Court Business
| Publication year | 2002 |
| Pages | 151 |
2002, January, Pg. 151. Court Business
Vol. 31, No. 1, Pg. 151
The Colorado Lawyer
January 2002
Vol. 31, No. 1 [Page 151]
January 2002
Vol. 31, No. 1 [Page 151]
From the Courts
Court Business
Court Business
Court Business
Court Business
Colorado Supreme Court Rules Committee
Second Corrective Order to Rule Change #2001(18)
Chapter 29. Colorado Rules of Criminal Procedure
VIII. Supplementary and Special Proceedings
Rule 41. Search, Seizure, and Confession
Amended and Adopted
(a) Authority to Issue Warrant. [No Change]
(b) Grounds for Issuance. [No Change]
(c) Application for Search Warrant
(1) [No Change]
(2) [No Change]
(2.5) A no-knock search warrant, which means, for purposes of
this section, a search warrant authorized by the court to be
executed by law enforcement officers through a forcible entry
without first announcing their identity, purpose, and
authority, shall be issued only if the affidavit for such
warrant
(I) Complies with the provisions of subsections (1) and (2)
of this section (c) and section 16-3-303(4), C.R.S
(II) Specifically requests the issuance of a no-knock search
warrant;
(III) Relates sufficient circumstances to support the
issuance of a no-knock search warrant;
(IV) Has been reviewed and approved for legal sufficiency and
signed by a district attorney with the date and his or her
attorney registration number on the affidavit, pursuant to
section 20-1-106.1(2), C.R.S.; and
(V) If the grounds for the issuance of a no-knock warrant are
established by a confidential informant, the affidavit for
such warrant shall contain a statement by the affiant
concerning when such grounds became known or were verified by
the affiant, but such statement shall not identify the
confidential informant.
(d) Issuance, Contents, Execution, and Return of Warrant.
(1) [No Change]
(2) [No Change]
(3) [No Change]
(4) Joinder. [No Change]
(5) Execution and Return.
(I) [No Change]
(II) [No Change]
(III) [No Change]
(IV) (I) [No Change]
(V) The officers executing a search warrant shall first
announce their identity, purpose, and authority and, if they
are not admitted, may make a forcible entry into the place to
be searched; however, the officers may make a forcible entry
without such prior announcement if the warrant expressly
authorizes them to do so or if the particular facts and
circumstances known to them at the time the warrant is to be
executed adequately justify dispensing with this requirement.
(VI) A search warrant shall be executed within ten days after
its date. The officer taking property under the warrant shall
give to the person from whom or from whose premises the
property was taken a copy of the warrant and a receipt for
the property or shall leave the copy and receipt at the place
from which the property was taken. The return shall be made
promptly and shall be accompanied by a written inventory of
any property taken. The inventory shall be made in the
presence of the applicant for the warrant and the person from
whose possession or premises the property was taken, if they
are present, or in the presence of at least one credible
person other than the applicant for the warrant or the person
from whose possession or premises the property was taken, and
shall be verified by the officer. The judge upon request
shall deliver a copy of the inventory to the person from whom
or from whose premises the property was taken and to the
applicant for the warrant.
Amended and Adopted by the Court, En Banc, October 4, 2001,
effective immediately.
Corrective Order issued October 25, 2001, effective
immediately.
By the Court:
Alex J. Martinez
Justice, Colorado Supreme Court
Rule Change #2001(19)
The Colorado Rules of Civil Procedure
Chapter 19. Unauthorized Practice of Law Rules
Amended and Adopted
Rule 228. Jurisdiction [No Change]
Rule 229. Appointment and Organization of
Unauthorized Practice of Law Committee [No Change]
Rule 230. Committee Jurisdiction [No Change]
Rule 231. Regulation Counsel; Duties and Powers
Regulation Counsel, appointed by the Supreme Court pursuant
to C.R.C.P. 251.3, shall have the following duties and
powers, in addition to those set forth in C.R.C.P. 251.3:
(a)(1) To investigate and to assist with the investigation of
all matters within the jurisdiction of the Committee, upon
the request and at the direction of members of the Committee;
to dismiss allegations as provided in C.R.C.P. 232.5(c); and
to report to the Committee as provided in C.R.C.P. 232.5(d).
(2) To prepare and prosecute, or assist in the preparation
and prosecution of, civil-injunction proceedings as provided
in C.R.C.P. 234 to 237.
(3) To prepare and prosecute, or assist in the preparation
and prosecution of, contempt proceedings as provided in
C.R.C.P. 238 and 239.
(b) To maintain records in the office of the Committee, in an
appropriately cataloged manner, of all matters coming within
the jurisdiction of the Committee.
(c) To provide facilities for the administration of
proceedings under these rules and for receiving and filing
all requests of investigation and all complaints concerning
matters within the jurisdiction of the Committee.
(d) To employ such staff, including investigative and
clerical personnel, subject to approval of the Committee, as
may be necessary to carry out the duties under these rules.
(e) To perform such other duties as the Chair or the Supreme
Court may require.
Rule 232. (REPEALED)
Rule 233 (REPEALED)
Rule 232.5. Investigation; Procedure; Subpoenas
(a) All matters within the jurisdiction of the Committee
shall be referred to the Regulation Counsel who shall either
conduct an investigation or, if the Chair concurs, refer the
matter to a member of the Committee pursuant to this rule or
to an enlisted member of the Bar pursuant to C.R.C.P. 229(d)
for investigation. Unless excused by the Regulation Counsel,
the complainant shall be required to submit the complaint in
writing and subscribe the same.
(b)(1) Promptly after receiving a written request for
investigation or complaint, the Regulation Counsel shall
determine whether to proceed with an investigation. In making
such determination, the Regulation Counsel may make such
inquiry regarding the underlying facts as the Regulation
Counsel deems appropriate.
(2) If the Regulation Counsel determines to proceed with an
investigation or refers the matter to a member of the
Committee or an enlistee for investigation pursuant to
C.R.C.P. 232.5(a), the respondent shall be: notified that the
investigation is underway; provided with a copy of the
complaint and of the rules governing the investigation; and
asked to file with the Regulation Counsel or the person
conducting the investigation a written answer to the
complaint within 20 days after notice of the investigation is
given.
(c) When the investigation is concluded, the Regulation
Counsel shall either dismiss the allegations or report to the
Committee for a determination as provided in paragraph (d) of
this rule. If the Regulation Counsel dismisses the
allegations, the person making the allegations may request
review of the Regulation Counsel's decision by the
Committee. If such review is requested, the Committee shall
review the matter and make a determination as provided in
paragraph (d). The Committee shall sustain the dismissal
unless it finds that the Regulation Counsel's action
constituted an abuse of discretion. If the Committee sustains
a dismissal, it shall furnish the person making the
allegations with a written explanation of its decision.
(d) If, after conducting an investigation, the Regulation
Counsel believes that the Committee should authorize an
informal disposition, civil-injunction proceedings, or
contempt proceedings, the Regulation Counsel shall submit a
report of the investigation and a recommendation to the
Committee. The Committee shall then decide whether to:
(1) dismiss the matter; provided that the dismissal may be
either with or without a finding of the unauthorized practice
of law, and the letter of dismissal may contain cautionary
language if appropriate; and provided that the person making
the allegation shall be furnished a written explanation of
the Committee's decision;
(2) conduct further investigation;
(3) enter into an informal disposition with the respondent
consisting of a written agreement by the respondent to
refrain from the conduct in question, to refund any fees
collected, and to make restitution; such informal
dispositions are to be encouraged;
(4) commence civil-injunction proceedings as provided in
C.R.C.P. 234 to 237; or
(5) commence contempt proceedings as provided in C.R.C.P. 238
and 239.
(e) At least three Committee members must be present for the
Committee to act upon said reports, findings, and
recommendations.
(f) In connection with an investigation of the unauthorized
practice of law, the Chair or the Regulation Counsel may
issue subpoenas to compel the attendance of respondents and
other witnesses or to compel the production of books, papers
documents, or other evidence. All such...
To continue reading
Request your trial