Rule 242.13 - Request for Investigation(a) Requesting an Investigation. Requests for investigation, which cannot be made anonymously, may be made: (1) By any person and directed to the Regulation Counsel;(2) By a judge of any court of record and directed to the Regulation Counsel;(3) By the Regulation Committee on its own motion and directed to the Regulation Counsel; or(4) By the Regulation Counsel with the concurrence of the Chair or Vice-Chair of the Regulation Committee.(b) Preliminary Investigation. (1) On receiving a request for investigation under subsection (a) above, the Regulation Counsel must conduct a preliminary investigation to decide:(A) Whether the lawyer is subject to C.R.C.P. 242.1(a) and whether an allegation has been made that, if proved, would constitute grounds for discipline; and if so,(B) Whether to formally investigate the matter under C.R.C.P. 242.14 or to address the matter by means of a diversion program under C.R.C.P. 242.17.(2) If requested to do so, the lawyer must submit to the Regulation Counsel a written response to the allegations within 21 days. The Regulation Counsel may require the lawyer to provide a copy of the written response to the complaining witness, except when a protective order entered under C.R.C.P. 242.41(e) restricts the disclosure of information or when the Regulation Counsel otherwise determines that certain information should not be disclosed to the complaining witness.(3) The Regulation Counsel's decision under subsection (b)(1) above is an exercise of discretion that may take into account numerous factors, including the availability of admissible and credible evidence to support the allegation, the presumptive form of discipline provided by the American Bar Association Standards for Imposing Lawyer Sanctions if the allegation is proven, and the likelihood that additional education of the lawyer will address any concerns of future misconduct. The Regulation Counsel's decision under subsection (b)(1) above is final. The Regulation Counsel will inform the complaining witness of the decision. The complaining witness is not entitled to review or appeal of that decision.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.