Rule 242.21 - Reciprocal Discipline(a) Standards. A final adjudication of misconduct constituting grounds for discipline issued in another jurisdiction conclusively establishes such misconduct for purposes of this rule and conclusively establishes that the same discipline should be imposed in Colorado, unless a party challenging imposition of that discipline establishes by clear and convincing evidence that: (1) The procedure followed in the other jurisdiction did not comport with Colorado's requirements of due process of law;(2) The proof upon which the other jurisdiction based its determination of misconduct is so infirm that the determination cannot be accepted;(3) The imposition of the same discipline as was imposed in the other jurisdiction would result in grave injustice; or(4) The misconduct proved warrants a substantially different form of discipline in Colorado.(b) Procedures. (1) Complaint. If a complaint is based on the respondent's public discipline in another jurisdiction, the Regulation Counsel must attach to the complaint a copy of the disciplinary order entered in the other jurisdiction. If the Regulation Counsel intends either to claim that substantially different discipline is warranted or to present additional evidence, notice of that intent must be given in the complaint.(2) Answer. If the respondent intends to raise a defense listed in subsection (a) above, the respondent must file with the Presiding Disciplinary Judge, within 28 days after service of the complaint, an answer and a full copy of the record of the disciplinary proceeding in the other jurisdiction.(3) Decision by Presiding Disciplinary Judge. The Presiding Disciplinary Judge may, without a hearing or a Hearing Board, issue a decision imposing the same discipline as was imposed by the other jurisdiction if:(A) The Regulation Counsel does not seek substantially different discipline and the respondent does not challenge the order based on any of the defenses listed in subsection (a) above; or(B) The matter can be resolved on a dispositive motion, such as a motion filed under C.R.C.P. 12, 55, or 56.(4) Hearing and Decision by Hearing Board. A hearing before a Hearing Board must be conducted in accordance with the procedures set forth in C.R.C.P. 242.29 through C.R.C.P. 242.31. After the hearing, the Hearing Board must issue a decision imposing the same discipline as was imposed by the other jurisdiction unless the respondent establishes by clear and convincing evidence one or more of the four defenses listed in subsection (a) above or the Regulation Counsel establishes by clear and convincing evidence that substantially different discipline is warranted.(5) Costs and Administrative Fee. If reciprocal discipline is imposed, the respondent must pay the administrative fee and may be ordered to pay all or any part of the reasonable costs of the proceeding.(6) Effect of Stay in Other Jurisdiction. If the discipline imposed in the other jurisdiction has been stayed pending appeal there, reciprocal discipline cannot take effect in Colorado unless and until the stay in the other jurisdiction is lifted.(c) Reinstatement and Readmission. (1) Costs and Restitution Awarded in Originating Jurisdiction. A respondent who is reciprocally disciplined in Colorado must pay all costs and restitution ordered in the originating jurisdiction before petitioning for reinstatement or readmission to practice law in Colorado.(2) Reinstatement or Readmission in Originating Jurisdiction. A respondent who is reciprocally disciplined in Colorado must be reinstated or readmitted in the originating jurisdiction before petitioning for reinstatement or readmission to practice law in Colorado under C.R.C.P. 242.39 unless the respondent shows good cause for not seeking reinstatement or readmission in the originating jurisdiction.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.