Rule 242.14 - Formal Investigation of Allegations(a) Commencement of Investigation. (1) Initiation. A formal investigation may commence if the Regulation Counsel decides to investigate under C.R.C.P. 242.13(b)(1)(B) or if the Regulation Counsel receives notice that a lawyer has been convicted of a crime, other than serious crimes (which are addressed in C.R.C.P. 242.15(c)).(2) Notice. When the Regulation Counsel commences a formal investigation under this section 242.14, the Regulation Counsel must give the respondent notice of the investigation and the allegations against the respondent.(3) Response. If requested to do so, the respondent must submit to the Regulation Counsel a written response to the allegations within 21 days. The Regulation Counsel may require the respondent 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.(b) Procedures for Investigation. (1) Investigator. A member of the Regulation Counsel's staff, a member of the Regulation Committee, or a special counsel appointed under C.R.C.P. 242.4(e) may act as investigator. The investigator must promptly investigate the allegations, which may include conducting interviews and procuring evidence.(2) Subpoenas. (A) Issuance. During an investigation, the Regulation Counsel or the Chair of the Regulation Committee may issue subpoenas to compel the attendance of witnesses, including the respondent, and to compel the production of relevant documents and other evidence.(B) Production of Required Records. A respondent must produce records required to be kept under Colo. RPC 1.15D in response to a subpoena duces tecum that is issued under this section 242.14 and that requests such records.(C) Standards. Subpoenas issued under this section 242.14 and challenges thereto are subject to C.R.C.P. 45. Challenges to subpoenas must be directed to the Presiding Disciplinary Judge.(c) Stipulation to Discipline or Diversion During Investigation. While a matter is under formal investigation, the respondent and the Regulation Counsel may enter into a stipulation to discipline as provided in C.R.C.P. 242.19 or to diversion as provided in C.R.C.P. 242.17. If a stipulation provides for diversion or private admonition, the parties must submit the stipulation to the Regulation Committee for approval. If a stipulation provides for public discipline, the parties must submit the stipulation to the Presiding Disciplinary Judge for approval. When a stipulation has been submitted and approved under this section 242.14, no determination or written report under subsection (d) below is required.(d) Results of Investigation. After an investigation by the Regulation Counsel's staff, the Regulation Counsel must make a determination under C.R.C.P. 242.15. After an investigation conducted by an investigator who is not a member of the Regulation Counsel's staff, the investigator will submit a written report of investigation and recommendation to the Regulation Committee for a determination under C.R.C.P. 242.16.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.COMMENT
For purposes of C.R.C.P. 45 a respondent subject to an investigation is considered a party, but a complaining witness is not considered a party.