If the Dreaded Day Comes: Grievance Proceedings Under Rule 241

• Publication year: 1996
• Pages: 19
• Citation: Vol. 25 No. 12 Pg. 19

25 Colo.Law. 19 Colorado Lawyer 1996.

1996, December, Pg. 19. If the Dreaded Day Comes: Grievance Proceedings Under Rule 241

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19

Vol. 25, No. 12, Pg. 19

If the Dreaded Day Comes: Grievance Proceedings Under Rule 241

by Diane Vaksdal Smith, Harry L. Arkin,Ilene Davidson JohnsonandSuzanne Doty Core

Note:

This article provides a general overview of Colorado Rules of Civil Procedures ("C.R.C.P.") Rule 241, concerning the discipline and disability of attorneys practicing in Colorado. Any attorney who is the subject of a disciplinary proceeding is cautioned to consult the precise language of the rule and, if appropriate, seek the guidance of qualified counsel.

The Grievance Policy Committee of the Colorado Bar Association has found that attorneys, subject to the Supreme Court's disciplinary authority, are often either unfamiliar with or misunderstand the grievance process. The Committee has, therefore, prepared this article as an overview of the grievance process, as embodied in C.R.C.P. 241.

Step I: Initiation of the Grievance Procedure

Under C.R.C.P. 241.9(a), a grievance proceeding generally may be initiated in one of four ways:

1) on a written request for investigation made by any person to the Supreme Court, the Grievance Committee, or the Disciplinary Counsel;

2) on a report by a judge of any court of the state to the Supreme Court, as provided in C.R.C.P. 241.5;

3) by the Grievance Committee, on its own motion; or

4) by the Disciplinary Counsel with the concurrence of the chair or vice-chair of the Grievance Committee.

Additionally, C.R.C.P. 241.16 and 241.17 require a lawyer to "self-report" if the lawyer is convicted of a crime (other than a misdemeanor traffic offense not involving alcohol or drugs) or if the lawyer is publicly disciplined by another jurisdiction. (Certain provisions of C.R.C.P. 241.16 and 241.17 allow the Disciplinary Counsel to proceed directly to the filing of a complaint against the respondent attorney, as discussed in Section III, below.)

If a report of alleged misconduct, pursuant to C.R.C.P. 241.9, is received, the Disciplinary Counsel must determine (1) whether the attorney is subject to the disciplinary jurisdiction of the Supreme Court, and (2) whether the complaint, if proved, would constitute grounds for discipline. Before deciding whether to initiate a full investigation, the Disciplinary Counsel can make a preliminary inquiry to determine the underlying facts. Under C.R.C.P. 241.9(b), the Disciplinary Counsel's decision whether to proceed is not appealable.

If the Disciplinary Counsel determines to proceed and to initiate a full investigation, C.R.C.P. 241.10(a) requires the Disciplinary Counsel to give notice to the attorney in question "that he is under investigation by the Committee and of the general nature of the allegations made against him." The attorney then has twenty days to file a written response with the Disciplinary Counsel, responding to the allegations contained in the notice of investigation. On receipt of the response or the expiration of the twenty-day period if no response is received, the Disciplinary Counsel shall investigate the matter and, if appropriate, refer the matter to the inquiry panel, with a written report of investigation.

Notwithstanding these provisions, a lawyer may be subject to immediate suspension under C.R.C.P. 241.8...