Rule 242.40 - Contempt During Proceeding(a) Applicability. If, during a proceeding under this rule, a person knowingly obstructs an investigation, fails to comply with a subpoena, refuses to answer a proper question when testifying, or disrupts through misbehavior the Hearing Board or the Presiding Disciplinary Judge in the performance of authorized duties, the person may be held in contempt and sanctioned. Authority conferred under this section 242.40 is in addition to any other authority to issue sanctions. C.R.C.P. 107 does not govern contempt proceedings under this section.(b) Procedure for Direct Contempt. If a person commits contemptuous conduct that the Presiding Disciplinary Judge sees or hears and that is so extreme no warning is necessary, or that has been repeated despite a warning to desist, the Presiding Disciplinary Judge may summarily punish the conduct by imposing reasonable sanctions, including a fine. In such a case, the Presiding Disciplinary Judge will enter an order on the record reciting the facts constituting the contempt, including a description of the conduct, and finding that the conduct is offensive to the authority and dignity of the tribunal. Before the Presiding Disciplinary Judge imposes sanctions, the person held in contempt has the right to respond to the charge of contempt, including making a statement in mitigation.(c) Procedure for Indirect Contempt. (1) Motion. A party may file with the Presiding Disciplinary Judge a motion for an order to show cause alleging that a person has, outside of the direct sight or hearing of the Hearing Board or Presiding Disciplinary Judge, as applicable, engaged in any of the conduct identified in subsection (a) above. The party must also serve the motion on the person alleged to be in contempt.(2) Order to Show Cause. The Presiding Disciplinary Judge may enter an order to show cause directing the person alleged to be in contempt to appear at a specified time and place and to show cause why the person should not be held in contempt.(3) Determination. If the Presiding Disciplinary Judge finds that the person has engaged in any of the conduct described in subsection (a) above, the Presiding Disciplinary Judge may hold the person in contempt and impose reasonable sanctions. The Presiding Disciplinary Judge also may order costs and reasonable attorney's fees.(d) Independent Charges. An allegation or a finding of contempt does not preclude the Regulation Counsel from filing independent disciplinary charges based on the same underlying conduct.(e) Referral to Other Court. Nothing herein precludes the Regulation Counsel from referring a matter to another court of competent jurisdiction to commence other proceedings or to address other appropriate sanctions or remedies.(f) Appeal. For the purposes of appeal, an order deciding the issue of contempt and sanctions is final.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.