Rule 242.23 - Nondisciplinary Suspension for Noncompliance with Child Support or Paternity Orders(a) Overview. Suspension under this section 242.23 is a temporary form of suspension designed to address certain types of lawyer noncompliance in child support and paternity proceedings. Suspension under this section is not a form of discipline and does not bar disciplinary action based on the same underlying conduct. A lawyer whose license has been suspended under this section may be reinstated when the lawyer demonstrates compliance in such proceedings. Suspension under this section terminates on reinstatement under this section or on resolution of a disciplinary proceeding based on the same underlying misconduct.(b) Applicability. This section 242.23 applies to a lawyer who: (1) Is not in compliance with any child support order, including any administrative or court order requiring the payment of child support, child support arrears, child support debt, retroactive support, or medical support, whether or not such order is combined with an order for maintenance; or(2) Is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding.(c) Procedure. (1) Initiation. To initiate a proceeding under this section 242.23, the Regulation Counsel must file a petition for suspension with the Presiding Disciplinary Judge. The petition must be supported by an affidavit setting forth facts giving rise to reasonable cause to believe that one or more of the circumstances set forth in subsection (b) above exists. The Regulation Counsel must serve a copy of the petition and affidavit on the lawyer.(2) Order to Show Cause. On receiving a properly supported petition for suspension, the Presiding Disciplinary Judge will order the lawyer to show cause within 21 days why the petition should not be granted.(3) Subpoenas. During a proceeding under this section 242.23, 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 lawyer's response to the show cause order.(5) Decision. (A) Issuance. Within 7 days after any hearing, or as soon as practicable if no hearing is held, the Presiding Disciplinary Judge will issue an order setting forth findings of fact and a decision. The Presiding Disciplinary Judge will suspend the lawyer's license if the Regulation Counsel proves the allegations of the petition by a preponderance of the evidence, unless the lawyer establishes one of the defenses listed in subsection (B) below by a preponderance of the evidence. An order of suspension under this section 242.23 takes effect immediately, unless otherwise provided.(B) Defenses. (i) The following are valid defenses: (a) The lawyer has paid the past-due obligation;(b) The lawyer has negotiated a payment plan approved by the court or the state child support enforcement agency or other agency with jurisdiction over the child support order;(c) A bona fide disagreement is currently before a trial court or an agency concerning the amount of the child support debt, arrearage balance, retroactive support due, or amount of the past-due child support when combined with maintenance;(d) The lawyer has complied with the subpoena or warrant;(e) The lawyer was not served with the subpoena or warrant; or(f) The subpoena or warrant had a technical defect.(ii) The inappropriateness of an underlying child support order and the lawyer's inability to comply with such an order are not valid defenses.(d) Disclosure to Law Firm. In addition to a lawyer's duties under C.R.C.P. 242.32, a lawyer whose license is suspended under this section 242.23 must disclose in writing the suspension order to the lawyer's current law firm as defined in C.R.C.P. 241. The disclosure must be made within 14 days of the order.(e) Access to Information. Proceedings under this section 242.23 are confidential if the Presiding Disciplinary Judge has not yet issued a final decision under this section or does not suspend a lawyer's license. But the files and records of the matter become public if the Presiding Disciplinary Judge suspends a lawyer's license under this section, if a complaint is filed based on the same underlying allegations, or if C.R.C.P. 242.41 otherwise so provides.(f) Reinstatement. (1) Petition. A lawyer whose license has been suspended under this section 242.23 is eligible for reinstatement if, as applicable, the lawyer pays the past-due obligations; enters into a payment plan approved by the court, the state child support enforcement agency, or other agency with jurisdiction over the child support order; complies with the warrant or subpoena; or is no longer subject to subsection (b) above as a result of an appellate decision in the lawyer's favor. To seek reinstatement, the lawyer must file with the Presiding Disciplinary Judge a verified petition containing evidence of compliance.(2) Procedure. After receiving a petition for reinstatement, the Regulation Counsel has 21 days to conduct an investigation, unless the Presiding Disciplinary Judge grants the Regulation Counsel additional time. The lawyer must cooperate in the investigation. At the end of the investigation period, the Regulation Counsel must file an answer. The Presiding Disciplinary Judge will hold a hearing if requested by either party or if the Presiding Disciplinary Judge deems one necessary. The lawyer bears the burden of establishing the right to be reinstated by a preponderance of the evidence. The Presiding Disciplinary Judge may order reinstatement or deny reinstatement. Reinstatement under this subsection (f) does not affect any disciplinary proceeding pending against the respondent or any disciplinary sanction imposed for the respondent's conduct.(g) Appeal. A decision of the Presiding Disciplinary Judge under subsection (c)(5) or subsection (f)(2) above is final, and an appeal may be initiated under C.R.C.P. 242.34.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.