Rule 242.5 - Regulation Counsel(a) Regulation Counsel. The supreme court appoints an Attorney Regulation Counsel (Regulation Counsel) who serves at the pleasure of the supreme court and who represents the People of the State of Colorado in proceedings under this rule.(b) Qualifications. The Regulation Counsel must be a lawyer admitted to practice in Colorado with at least five years of experience in the practice of law. The Regulation Counsel must not hold other public office or engage in the private practice of law while serving as the Regulation Counsel.(c) Powers and Duties. The Regulation Counsel, under a budget approved by the supreme court, is authorized and empowered to act in accordance with this rule, including by: (1) Maintaining and supervising a permanent, central office for the filing and processing of requests for investigation in disciplinary matters and claims in Colorado Attorneys' Fund for Client Protection matters;(2) Hiring and supervising a staff to carry out the duties of the Regulation Counsel;(3) Adopting practices needed to govern the internal operation of the Office of the Regulation Counsel;(4) Periodically reporting to the supreme court on the operation of the Office of the Regulation Counsel;(5) Conducting investigations, dismissing matters, offering diversion, and reporting to the Regulation Committee;(6) Prosecuting disciplinary actions, including reciprocal discipline actions, as provided in this rule;(7) Negotiating dispositions of proceedings as provided in this rule;(8) Prosecuting interim and nondisciplinary suspension proceedings as provided in this rule;(9) Prosecuting contempt proceedings for violations of orders directing lawyers to cease practicing law and prosecuting other contempt proceedings under this rule;(10) Participating in and presenting recommendations reflecting the public interest in reinstatement and readmission proceedings under this rule;(11) Maintaining records of matters before the Regulation Committee;(12) Recommending to the Advisory Committee any proposed changes to the Rules Governing the Practice of Law; and(13) Performing such other duties as the supreme court may direct.(d) Special Counsel. Special counsel appointed under C.R.C.P. 242.4(e) must act in accordance with this rule. When a special counsel is appointed, the special counsel is empowered in that proceeding to take all actions that fall within the scope of the appointment and that are normally entrusted to the Regulation Counsel.(e) Former Regulation Counsel. Former Regulation Counsel or a former member of the Regulation Counsel's staff must not represent anyone in a proceeding that was pending under the Rules Governing the Practice of Law during that person's term of service.(f) Disqualification of Attorney Regulation Counsel. Regulation Counsel shall disqualify themselves or other staff from conducting an investigation or prosecuting a matter under these rules when a similarly situated prosecutor would be required to disqualify. Regulation Counsel may employ appropriate internal screening devices in such circumstances or request that the Legal Regulation Committee appoint special counsel pursuant to C.R.C.P. 242.4(e).Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021; Amended and Adopted by the Court, En Banc, April 6, 2023, effective 4/6/2023 effective immediately.COMMENT
C.R.C.P. 242.5(e) is intended to have a broader reach than Colo. RPC 1.11(a).