Rule 242.10 - Forms of Discipline and Other Dispositions(a) Forms of Discipline. When grounds for discipline against a lawyer have been established, one of the following sanctions will be imposed in accordance with the American Bar Association Standards for Imposing Lawyer Sanctions, unless inconsistent with this rule: (1) Disbarment. Disbarment is the revocation of a lawyer's license or authority to practice law in Colorado. A disbarred lawyer may not petition for readmission under C.R.C.P. 242.39 for at least eight years after the disbarment takes effect.(2) Suspension. Suspension is the temporary removal of a lawyer's authority to practice law in Colorado, subject to the lawyer's reinstatement under C.R.C.P. 242.38 or C.R.C.P. 242.39. Suspension is imposed for a definite period of time not to exceed three years. A suspension may be stayed in whole or in part.(3) Public Censure. Public censure is a published reprimand that declares a lawyer's conduct is grounds for discipline but that does not prohibit the lawyer from practicing law. Conditions may be attached to a public censure. Failure to comply with conditions constitutes grounds for discipline against the lawyer.(4) Private Admonition. A private admonition is an unpublished reprimand that declares a lawyer's conduct is grounds for discipline but that does not prohibit the lawyer from practicing law. Conditions may be attached to a private admonition. Failure to comply with conditions constitutes grounds for discipline against the lawyer. Nothing in this rule precludes consideration and disclosure of the private admonition in a future disciplinary proceeding. A private admonition may be imposed in one of three ways:(A) Admonition by Regulation Committee. The Regulation Committee may issue a letter privately admonishing a respondent under C.R.C.P. 242.16(a). When such a letter is issued, the proceeding, including the admonition, will remain confidential except as provided in C.R.C.P. 242.16(f).(B) Admonition by Presiding Disciplinary Judge on Stipulation. The Presiding Disciplinary Judge may impose private admonition by approving a stipulation under C.R.C.P. 242.19. The stipulation is confidential. The Presiding Disciplinary Judge's order approving the stipulation and imposing the admonition is confidential. All other files and records relating to any phase of the proceeding are public, including the notice that the respondent was admonished, which must indicate whether any claims against the respondent were dismissed.(C) Admonition in Opinion by Presiding Disciplinary Judge or Hearing Board. The Presiding Disciplinary Judge or a Hearing Board may impose private admonition by opinion after a hearing has been held. The opinion itself is confidential. All other files and records relating to any phase of the proceeding are public, including the notice that the respondent was admonished, which must indicate whether any claims against the respondent were dismissed.(b) Other Dispositions Under this Rule. Other types of dispositions and orders under this rule include: (1) Probation. A lawyer may be placed on probation in conjunction with a stayed suspension as provided in C.R.C.P. 242.18.(2) Diversion. A lawyer may agree to participate in a diversion program under C.R.C.P. 242.17.(3) Interim and Nondisciplinary Suspensions. A lawyer's license to practice law in Colorado may be suspended on a temporary basis as provided in C.R.C.P. 242.22 through C.R.C.P. 242.24.(4) Restitution and Costs. A lawyer may be ordered to pay restitution and costs in conjunction with a disciplinary proceeding or a protective appointment of counsel proceeding.(5) Readmission and Reinstatement. A lawyer may be readmitted from disbarment or reinstated from suspension as provided in C.R.C.P. 242.38 and C.R.C.P. 242.39.(6) Contempt. A lawyer may be held in contempt as provided in C.R.C.P. 242.40.(c) Disposition Under C.R.C.P. 232. A disbarred lawyer who is alleged to have violated a disbarment order may also be subject to a contempt proceeding under C.R.C.P. 232 (Rules Governing Unauthorized Practice of Law Proceedings).Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.COMMENT
A stayed suspension under this rule is imposed in conjunction with a period of probation. A lawyer is permitted to practice law during the "stayed" portion of a suspension. As an example, if a lawyer's license is suspended for one year, with three months served and nine months stayed upon completion of a two-year period of probation, the lawyer initially will be suspended for three months, then the lawyer normally will be reinstated subject to the conditions imposed for the two-year period of probation. If the lawyer is found to have violated a condition of probation during the two-year period of probation, the lawyer's license normally will be suspended for the additional nine months under C.R.C.P. 242.18(f). A stayed suspension is an appropriate form of discipline only when the lawyer is eligible for probation under C.R.C.P. 242.18(b).