Rule 242.24 - Nondisciplinary Suspension for Failure to Cooperate(a) Overview. Suspension under this section 242.24 is a temporary form of suspension designed to address noncooperation by a respondent in a disciplinary investigation. A respondent whose license is suspended under this section may be reinstated when the respondent rectifies the conduct at issue. Suspension under this section is not a form of discipline, does not bar disciplinary action based on the respondent's noncooperation, and is distinct from any disciplinary suspension that may be imposed based on the same underlying conduct.(b) Applicability. Although a respondent's license to practice law is not ordinarily suspended during a disciplinary investigation, a respondent's license may be suspended during an investigation of alleged serious misconduct if there is reasonable cause to believe that the respondent has not cooperated, as described in subsection (c)(1)(A) below.(c) Procedure. (1) Initiation. (A) To initiate a proceeding under this section 242.24, the Regulation Counsel must file a petition for suspension with the supreme court alleging that the respondent: (i) Has failed to respond to a lawful demand for information relating to a disciplinary investigation and has not interposed a good-faith objection to responding; or(ii) Has not produced information or records subpoenaed by the investigator and has not interposed a good-faith objection to producing the information or records.(B) The petition must be supported by an affidavit setting forth facts giving rise to reasonable cause to believe that the alleged serious misconduct under investigation occurred and that the respondent has failed to cooperate as set forth in subsection (c)(1)(A) above. The affidavit must also describe the investigator's efforts to obtain the respondent's cooperation.(C) 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 suspension, the supreme court may order the respondent to show cause within 14 days why the petition should not be granted.(3) Hearing. If the respondent responds to the show cause order, either party may request a hearing. The supreme court may refer the matter to the Presiding Disciplinary Judge for resolution of contested factual matters and a hearing, for which subpoenas may be issued. A hearing will take place within 14 days of the supreme court's order of referral.(4) Report. Within 7 days after any hearing, the Presiding Disciplinary Judge will submit to the supreme court a report setting forth findings of fact and a recommendation. The report must make findings as to the allegations and the applicability of any defenses, including inability to comply or a good-faith objection to response or production.(5) Decision. After considering the petition, any response to the show cause order, and any report from the Presiding Disciplinary Judge, the supreme court may suspend the respondent's license to practice law until further order of the supreme court or entry of a final order in the underlying disciplinary proceeding, whichever occurs earlier; deny the petition; or enter any other appropriate order. An order of suspension under this section 242.24 takes effect immediately, unless otherwise provided.(d) Disclosure to Law Firm. In addition to a respondent's duties under C.R.C.P. 242.32, a respondent whose license is suspended under this section 242.24 must disclose in writing the suspension order to the respondent's current law firm as defined in C.R.C.P. 241. The disclosure must be made within 14 days of the supreme court's order.(e) Access to Information. Pre-complaint proceedings under this section 242.24 are confidential if the supreme court has not yet issued a final decision under this section or does not suspend a respondent's license. 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 based on the allegations underlying the petition filed under this section, or if C.R.C.P. 242.41 otherwise so provides.(f) Reinstatement. A respondent whose license was suspended under this section 242.24 may petition the supreme court for reinstatement. The respondent's petition must show that the respondent has rectified the conduct alleged in the petition or that the respondent has otherwise complied with any directions issued by the supreme court. The respondent must provide a copy of the petition to the Regulation Counsel, who must respond within 7 days. The supreme court may reinstate the respondent's license to practice law, deny the petition, or enter any other appropriate order. Reinstatement under this subsection (f) does not affect any disciplinary proceeding pending against the respondent or any disciplinary sanction imposed for the respondent's noncooperation.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.COMMENT
C.R.C.P. 242.24 addresses problems caused by the relatively few lawyers who fail to cooperate in a disciplinary investigation. The intent of this rule is to ensure that lawyers comply with the rules governing the legal profession, in this case the duty to cooperate in a disciplinary investigation. See Colo. RPC 8.1(b); Colo. RPC 8.4(d). This section is intended to promote communication between the lawyer and the investigator. The rule is not designed to threaten or punish lawyers who have a good reason for not complying with investigative requests, such as an inability to comply or a good-faith objection to production. For example, a lawyer will not be suspended under this section merely because the lawyer is out of the office on vacation when a disciplinary investigation is initiated.