security appeals and bankruptcy appeals, the parties will be directed to file a
Joint Case Management Plan (JCMP). The form of JCMP for review of agency
action in AP cases, except Individuals with Disabilities Education Act cases and
environmental cases, is here. The form of JCMP for review of administrative
action in Individuals with Disabilities Education Act cases and environmental
cases is here.
(b) Motions for Attorney Fees Under 42 U.S.C. §406(b).
(1) The motion shall include a copy of the Notice of Award, which
specifies the total of past due benefits awarded and/or the amount
withheld from the award for the payment of attorney fees.
(2) The date of the Notice of Award shall commence the calculation of the
time for filing of the motion. If more than one Notice of Award is
reasonably anticipated, plaintiff shall file a status report every 90 days
after the issuance of the first Notice of Award advising the court of the
timing, if known, of the issuance of the last expected Notice of Award.
(3) If the motion is filed more than three months after the date of the last
expected Notice of Award, the motion shall establish good cause for the
delay in filing the motion.
(c) Briefing Schedule for Social Security Appeals.
(1) Briefing Schedule. Unless otherwise ordered for good cause shown, the
opening brief of the plaintiff shall be filed no later than 40 days after the
Commissioner files the administrative record. The response brief of the
Commissioner shall be filed no later than 70 days after the filing of the
administrative record. The plaintiff may file a reply brief no later than 85
days after the filing of the administrative record. The parties may
stipulate in writing to one extension each for plaintiff and the
Commissioner of not more than 21 days beyond the time limits prescribed
in this Paragraph. The stipulation shall be filed before the expiration of the
time limits prescribed in this Paragraph and shall be effective on filing,
unless otherwise ordered. Any other motion for an extension of time or
continuance shall be granted only for good cause shown.
(2) Page Limitations. Unless otherwise ordered and excluding the cover
page, jurisdictional statement, table of contents, statement of facts, and
procedural history, opening and response briefs shall be no more than 20
pages, and reply briefs shall be no more than 10 pages.
(d) Motions for Summary Judgment. Motions for summary judgment shall not be
filed.
(e) Termination of AP Case Designation. On completion of pre-merits
management, designation as an AP case shall terminate, and the case shall be
assigned under D.C.COLO.LCivR 40.1. For good cause, designation as an AP
case may be terminated before the completion of pre-merits management on
motion of a party or sua sponte by the district judge designated for pre-merits
management under D.C.COLO.LCivR 40.1(e).
D.C.COLO.LAPR 16.2
CASE MANAGEMENT OF BANKRUPTCY APPEALS
(a) Application of BAP Local Rules. The United States Bankruptcy Appellate
Panel of the Tenth Circuit Local Rules shall apply in all bankruptcy appeals filed
in the United States Bankruptcy Court for the District of Colorado.
(b) Responsibilities of the BAP Clerk’s Office. The BAP clerk’s office shall perform
the following clerk’s office and staff attorney functions for all bankruptcy appeals
filed in the United States Bankruptcy Court for the District of Colorado:
(1) making the initial determination of the validity of any election;
(2) conducting a jurisdictional review in all bankruptcy appeals;
(3) setting and monitoring briefing schedules and other case-related
deadlines;
(4) reviewing motions, issuing notices of deficiencies, and providing to
the district judge to whom the appeal is assigned proposed orders
to show cause and other proposed orders related to pending motions and
other case-related matters;
(5) providing support to attorneys and pro se parties;
(6) coordinating with the district judge to whom the appeal is assigned
the management and resolution of all jurisdictional issues and pending
motions;
(7) submitting the appeal to the district judge to whom the appeal is assigned
once the appeal is fully briefed for resolution of the appeal on the merits with
the further assistance, if any, of the BAP clerk’s office as the district judge
may request or accept; and
(8) conducting any other functions reasonably necessary to assist the district judge
to whom the appeal is assigned to achieve an efficacious resolution of the
appeal.
(c) Responsibilities of the United States District Court for the District of Colorado
(District Court)
(1) The District Court shall allow the BAP clerk’s office to perform case
management and utilize electronic case filing on the CM/ECF system of the
District Court; and
(2) The District Court shall cooperate and coordinate with the United States
Bankruptcy Appellate Panel of the Tenth Circuit to the extent necessary to
achieve an efficacious resolution of the appeal and to effectuate the terms of
any Memorandum of Understanding between them.
IV. CONSENT JURISDICTION OF A MAGISTRATE JUDGE
D.C.COLO.LAPR 72.2
CONSENT JURISDICTION OF A MAGISTRATE JUDGE
(a) Designation. Under 28 U.S.C. § 636(c)(1) and subject to this rule, all full-time
magistrate judges are designated specially to conduct any or all proceedings in
social security appeals following completion of pre-merits management.
(b) Notice. On the filing of any social security appeal, the clerk shall serve on the
plaintiff and defendant notice of the right of the parties to consent to disposition of
the appeal by a magistrate judge under 28 U.S.C. § 636(c) and the provisions of
this rule.
(c) Unanimous Consent; Determination. To consent to the jurisdiction of a
magistrate judge under 28 U.S.C. § 636(c), all parties shall complete and file a
Consent/Non-Consent to United States Magistrate Judge Jurisdiction form
HERE. Unless otherwise ordered by the pre-merits district judge, written consent
to proceed before a magistrate judge shall be filed no later than the date on
which the Joint Case Management Plan is filed or for social security appeals no
later than 45 days after the administrative record is filed. If the parties consent,
the pre-merits district judge shall then determine whether to enter an order of
reference under 28 U.S.C. § 636(c).
(d) Assignment. On entry of an order of reference under 28 U.S.C. § 636(c), the
appeal shall be assigned under D.C.COLO.LCivR 40.1(a) to a magistrate judge
effective on completion of pre-merits management.
(e) Vacating Reference. A reference of a social security appeal to a magistrate
judge may be vacated under 28 U.S.C. § 636(c)(4).
SECTION V – ATTORNEY RULES
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
I. SCOPE, PURPOSE, AND CONSTRUCTION
D.C.COLO.LAttyR 1
SCOPE OF ATTORNEY RULES
(a) Title and Citation. These rules shall be known as the Local Rules of Practice of
the United States District Court for the District of Colorado-Attorney. These rules
shall be cited as D.C.COLO.LAttyR Rule, Subdivision, Paragraph, Subparagraph,
Item (e.g., D.C.COLO.LAttyR 15(g)(1)(B)(ii)).
(b) Effective Date. Unless otherwise stated, these rules are effective as of
December 1 of each year.
(c) Scope. These rules shall apply to all attorneys who are admitted to the bar of this
court, or who purport to appear in the United States District Court or the United
States Bankruptcy Court for the District of Colorado.
(d) Effect on Authority of Court. Nothing stated in these rules shall be deemed to
negate or diminish the express or inherent disciplinary powers of the court or a
judicial officer.
II. STANDARDS OF PROFESSIONAL CONDUCT
D.C.COLO.LAttyR 2
STANDARDS OF PROFESSIONAL CONDUCT
(a) Standards of Professional Conduct. Except as provided by Subdivision (b) or
order or rule of the United States Bankruptcy Court for the District of Colorado,
the Colorado Rules of Professional Conduct (Colo. RPC) are adopted as
standards of professional responsibility for the United States District Court and
the United States Bankruptcy Court for the District of Colorado. A judicial officer
may impose additional standards of professional conduct by practice standard
or order, the violation of which constitutes grounds for discipline under
D.C.COLO.LAttyR 7(b)(1).
(b) Exceptions. The following provisions of the Colorado Rules of Professional
Conduct (Colo. RPC) are excluded from the standards of professional
responsibility for the United States District Court and the United States
Bankruptcy Court for the District of Colorado:
(1) Colo. RPC 1.2(c) (limiting scope of representation), except that, if ordered,
and subject to D.C.COLO.LAttyR 5(a) and (b), an attorney may provide
limited representation to an unrepresented party or an unrepresented
prisoner in a civil action; and
(2) Colo. RPC 1.2(d), Comment [14] (counseling and assisting client
regarding Colorado Constitution art. XVIII, §§ 14 and 16 and related
statutes, regulations, or orders, and other state or local provisions
implementing them), except that a lawyer may advise a client regarding
the validity, scope, and meaning of Colorado Constitution art. XVIII, §§ 14
and 16 and the statutes, regulations, orders, and other state or local
provisions implementing them, and, in these circumstances, the lawyer
shall also advise the client regarding related federal law and policy.
(c) Federal Pro Se Clinic. An attorney may provide short-term limited legal services
through the Federal Pro Se Clinic (“FPSC”) subject to the standards of conduct
adopted by the FPSC.
III. BAR OF THE COURT, GOOD STANDING, RESIGNATION
D.C.COLO.LAttyR 3
REQUIREMENTS FOR BAR OF THE COURT
(a) Application. An applicant for admission to the bar of this court shall be a person
licensed by the highest court of a state, federal territory, or the District of
Columbia, on active status and eligible to practice law in a state, federal territory,
or the District of Columbia, and a member of the bar in good standing in all
courts and jurisdictions where the applicant has been admitted. Each applicant
shall complete an approved form provided by the clerk and shall pay all fees
established by the court.
(b) Consent to Jurisdiction; Certification of Familiarity with Local Rules. An
attorney who applies for admission to the bar of this court:
(1) consents to this court’s exercise of disciplinary jurisdiction over any
alleged misconduct;
(2) certifies familiarity with the local rules of practice of this court; and
(3) certifies familiarity with the Standards of Professional Conduct adopted in
this court in D.C.COLO.LAttyR 2.
(c) Member in Good Standing. An attorney admitted to the bar of this court must
remain in good standing in all courts where admitted. In good standing means
not suspended or disbarred by any court for any reason. An attorney whose
suspension or disbarment has been stayed by order of the disciplining court prior
to the effective date of the suspension or disbarment remains in good standing.
An attorney who is not in good standing shall not practice before the bar of this
court or continue to be an attorney of record in any pending case. On notice to
this court of lack of good standing from the suspending or disbarring jurisdiction,
or otherwise, the clerk shall make a notation in the court record of such lack of
good standing.
(d) Relief from Rule of Good Standing.
(1) Applications. An attorney who seeks relief from the rule of good standing
in Subdivisions (a) and (c) shall file a request for relief, which shall be
referred to the Committee on Conduct for its recommendation to the
Disciplinary Panel for final determination.
(2) Standards. It is presumed that discipline imposed by another court
against a member of the bar of this court is appropriate. To obtain relief,
the attorney so disciplined has the burden to establish by clear and
convincing evidence that:
(A) the procedure resulting in discipline by the court was so lacking in
notice or opportunity to be heard as to deny due process;
(B) the application of the rule of good standing in Subdivision (c) would
result in grave injustice; or
(C) the kind of misconduct warrants substantially less severe discipline.
(3) Reinstatement by Original Disciplining Court. An attorney who has
been reinstated or readmitted by the original disciplining court, but who
remains suspended or disbarred in a different court for the same conduct
as that at issue in the original disciplining court, may apply for
reinstatement or readmission pursuant to D.C.COLO.LAttyR 11 and is not
disqualified by the requirement that an attorney be in good standing in all
courts where admitted.
(e) Resignation. An attorney may resign from the bar of this court only if the
attorney is in good standing, is not counsel of record in an active case, and is not
the subject of any disciplinary proceeding before this court.
D.C.COLO.LAttyR 4
ATTORNEY SELF-REPORTING REQUIREMENTS
(a) When Self-Reporting is Required. An attorney who has been admitted to the
bar of this court shall notify the clerk in the following circumstances.
(1) Eligibility. The attorney must remain a licensed member in active status
and in good standing of the bar of at least one state, federal territory, or
the District of Columbia. If at any time these eligibility criteria are not met,
the attorney shall, no later than 14 days after the attorney receives notice
of the change in status, notify the clerk of the change in status and the
reason for the change.
(2) Suspension, Disbarment, or Revocation of Pro Hac Vice Status by
Another Court. If the attorney is suspended or disbarred for any reason
by any court, the attorney shall give, no later than 14 days after the date
the disciplinary order enters, written notice to the clerk of the terms of
discipline, the name and address of the court imposing the discipline, and
the effective date of the disciplinary action. An order of suspension or
disbarment that is stayed or appealed must be reported. An order
revoking pro hac vice status shall be reported by the affected attorney
within 14 days of the entry of the order.
(3) Resignation Pending Investigation of Misconduct. If the attorney
resigns from the bar of any other federal or state court while an
investigation into allegations of misconduct is pending, the attorney shall
give to the clerk, no later than 14 days after the resignation, written
notice of the resignation and the fact that an investigation was pending.
(4) Pending Charges. If the attorney is charged in any court with a crime as
defined in D.C.COLO.LAttyR 8(a), the attorney shall notify the clerk in
writing of the charge no later than 14 days after the attorney receives
notice that the charge has been filed.
(5) Conviction. If the attorney is convicted of a crime as defined in
D.C.COLO.LAttyR 8(a), the attorney shall provide the clerk, no later than
14 days after the conviction, written notice of the conviction, including the
terms of the conviction, the terms of the sentence if known, the maximum
term of imprisonment that may be imposed for the offense, the court
entering the conviction, and the date of conviction. In addition, the
attorney shall notify the clerk, no later than 14 days after the conviction
becoming final with no further right of direct appeal, that the conviction
has become final. The definition of conviction in D.C.COLO.LAttyR 8(b)
applies to this paragraph.
(b) Effect of Failure to Self-Report. Failure to self-report is a separate cause for
disciplinary action. However, a failure to self-report an administrative suspension
for failure to pay an annual registration fee or to comply with mandatory
continuing legal education requirements shall not constitute separate cause for
further disciplinary action by this court.
IV. ENTRY AND WITHDRAWAL OF APPEARANCE
D.C.COLO.LAttyR 5
ENTRY AND WITHDRAWAL OF APPEARANCE AND MAINTENANCE OF CONTACT
INFORMATION
(a) Entry of Appearance.
(1) Unless otherwise ordered, an attorney shall not appear in a matter before
the court unless the attorney has filed an Entry of Appearance or an Entry
of Appearance to Provide Limited Representation or signed and filed a
pleading or document.
(2) As permitted under D.C.COLO.LAttyR 2(b)(1), an attorney may provide
limited representation to an unrepresented party or an unrepresented
prisoner in a civil action by order granting a motion which defines the
scope of limited representation with reasonable particularity and certifies
the approval of the unrepresented party or unrepresented prisoner. Any
change in the scope of limited representation must be approved by the
court.
(3) An Entry of Appearance, Entry of Appearance to Provide Limited
Representation, initial pleading, or initial document shall include
(A) the identity of the party for whom the appearance is made;
(B) the firm name, office address, telephone number, and primary
CM/ECF e-mail address of the attorney; and
(C) the certification of the attorney that the attorney is a member in
good standing of the bar of this court.
(4) A form of Entry of Appearance or Entry of Appearance to Provide Limited
Representation is available on the court's website HERE or in the office of
the clerk of court.
(5) Only an unrepresented party or a member of the bar of this court as
defined in D.C.COLO.LAttyR 3 may appear in a matter before the court,
sign and file a pleading or document, or participate in a deposition,
hearing, or trial. The provision restricting the signing of a document shall
not apply to a witness, deponent, declarant, or affiant.
(6) The responsibility for signing a pleading or document shall not be
delegated.
(7) This rule shall not be applied or construed in a manner inconsistent with
any statute or rule governing an attorney appearing for the United States.
(b) Withdrawal of Appearance. An attorney who has filed an Entry of Appearance
or an Entry of Appearance to Provide Limited Representation or has appeared
otherwise in a case may seek to withdraw on motion showing good cause.
Withdrawal shall be effective only on court order entered after service of the
motion to withdraw on all counsel of record, any unrepresented party, and the
client of the withdrawing attorney. A motion to withdraw must state the reasons
for withdrawal, unless the statement would violate the rules of professional
conduct. Motions to withdraw based on the completion of the limited
representation shall include a certification by counsel that the service specified in
the Entry of Appearance to Provide Limited Representation is complete. Notice to
the client of the attorney shall include the warning that the client is personally
responsible for complying with all court orders and time limitations established by
applicable statutes and rules. Where the client of the withdrawing attorney is a
corporation, partnership, or other legal entity, the notice shall state that such
entity may not appear without counsel admitted to the bar of this court, and that
absent prompt appearance of substitute counsel, pleadings and papers may be
stricken, and default judgment or other sanctions may be imposed against the
entity.
(c) Change of Contact Information. Notice of change of name, mailing address, or
telephone number of an attorney or unrepresented party shall be filed no later
than five days after the change. A user of CM/ECF shall keep his/her primary and
alternative e-mail address current. Instructions for a user to update and maintain
his/her CM/ECF account are HERE.
V. ATTORNEY DISCIPLINE
D.C.COLO.LAttyR 6
DISCIPLINARY PANEL AND COMMITTEE ON CONDUCT
(a) Disciplinary Panel. The Chief Judge shall appoint a panel of three judicial
officers to constitute the Disciplinary Panel (the Panel). The Panel shall have
jurisdiction over all judicial proceedings involving disbarment, suspension,
censure, or other attorney discipline. The Chief Judge may designate additional
judicial officers to serve as alternates on the Panel.
(b) Committee on Conduct. The court has established a standing Committee on
Conduct (the Committee) consisting of 12 members of the bar of this court. Each
member shall be appointed for three years and until a successor is appointed. No
member of the Committee shall serve more than two consecutive terms.
Additional members may be appointed by the court. Any member appointed to fill
a vacancy shall serve the unexpired term of his or her predecessor. If a member
serves beyond expiration of the appointed term, the additional time served shall
be chargeable to the successor member. The court shall designate a chairperson
and vice-chairperson of the Committee. The vice-chairperson shall act during the
absence or disability of the chairperson. Members of the Committee shall serve
without compensation, but when practicable their necessary expenses shall be
paid by the clerk from the fund in which admission and annual registration fees
paid by members of the bar are deposited. To be eligible for appointment to the
Committee, an attorney shall certify that the attorney satisfies the following:
(1) has been practicing law for at least 10 years, with no discipline imposed;
(2) has been a member of and in good standing with the bar of this court for
at least 5 years, with no discipline imposed;
(3) has experience that makes the applicant especially qualified to investigate
matters governed by the disciplinary rules of the court and the Colorado
Rules of Professional Conduct.
(c) Duties of the Committee. The Committee shall receive, investigate, consider,
and act on complaints against members of the bar of this court, applications for
reinstatement or readmission, applications for relief from the rule of good
standing, and allegations that a member of the bar of this court is incapable of
practicing law due to a disability, including, but not limited to, physical or mental
disability or substance abuse. The chairperson shall appoint one or more
members to present and prosecute charges and to prepare orders and
judgments as directed by the Panel. The Committee is authorized to report any
information consistent with the objectives of this rule to the authorized
disciplinary body of any bar or court where the applicant or respondent attorney
is admitted. The Committee may perform any additional duties implied by these
rules or assigned by order of the Panel.
(d) Abstention and Disqualification of Current and Former Committee Member.
A Committee member shall refrain from participating in any disciplinary
proceedings in which a judge, similarly situated, would be required to recuse. A
Committee member shall not represent an attorney in any matter before the
Committee. A former Committee member shall not represent any attorney
investigated or prosecuted during the former Committee member’s term on the
Committee.
D.C.COLO.LAttyR 7
COMPLAINTS AND GROUNDS FOR DISCIPLINE
(a) Complaints. A complaint against a member of the bar of this court for any
conduct which may justify any disciplinary action (not limited to suspension or
disbarment) shall be filed in writing under oath, except that a complaint filed by a
judicial officer need not be under oath. A complaint shall be filed with or referred
to the Committee.
(b) Grounds for Discipline. Grounds for discipline include:
(1) a violation or attempted violation of the Standards of Professional
Responsibility or of a practice standard or order imposing
additional standards of professional conduct.
(2) a willful failure to comply with a subpoena validly issued by the Committee
or the Panel, or the knowing failure to respond to a lawful demand from
the Committee or the Panel, except that this rule does not require
disclosure of information otherwise protected by privilege or applicable
rules relating to confidentiality; and
(3) a conviction of a crime defined in Subdivision 8(a), in which case the
Committee may consider the underlying facts to recommend to the Panel
whether disciplinary proceedings are warranted.
(c) Types of Sanctions. Misconduct shall be grounds for imposition of one or more
of the following sanctions:
(1) Disbarment. Disbarment means the removal of the attorney from the bar
of this court.
(2) Suspension. Suspension means the revocation for an appropriately fixed
period of time of the authorization and good standing of the attorney to
practice in this court. Suspension may be stayed in whole or in part.
(3) Public censure. Public censure means a reproach made in public.
(4) Letter of admonition. A letter of admonition means an unpublished
reproach.
(d) Investigation of Complaints. When the Committee receives information by
complaint or otherwise alleging attorney misconduct or incapacity, the matter
shall be referred by the chairperson of the Committee to a Subcommittee
consisting of three Committee members designated by the chairperson who shall
appoint one of them as Subcommittee chairperson. The chairperson or vice-
chairperson of the Committee may be designated as a member of a
Subcommittee.
(1) Service of Complaint and Answer. The Subcommittee shall investigate
a complaint referred to it by the chairperson of the Committee. A copy of
the complaint shall be served on the member of the bar against whom the
complaint has been made (the respondent) by certified mail, return receipt
requested, addressed to the most current address of the respondent on
file with the clerk. No answer shall be accepted or considered, unless
specifically requested of the respondent by the Subcommittee
investigating the complaint. If an answer is requested by the
Subcommittee, the respondent shall file an answer under oath with the
Subcommittee no later than 21 days of the date of the request or such
other deadline as specified by the Subcommittee.
(2) Hearings, Witnesses, and Documents. The Subcommittee shall have
the authority to request documents, interview or depose witnesses, and
consult experts. On request of the Subcommittee, the clerk shall issue
subpoenas, returnable to the Committee, commanding the presence of
witnesses and/or production of designated books, papers, documents, or
other tangibles at the times and places stated in the subpoena. The
Subcommittee chairperson, as master, is authorized to administer oaths.
Any witness who fails or refuses to comply with a subpoena shall be
subject to contempt proceedings before the Panel.
(e) Resolution of the Complaint by the Committee on Conduct. On completion of
its investigation, the Subcommittee shall report its recommendations to the full
Committee. The Subcommittee shall not recommend a disposition other than
dismissal without first notifying the respondent in writing of the substance of the
matter and affording the respondent an opportunity to respond in writing. Notice
at the last known address of the respondent is sufficient. The Committee may, by
a majority of the Committee members in attendance, instruct the Subcommittee
in any one of the following ways:
(1) Dismissal of the Complaint. If the Committee concludes that the
complaint is without merit or that other grounds justify its dismissal,
including that the Committee, after investigation, cannot find by a
preponderance of the evidence grounds for discipline outlined in
Subdivision (b) above, then the Committee shall send a letter signed by
the chairperson or vice- chairperson of the Committee advising the
complainant and the respondent.
(2) Letter of Admonition. If the Committee concludes that the misconduct is
sufficiently significant that the complaint should not be dismissed, but may
not warrant submitting charges to the Panel, the Committee may issue a
private letter of admonition to the respondent. The complainant shall be
notified that the letter of admonition was issued, but shall not be provided
with a copy of the letter of admonition. Neither the fact that the letter of
admonition was issued nor its content shall be made available to the
public. The respondent receiving a letter of admonition may file a written
request no later than 21 days for review of the letter. The admonition shall
be reviewed by the Panel for clear error.
(3) Submission of Charges. The Committee may instruct the Subcommittee
to prepare charges and submit them to the Panel or, with or without
preparing charges, may refer the matter to the Colorado Supreme Court -
Attorney Regulation Counsel or another court-authorized grievance body.
If charges are prepared and submitted to the Panel, and thereafter the
Panel orders the charges filed, the clerk shall file them and issue forthwith
a summons commanding the respondent to answer. Except as hereinafter
provided, the summons and a copy of the charges shall be served by a
United States marshal or his or her designee. A respondent who cannot
be served in Colorado may be served by filing a copy of the summons and
charges with the clerk, who shall send a copy of the summons and
charges by certified mail, return receipt requested, to the last office
address the respondent filed with the clerk. The respondent shall answer
the charges no later than 30 days from the date of service. Absent a timely
answer, the charges may be taken as confessed, and the Panel may
conduct further proceedings which may be held on an ex parte basis as
the Panel deems appropriate, and may enter judgment against the
respondent without hearing or further notice to the respondent.
(f) Disciplinary Panel Hearings and Orders. After the respondent has filed an
answer, an evidentiary hearing may be scheduled by the Panel. The Panel or a
judicial officer appointed by the Panel may issue orders regarding discovery and
other pre-hearing matters. A respondent against whom charges have been filed
shall be entitled to representation by counsel at the expense of the respondent.
The chairperson of the Committee shall appoint one or more of its members to
prosecute the charges. If the charges are sustained by a preponderance of the
evidence, the Panel may censure, suspend, disbar, or otherwise discipline the
respondent. A respondent who is suspended or disbarred shall be enjoined from
practicing law before this court, and the judgment shall so recite. Any violation of
the judgment shall be deemed a contempt of court.
(g) Conditional Admission. A respondent against whom formal charges have been
or will be filed may tender to the Committee a conditional admission to the
charges or to a particular charge in exchange for a stated form of discipline. A
conditional admission shall be approved or rejected by the Panel. If the stated
form of discipline is rejected by the Panel, the admission shall be withdrawn and
may not be used against the respondent in any subsequent proceedings.
(h) Complaint against Sitting Member of the Committee on Conduct. If a
complaint is filed against a sitting member of the Committee, in lieu of
investigation by any other sitting member of the Committee, the court shall
appoint a Special Subcommittee consisting of three members of the bar of the
court who in the past have served on the Committee, but not as co-members with
the member against whom the complaint is lodged, or such other members of the
bar of the court as the court may choose. The court shall designate one of the
three as chairperson of the Special Subcommittee. The Special Subcommittee
shall follow the procedures of this rule, except that the Special Subcommittee
shall work directly with the Panel rather than the full Committee.
D.C.COLO.LAttyR 8
CONVICTION OF CRIME
(a) Crime. As used in these rules, a crime for which discipline may be imposed is
any crime punishable by a term of imprisonment of more than one year; any
lesser crime that reflects adversely on the honesty, trustworthiness, or fitness of
the attorney in other respects; or any crime a necessary element of which, as
determined by the statutory or common law definition of the crime, involves
interference with the administration of justice, false swearing, misrepresentation,
fraud, deceit, bribery, extortion, misappropriation, theft, or an attempt, conspiracy
or solicitation to commit such a crime.
(b) Conviction. As used in these rules, a conviction shall include a verdict of guilty,
a plea of guilty, or a plea of nolo contendere, regardless of whether entry of
judgment of conviction or imposition of sentence is suspended or deferred by the
court.
(c) Duty of the Clerk. After receiving notice of a conviction of a member of the bar
of this court for a crime as defined in Subdivision (a), the clerk shall immediately
notify the Panel and the attorney.
(d) Interim Suspension.
(1) General Procedure. The Panel may place an attorney on interim
suspension immediately on proof of a conviction of the attorney for a crime
as defined in Subdivision (a), regardless of the pendency of any appeal.
Alternatively, the Panel may refer the attorney to the Committee for
investigation and recommendation.
(2) Opportunity to Object. The attorney may submit in writing any objection
that establishes that the interim suspension may not properly be ordered,
such as proof that the crime did not constitute a crime as defined in
Subdivision (a) or that the attorney is not the individual convicted, or that
other grounds preclude interim suspension.
(3) Termination. On a written showing by the attorney of extraordinary
circumstances, the Panel may vacate an order of suspension.
(4) Effect of Reversal or Vacatur of Conviction. With the exception of a
guilty plea resulting in a deferred judgment or sentence, if an attorney
suspended under this rule demonstrates that the underlying conviction has
been reversed or vacated, the order of interim suspension shall be
vacated and the attorney reinstated. The vacatur of the interim suspension
shall not automatically terminate any disciplinary proceeding then pending
against the attorney.
(e) Formal Charges. The conviction for a crime as defined in Subdivision (a) is final
when there has been a plea of guilty or a plea of nolo contendere, or, in the event
of a guilty verdict, on the conclusion of any direct appeals. When the conviction
for a crime as defined in Subdivision (a) is final, the Committee shall consider the
facts and shall determine whether to submit formal charges to the Panel pursuant
to D.C.COLO.LAttyR 7(e)(3). If the Committee submits formal charges to the
Panel, the Committee shall recommend the nature and extent of the discipline to
be imposed.
(f) Other Grounds for Discipline. Notwithstanding the disposition of criminal
charges, the Committee may consider the underlying facts to determine if
disciplinary proceedings are warranted.
D.C.COLO.LAttyR 9
EFFECT OF RESIGNATION FROM BAR OF ANOTHER COURT WHILE UNDER
INVESTIGATION
On receipt of notice that any member of the bar of this court has resigned from
the bar of any other federal or state court while an investigation into allegations of
misconduct is pending in that court, the Panel may disbar or suspend the attorney from
practicing as a member of the bar of this court.
VI. INCAPACITY
D.C.COLO.LAttyR 10
INCAPACITY DUE TO DISABILITY OR SUBSTANCE ABUSE
(a) Allegation or Evidence of Incapacity Due to Disability or Substance Abuse.
(1) Committee Investigation. When the Committee receives an allegation or
evidence that a member of the bar of this court may be unable to fulfill his
or her professional responsibilities because of mental or physical disability
or substance abuse, the Committee may take or direct whatever action it
deems appropriate to investigate the matter. The investigation may
include examination by such experts the Committee shall designate. The
cost of such examination shall be borne by the court. If the attorney fails or
refuses to submit to the examination, the Panel may initiate contempt
proceedings and impose appropriate punishment. The attorney may
obtain an independent opinion from an expert or experts of his or her
choice at his or her sole expense and may submit the results of such
additional examination(s), and any written submissions to the Committee.
If the Committee determines that the attorney is unable to fulfill his or her
professional responsibilities because of mental or physical disability or
substance abuse, the Committee shall petition the Panel for an order of
suspension.
(2) Voluntary Election. At any time before the Committee petitions the Panel
for an order of suspension, the attorney may elect to transfer voluntarily to
disability inactive status. The Committee shall advise the attorney of this
option prior to ordering any examination of the attorney. The Committee
may continue any pending disciplinary investigation.
(3) Panel Determination. If the Committee petitions the Panel for an order of
suspension, the Panel may take or direct whatever action it deems
appropriate to determine the matter. The Panel shall provide the attorney
with notice of the proceedings. If the attorney is without representation, the
Panel may appoint counsel to represent the attorney. The Panel may
order additional examinations, the cost of which shall be borne by the
court. Failure or refusal to submit to examination shall be prima facie
evidence of disability. The attorney may make a written submission to the
Panel. Before reaching a determination, the Panel may offer the attorney
an opportunity to transfer voluntarily to disability inactive status. If the
Panel concludes that the attorney is unable to fulfill his or her professional
responsibilities because of mental or physical disability or substance
abuse, the Panel may order the attorney suspended. Alternatively, the
Panel may impose conditions that the attorney must satisfy to continue
practicing in this court and may issue a private letter to the attorney stating
its bases for concern.
(b) Placement by Another Court on Disability Inactive Status. If a member of the
bar of this court is placed on disability inactive status or suspended due to
disability by any state or federal court, that attorney shall be placed on disability
inactive status and shall not practice in this court until the attorney submits an
application for reinstatement under D.C.COLO.LAttyR 11 and the application is
approved by the Panel.
(c) Declaration of Incompetence or Involuntary Commitment. When the Panel
receives proof that a member of the bar of this court has been judicially declared
incompetent or involuntarily committed to a treatment facility, the Panel may
immediately order that the attorney be suspended from practicing in this court. A
copy of the order shall be served on the attorney, his or her guardian, and the
director of the treatment facility.
(d) Claim of Disability During Disciplinary Proceeding. If during a disciplinary
proceeding the attorney asserts that his or her defense is impaired due to mental
or physical illness or substance abuse, the Panel shall refer the attorney to the
Committee and order the attorney suspended from practicing in this court until
the Committee determines the capacity of the attorney to practice law under
Subdivision (a)(1).
(e) Effect of Disability Inactive Status or Suspension. An attorney who has been
suspended by this court due to disability or who is on disability inactive status in
this court shall not practice in this court until the attorney submits an application
for reinstatement under D.C.COLO.LAttyR 11 and the application has been
approved.
VII. REINSTATEMENT AND READMISSION
D.C.COLO.LAttyR 11
REINSTATEMENT AND READMISSION
(a) Reinstatement After Suspension; Readmission after Disbarment.
(1) General Procedure. An applicant for reinstatement or readmission shall
complete an approved form provided by the clerk and pay any fees
established by the court. An application for reinstatement or readmission
shall be investigated by one or more members of the Committee
appointed by the chairperson. Following investigation, the Committee shall
prepare a recommendation. If the Committee recommends denial of the
application, the Committee shall first notify the applicant of the
recommendation and the corresponding reasons, and provide the
applicant with an opportunity to provide a written response. The
recommendation, the response, and all supporting documents shall be
submitted to the Panel for decision.
(2) When Application May be Made. An attorney who has been suspended
may apply for reinstatement or readmission only after the term of
suspension has expired. An attorney who has been disbarred may not
reapply until at least five years after disbarment.
(3) Standards. An attorney who has been suspended or disbarred and who
seeks reinstatement or readmission must show by clear and convincing
evidence that the attorney has been rehabilitated, has satisfied any
condition required by the court, and is fit to practice law. Notwithstanding,
the Panel retains discretion to deny for good cause reinstatement to an
attorney who has been disbarred by this court.
(4) Reinstatement Not Automatic. Reinstatement or readmission is neither
automatic nor a matter of right, except that reinstatement following
administrative suspension for failure to pay an annual fee or to comply
with mandatory continuing legal education requirements shall be
automatic on receipt by this court of written proof of reinstatement by the
original suspending jurisdiction.
(5) Effect of Reinstatement or Admission in the Original Disciplining
Court. An attorney who has been reinstated or readmitted by the original
disciplining court, but who remains suspended or disbarred in a different
court for the same conduct as that at issue in the original disciplining
court, may apply for reinstatement or readmission. The attorney may be
required to demonstrate professional competence.
(6) Conditions. Reinstatement or readmission may be subject to conditions
as the Panel may require, including but not limited to monitoring, reporting,
testing, and education.
(b) Reinstatement from Disability Inactive Status or After Suspension Because
of Disability or Incapacity.
(1) Applications. An attorney who is on disability inactive status or who has
been suspended for mental or physical disability or substance abuse may
apply for reinstatement not more than once a year, or more frequently if
the Panel so directs. An attorney who was suspended because of a
judicial declaration of incompetence or involuntary commitment to a
treatment facility must provide proof that the attorney has been declared
competent by a court of competent jurisdiction.
(2) Disclosures, Consent, and Waiver. An attorney applying for
reinstatement under this rule shall disclose the name and address of every
psychiatrist, psychologist, physician, hospital, or other health-care provider
that has examined or treated him or her in the three-year period before his
or her suspension, unless the Committee establishes a different period.
The attorney shall furnish the Panel or the Committee a written consent
and release to obtain from these sources information and records
requested by the Panel or the Committee or any expert designated by the
Committee. Filing an application for reinstatement constitutes waiver of
any physician-patient privilege or psychotherapist-patient privilege with
respect to any related examination, diagnosis, or treatment of the attorney.
(3) General Procedure. The Committee may take or direct such action as it
deems appropriate to investigate whether the application should be
granted, including collection of evidence and examination by such medical
experts as the Panel or Committee may designate. The Committee may
direct that the expense of examination be paid by the attorney. The
attorney may make a written submission to the Committee. The
Committee shall submit its recommendation to the Panel, which shall
determine whether to approve the application.
(4) Standard. The application shall be granted only if the attorney shows by
clear and convincing evidence that the attorney is no longer disabled and
is fit to practice law.
(5) Conditions. Reinstatement under this rule may be subject to such
conditions as the Panel may require.
VIII. CONFIDENTIALITY AND IMMUNITY
D.C.COLO.LAttyR 12
CONFIDENTIAL AND PUBLIC MATTERS
(a) Confidential Matters. Except as provided in this rule, all documents,
deliberations, and proceedings of the Committee and the Panel shall be
confidential and not available or open to the public.
(b) Public Matters. The public shall have access on the Court’s website HERE to the
following:
(1) orders for admission, reinstatement, readmission, relief from the rule of
good standing, disability inactive status, censure, suspension,
disbarment, and dismissal after a response has been filed; and
(2) charges submitted to the Panel, the answer of the respondent to the
charges, and the hearings of the Panel on the charges.
(c) Disclosures. The Panel and the Committee have discretion to disclose
information in the following circumstances:
(1) where disclosure is necessary to discharge the duties of the Panel or the
Committee, or to otherwise protect the public, the administration of justice,
or the legal profession;
(2) where the respondent has waived confidentiality;
(3) where disclosure is authorized under the Subpoena Regulations of the
Administrative Office of the United States Courts; or
(4) where disclosure is to a judicial officer of this court.
(d) Annual Report. The Committee shall submit to the court by January 10 of each
year a report detailing the number of complaints and charges filed in the previous
year, the violations charged and disposition of each complaint or charge
considered, and an accounting of the receipt of funds by and expenses of the
Committee along with any additional comments, requests, or suggestions the
Committee deems appropriate.
D.C.COLO.LAttyR 13
IMMUNITY
(a) Persons Responding to Inquiries or Giving Testimony. A person responding
to inquiries from or giving testimony to the Committee, the Panel, or agents
acting at their direction, shall be absolutely immune from any civil action relating
to such participation.
(b) Persons Performing Official Duties. A person performing official duties under
the provisions of these disciplinary rules, including but not limited to members of
the Committee, the Panel and assigned court staff, monitors or other members of
the bar working in connection with the Committee or the Panel, and health care
professionals working in connection with disciplinary proceedings, shall be
immune from suit for all conduct in the course of the discharge of their official
duties. Any person who is immune from suit as provided above, but who is sued
nevertheless, may be reimbursed reasonable attorney fees and costs in the
discretion of the Panel to be paid from the application fees required under
D.C.COLO.LAttyR 3(a).
IX. STUDENT PRACTICE
D.C.COLO.LAttyR 14
STUDENT PRACTICE
(a) General Provisions.
(1) With the approval of the presiding judicial officer, an eligible law student
may appear, under the supervision of an attorney who is a member of the
bar of this court in a civil action or non-felony criminal case on behalf of a
party who has consented in writing.
(2) Unless otherwise limited, once admitted under Subdivision (d), the student
may appear in that civil action or criminal case and other related
proceedings when accompanied by the supervising attorney and may
prepare and sign pleadings and documents which also must be signed by
the supervising attorney.
(3) Under D.C.COLO.LAttyR 14(b)(1), (2), (3), (4) and (6) and (c)(1), (2) and
(4) , a law student may provide legal services through the Federal Pro Se
Clinic under the guidance of a supervising attorney.
(b) Eligibility. To be eligible, the student shall:
(1) be enrolled in a law school approved by the American Bar Association or,
if graduated, be preparing to take a written bar examination or awaiting
admission to the bar following that examination;
(2) be enrolled in or have successfully completed a law school clinical
program or an externship or internship;
(3) have completed two full semesters of law school, including a course in
evidence;
(4) be certified by the dean of the law school (or the designee of the dean) as
qualified to provide the legal representation authorized by this rule. The
certification may be withdrawn by the certifier at any time by mailing notice
to the court;
(5) be introduced to the court by the supervising attorney;
(6) not receive compensation of any kind from the client. This shall not affect
the ability or right of an attorney or law school clinical program to seek
attorney fees which may include compensation for student services; and
(7) certify in writing that the student is familiar with the Federal Rules of
Criminal or Civil Procedure (depending on the nature of the action or
case), Federal Rules of Evidence, and local rules of practice of this court
and website HERE, including the judicial officers’ procedures.
(c) Supervising Attorney. The attorney supervising a student shall:
(1) be a member in good standing of the bar of this court;
(2) maintain appropriate professional liability insurance for the supervising
attorney and eligible students;
(3) introduce the student to the court;
(4) assume professional responsibility for the work of the student;
(5) be present whenever the student appears;
(6) sign all pleadings; and
(7) sign and file a written agreement to supervise a student in accordance
with this rule.
(d) Admission Procedure.
(1) The student, dean (or designee), supervising attorney, and the client shall
complete the Law Student Appearance form HERE, which shall be filed
with the clerk.
(2) The appearance of the student is not authorized until approved by the
presiding judicial officer, whose approval may be withdrawn for any reason
without notice or hearing.
X. ATTORNEY PRO BONO REPRESENTATION
D.C.COLO.LAttyR 15
CIVIL PRO BONO REPRESENTATION
(a) Court Appointed Pro Bono Representation in Civil Actions. The Civil Pro
Bono Program provides for the selection and appointment of eligible, volunteer
attorneys to represent without compensation eligible, unrepresented parties in
civil actions to provide general or limited representation when requested by the
court. The program is implemented through the Standing Committee on Pro Se
Litigation (Standing Committee), the Civil Pro Bono Panel (Panel) and the
Faculty of Federal Advocates (FFA).
(b) Standing Committee: Composition, Mission, and Authority.
(1) The Chief Judge shall appoint the members of the Standing Committee.
The committee shall include one district judge, one magistrate judge, one
representative of the office of the clerk, and one representative each from
the following organizations: the FFA, the Colorado Bar Association, a
private law firm, Colorado Legal Services, the clinical program of the
University of Denver Sturm College of Law, the clinical program of the
University of Colorado Law School, and the pro se division of the court.
(2) The purpose and mission of the Standing Committee is to oversee the
Panel, report annually to the court on the status of the program, and
promote access to the court by unrepresented parties.
(3) Decisions of the Standing Committee shall be made by majority vote of
those present at a meeting of the committee. A majority of the district
judges may vacate a decision of the Standing Committee.
(c) Panel Membership and Removal.
(1) A member of the Panel shall be an attorney who is either a member in
good standing of the bar of this court or otherwise duly certified by the
Colorado Supreme Court to provide pro bono legal services under
C.R.C.P. 204.6 (Pro Bono Counsel Certification).
(2) A member of the Panel shall be available and willing to accept an
appointment when reasonable and appropriate.
(3) A member of the Panel may be removed from the Panel by the Standing
Committee for the following reasons:
(A) an excessive number of declinations of appointment or requests by
an attorney for relief from appointment after entering an
appearance; or
(B) failure to comply with the local rules of the court during the pro
bono representation of an unrepresented party.
(4) A member may withdraw from the Panel at any time by letter to the clerk.
(d) Attorney Eligibility.
(1) An attorney, law firm, non-profit legal organization, or clinical legal
education program at a law school accredited by the American Bar
Association (Clinic) may apply for membership on the Panel. The
application form is available on the court website HERE. Information on an
application may be amended at any time by letter to the clerk.
(2) An application shall include the following:
(A) for a law firm, non-profit legal organization, or Clinic, the name of
an individual within the organization to act as Panel Liaison and to
receive notices and information from the clerk;
(B) a statement that the applicant, i.e., attorney, Panel Liaison, or Clinic
supervisor, is a member in good standing of the bar of this court;
(C) a summary of the civil trial experience or trial advocacy training of
the applicant;
(D) the number of appointments per calendar year the applicant will
accept; and
(E) the specific types of civil actions or causes of action the applicant
will accept.
(e) Pro Se Party Eligibility.
(1) The following unrepresented parties are eligible for appointment of pro
bono counsel:
(A) an unrepresented non-prisoner who has been granted leave to
proceed in forma pauperis (IFP) under 28 U.S.C. ' 1915;
(B) an unrepresented prisoner; and
(C) after demonstrating limited financial means, an unrepresented non-
prisoner who has paid any filing fee in full.
(2) A defendant or party responding to a complaint, petition, or appeal who
satisfies the criteria above shall be eligible for appointment of pro bono
counsel.
(3) Unless otherwise ordered, a pro se party is not eligible for
appointment of pro bono counsel after termination of a previously
appointed pro bono counsel in the same case.
(f) Appointment Procedure.
(1) Prerogatives of judicial officers.
(A) A judicial officer to whom the civil action is assigned may on motion
by an eligible, unrepresented party or on his or her own initiative
enter an Appointment Order authorizing appointment of a member
of the Panel to provide general or limited representation, directing
the clerk to select an attorney with a relevant subject matter
preference or expertise.
(B) In deciding whether to appoint counsel, the judicial officer should
consider all relevant circumstances, including, but not limited to, the
following:
(i) the nature and complexity of the action;
(ii) the potential merit of the claims or defenses of the
unrepresented party;
(iii) the demonstrated inability of the unrepresented party to
retain an attorney by other means; and
(iv) the degree to which the interests of justice, including the
benefits to the court, will be served by appointment of
counsel.
(2) Duties of the clerk.
(A) No later than 14 days after the filing of an Appointment Order, the
clerk shall select a member of the Panel to represent the
unrepresented party using an automated, random selection
process.
(B) In making the selection, the clerk shall consider the following:
(i) the existence of counsel who is willing to accept appointment
who is already representing the unrepresented party in
another action in this court;
(ii) the relevant preference and expertise of the members of the
Panel; and
(iii) the equitable distribution of appointments among the
members of the Panel, with preference given to counsel
already representing the unrepresented party in another
action in this court.
(C) On selection of a member of the Panel, the clerk shall contact the
member and provide relevant, case-specific documents, e.g.,
complaint, answer, pending motions, etc. For a law firm, clinic, or
non-profit legal organization, the Panel Liaison shall select and
maintain assignment of eligible counsel. No later than five days
after contact, the member shall notify the clerk whether the member
is available for appointment.
(D) On receipt of notice of availability for and acceptance of
appointment from the member of the Panel, the clerk shall file a
Notice of Appointment and shall serve the unrepresented party with
the Appointment Order, the Notice of Appointment, and this rule.
(E) If after four attempts, the clerk is unable to select a member of the
Panel who is available and willing to accept appointment, the clerk
shall notify the judicial officer who entered the Appointment Order
of the unavailability of counsel.
(g) Duties of Court-Appointed Counsel.
(1) On receipt of the Notice of Appointment, the attorney shall communicate
promptly with the unrepresented party to determine whether any actual or
potential conflict of interest exists and whether the action can be resolved
more appropriately in another forum or by other means.
(2) Unless ordered otherwise, no later than 30 days after receipt of the Notice
of Appointment, the attorney shall file:
(A) an Entry of Appearance under D.C.COLO.LAttyR 5(a); or
(B) a Notice Declining Appointment stating good cause for declining the
appointment.
(3) The appointment of pro bono counsel in the designated civil action does
not extend to an appeal after final judgment or in any other civil action.
(4) An attorney appointed under this rule shall represent the unrepresented
party from the date of the Entry of Appearance until
(A) the court permits the attorney to withdraw;
(B) the case is dismissed;
(C) the case is transferred to another district or remanded to state
court; or
(D) final judgment is entered.
(h) Fee Agreements.
(1) As a general rule, the attorney shall represent the unrepresented party
without remuneration.
(2) However, if the unrepresented party is entitled to recover attorney fees or
a monetary award or settlement, the attorney and the unrepresented party
may enter into a fee agreement permitting the attorney to receive attorney
fees that are earned.
(3) Alternatively, the attorney and the unrepresented party may enter into a
contingent fee agreement that complies with the Colorado Rules
Governing Contingent Fees.
(4) Any fee agreement shall be entered into before an Entry of Appearance is
filed.
(5) When a statute authorizes an award of attorney fees to the prevailing
party, the attorney shall advise the unrepresented party of the potential
award.
(i) Reimbursement of Litigation Expenses from the Reimbursement Fund.
(1) A member of the Panel providing representation to an unrepresented party
may apply to the FFA for reimbursement of litigation expenses.
(2) The FFA shall have exclusive, final, non-appealable authority over the
funds available to it for reimbursement of litigation expenses and the
reimbursement of litigation expenses incurred by a member of the Panel in
the representation of an unrepresented party.
(3) The court periodically shall determine the contribution, if any, to the
reimbursement fund.
(j) Withdrawal from Representation. An attorney may seek to withdraw from the
representation of an unrepresented party by motion to withdraw under
D.C.COLO.LAttyR 5(b).
(k) Other Pro Bono Representation. This rule does not preclude an attorney, law
firm, or legal organization from providing pro bono representation to an
unrepresented party in the absence of court appointment, nor does this rule
prevent a judicial officer from requesting an attorney, law firm, or legal
organization that is not a member of the Panel to represent an unrepresented
party.
