(a) Overview. Probation is a form of discipline that allows a respondent who has been found to have committed misconduct to continue practicing law subject to supervision when the respondent would benefit from conditions designed to improve the respondent's skills or ethical infrastructure or to manage a behavioral health issue, including a mental health or substance use issue. An order of probation must specify the conditions of probation. Probation must be imposed for a specified period of time in conjunction with a suspension, which may be stayed in whole or in part. A period of probation must not exceed three years, unless the Presiding Disciplinary Judge grants an extension on motion by either party.(b) Eligibility. Probation may be imposed only when a respondent: (1) Is unlikely to harm the public during the period of probation and can be adequately supervised;(2) Is able to practice law without undermining public confidence in the legal system; and(3) Has not committed misconduct for which the presumptive form of discipline is disbarment.(c) Conditions. Conditions must take into consideration the nature and circumstances of the respondent's misconduct and the respondent's history and health status. A mandatory condition of probation is that the respondent must not commit further violations of the Colorado Rules of Professional Conduct during the period of probation. Other conditions may include one or more of the following:(1) Periodic reporting to the Regulation Counsel;(2) Monitoring of the respondent's law practice or accounting procedures;(3) Establishing a relationship with a lawyer-mentor;(4) Satisfactory completion of a course of study;(5) Achieving a passing score on the multistate professional responsibility examination;(6) Payment of restitution;(7) Evaluation or treatment of medical or behavioral health issues, including mental health or substance use issues;(8) Evaluation or treatment in a program for disorders related to sexual misconduct;(9) Evaluation or treatment in a program for addressing matters relating to family violence, including domestic partner, elder, and child abuse;(10) Compliance with civil or criminal court orders;(11) Abstinence from or limitations on the use of alcohol or drugs; and(12) Payment of expenses associated with probationary conditions.(d) Monitoring. The Regulation Counsel must monitor the respondent's compliance with the conditions of probation.(e) Termination. Probation does not terminate until the Presiding Disciplinary Judge enters an order of termination. To seek timely termination of probation, a respondent must file with the Presiding Disciplinary Judge, no earlier than 28 days before the date probation is scheduled to terminate, an affidavit attesting to whether the respondent has complied with each term of probation. Within 14 days of that filing, unless otherwise ordered, the Regulation Counsel must file either a notice that the Regulation Counsel does not object to the termination of probation or a motion to revoke probation. On receiving notice that the Regulation Counsel does not object to termination of probation, the Presiding Disciplinary Judge will enter an order terminating probation. An order of termination takes effect no earlier than the date probation is scheduled to terminate.(f) Violations. (1) Initiation of Revocation Proceeding. If, while a respondent is on probation, the Regulation Counsel receives information that the respondent may have violated a condition of probation, the Regulation Counsel may move that the Presiding Disciplinary Judge order the respondent to show cause why the stay on the respondent's suspension should not be lifted.(2) Continued Compliance. During a revocation proceeding, the respondent must continue to comply with the probationary conditions unless otherwise ordered.(3) Hearing. The Presiding Disciplinary Judge may hold a revocation hearing on motion of either party or on the Presiding Disciplinary Judge's own initiative. The clerk of the Presiding Disciplinary Judge may issue subpoenas under C.R.C.P. 45. At the hearing, the Regulation Counsel has the burden of establishing by a preponderance of the evidence that the respondent violated a condition of probation and to justify the relief requested. The Presiding Disciplinary Judge may receive any evidence with probative value regardless of its admissibility under the rules of evidence if the respondent has a fair opportunity to rebut hearsay evidence. When the alleged violation is the respondent's failure to pay restitution or costs, evidence of the failure to pay constitutes prima facie evidence of a violation.(4) Order. After a hearing or after briefing if no hearing is held, the Presiding Disciplinary Judge will enter an order revoking probation, modifying the conditions or length of probation, or directing that probation remain in effect.(5) Costs. If probation is revoked or modified, the Presiding Disciplinary Judge may assess against the respondent all or any part of the reasonable costs of the revocation proceeding.(g) Independent Charges. The filing or the granting of a motion under subsection (f) above does not preclude the Regulation Counsel from filing independent disciplinary charges based on the same underlying conduct.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.