauthorized practice of law;
(4) An entity authorized to investigate the qualifications of judicial candidates;
(5) A lawyer discipline enforcement agency;
(6) An agency authorized to investigate violations of the criminal laws or the consumer protection laws of this state or any other state, or of the United States; or
(7) A state or federal judicial or administrative court or agency with which the respondent has had previous contact.

If the Regulation Counsel discloses confidential information to a judicial nominating commission of the State of Colorado or grants a judicial nominating commission access thereto, the Regulation Counsel shall give written notice to the respondent that specified confidential information has been so disclosed or that access has been granted.

(e) Repealed.

C.R.C.P. 240

Source: c to e amended and adopted December 14, 1995, effective January 1, 1996; c and d amended and adopted and e repealed October 29, 1998, effective January 1, 1999; c and d.5 amended and effective October 29, 2001.