Rule 242.22 - Interim Suspension for Alleged Serious Disciplinary Violations(a) Overview. Interim suspension is the temporary suspension by the supreme court of a respondent's license to practice law while a disciplinary proceeding is pending against the respondent.(b) Applicability. Although a respondent's license to practice law is not ordinarily suspended while a disciplinary proceeding is pending, the supreme court may suspend a respondent's license on an interim basis if there is reasonable cause to believe that:(1) The respondent is causing or has caused substantial public or private harm; and(2) The respondent has: (A) Been convicted of a serious crime;(B) Knowingly converted property or funds;(C) Abandoned a client; or(D) Engaged in conduct that poses a substantial threat to the administration of justice.(c) Procedure. (1) Initiation. To initiate an interim suspension proceeding under this section 242.22, the Regulation Counsel must file a petition with the Presiding Disciplinary Judge. The petition must be supported by an affidavit setting forth facts giving rise to reasonable cause to believe that the alleged conduct occurred. The Regulation Counsel must serve a copy of the petition and affidavit on the respondent.(2) Order to Show Cause. On receiving a properly supported petition for interim suspension, the Presiding Disciplinary Judge will order the respondent to show cause within 14 days why the petition should not be granted.(3) Subpoenas. During a proceeding under this section 242.22, either party may request that the clerk of the Presiding Disciplinary Judge issue subpoenas under C.R.C.P. 45. Challenges to subpoenas must be directed to the Presiding Disciplinary Judge.(4) Hearing. The Presiding Disciplinary Judge will hold a hearing if requested by either party or if the Presiding Disciplinary Judge deems one necessary. A hearing will take place within 14 days of the respondent's response to the show cause order. A record must be made of the hearing.(5) Report. Within 7 days after any hearing, or as soon as practicable if no hearing is held, the Presiding Disciplinary Judge will submit to the supreme court a report setting forth findings of fact and a recommendation as to interim suspension.(6) Supreme Court Decision. On receiving the Presiding Disciplinary Judge's report, the supreme court may suspend the respondent's license to practice law on an interim basis or discharge the show cause order. An order of interim suspension takes effect immediately, unless otherwise provided.(d) Disclosure to Law Firms. In addition to a respondent's duties under C.R.C.P. 242.32, a respondent whose license is suspended on an interim basis under this section 242.22 must disclose in writing the interim suspension order to the respondent's current law firm as defined in C.R.C.P. 241 and, if different, to the respondent's law firm at the time of the misconduct giving rise to the matter. The disclosure must be made within 7 days of the supreme court's order.(e) Related Disciplinary Proceeding.(1) Direct Filing of Complaint. When the supreme court suspends a respondent's license on an interim basis and a complaint has not already been filed alleging the same misconduct, the Regulation Counsel must promptly file a complaint under C.R.C.P. 242.25. The disciplinary proceeding then will go forward as otherwise provided in this rule. In such proceedings, C.R.C.P. 242.14 through C.R.C.P. 242.16 do not apply.(2) Accelerated Disposition. A respondent whose license has been suspended on an interim basis under this section 242.22 may exercise the right to an accelerated disposition of the disciplinary proceeding by filing a notice to that effect with the Presiding Disciplinary Judge. The matter then must proceed without appreciable delay.(3) Termination of Interim Suspension. The interim suspension of a respondent's license under this section 242.22 terminates on resolution of a disciplinary proceeding alleging the same misconduct.(f) Access to Information. Pre-complaint proceedings under this section 242.22 are confidential if the supreme court has not yet issued a final decision under this section or if the supreme court does not impose an interim suspension. But the files and records of the matter become public if the supreme court suspends a respondent's license under this section, if a complaint is filed alleging the same misconduct, or if C.R.C.P. 242.41 otherwise so provides.(g) Automatic Reinstatement from Interim Suspension When Conviction Vacated. If a respondent subject to an interim suspension files a certificate showing that the criminal conviction on which the interim suspension was based has since been vacated, the Presiding Disciplinary Judge will terminate the interim suspension order. An order of termination under this subsection (g) does not affect any disciplinary proceeding pending against the respondent or any discipline that has been imposed against the respondent based on the same underlying conduct.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.