Rule 242.39 - Petition for Readmission or Reinstatement After Discipline(a) Overview. (1) Readmission After Disbarment. A lawyer who has been disbarred may be eligible for readmission under this section 242.39 no less than eight years after the disbarment takes effect. To petition for readmission, the lawyer must have satisfied the supreme court's bar examination and MPRE requirements within the preceding eighteen months.(2) Reinstatement After Suspension. Except as otherwise provided in C.R.C.P. 242.38, a lawyer must seek reinstatement under this section 242.39 if the lawyer was suspended in a disciplinary proceeding for more than one year or if the Hearing Board or Presiding Disciplinary Judge otherwise required that the lawyer seek reinstatement by petition under this section.(b) Petition for Readmission or Reinstatement.(1) Timing. A lawyer may not file a petition under this section 242.39 earlier than 91 days (13 weeks) before, as applicable, (A) the period of suspension is set to terminate or (B) eight years from the effective date of the lawyer's disbarment. A lawyer may not be reinstated or readmitted until the full disciplinary period has been served.(2) Filing. A lawyer must file a verified petition with the Presiding Disciplinary Judge and provide a copy to the Regulation Counsel. The lawyer will be designated as the petitioner and the Regulation Counsel as the respondent. The Presiding Disciplinary Judge will assign the proceeding a new case number.(3) Contents. A petition must set forth: (A) The date the order of discipline was entered and the effective date of the discipline;(B) The date on which the petitioner filed any prior petitions for readmission or reinstatement and the disposition of the prior petitions;(C) If applicable, a statement showing the amount and source of funds the petitioner used to pay restitution to any persons or to the Colorado Attorneys' Fund for Client Protection, and a statement showing the amount and source of funds the petitioner used to pay attorney's fees or costs related to protective appointment of counsel proceedings; and(D) The evidence the petitioner intends to rely on to show that the petitioner meets the requirements set forth in subsection (d)(2) below.(4) Lawyer Suspended for Five Years or Longer. Regardless of the length of the disciplinary suspension originally imposed, a lawyer who has remained suspended for five years or longer may not file a petition under this section 242.39 unless the lawyer has satisfied the supreme court's bar examination and MPRE requirements within the preceding eighteen months. But if a lawyer files a petition for reinstatement within five years of the effective date of the lawyer's suspension, the five-year period addressed in this subsection stops running until a final decision is issued on the petition and any appeal has been decided.(5) Reinstatement or Readmission from Reciprocal Discipline. A lawyer subject to reciprocal discipline who wishes to seek reinstatement or readmission in Colorado must comply with the requirements of C.R.C.P. 242.21(c).(c) Answer. After receiving a petition for reinstatement or readmission, the Regulation Counsel will conduct an investigation. The petitioner must cooperate in the investigation. The Regulation Counsel must file an answer to the petition within 21 days after receiving the petition. The answer must state any grounds for opposing the petition.(d) Reinstatement and Readmission Proceedings.(1) Procedures. Reinstatement and readmission proceedings are conducted in accordance with the procedures set forth in C.R.C.P. 242.29, and petitions are considered by a Hearing Board in accordance with the procedures set forth in C.R.C.P. 242.30.(2) Requirements. The petitioner must prove by clear and convincing evidence that the petitioner: (A) Has been rehabilitated, as measured by considerations including the circumstances and seriousness of the original misconduct, conduct since being disbarred or suspended, remorse and acceptance of responsibility, how much time has elapsed, restitution for any financial injury, and evidence that the petitioner has changed in ways that reduce the likelihood of future misconduct;(B) Has complied with all applicable disciplinary orders and with all provisions of Chapter 20, including the Colorado Rules of Professional Conduct; and(C) Is fit to practice law, as measured by the petitioner's satisfaction of the following eligibility requirements for the practice of law, as applicable:(i) Honesty and candor with clients, lawyers, courts, regulatory authorities, and others;(ii) The ability to reason logically, recall complex factual information, and accurately analyze legal problems;(iii) The ability to use a high degree of organization and clarity in communicating with clients, lawyers, judicial officers, and others;(iv) The ability to use good judgment on behalf of clients and in conducting professional business;(v) The ability to act with respect for and in accordance with the law;(vi) The ability to exhibit regard for the rights and welfare of others;(vii) The ability to comply with the Colorado Rules of Professional Conduct; state, local, and federal laws; regulations, statutes, and rules; and orders of tribunals;(viii) The ability to act diligently and reliably in fulfilling obligations to clients, lawyers, courts, and others;(ix) The ability to be honest and use good judgment in personal financial dealings and on behalf of clients and others; and(x) The ability to comply with deadlines and time constraints.(e) Hearing Board Opinion. (1) Opinion. After a hearing, the Hearing Board will determine whether to grant or deny the petition for reinstatement or readmission. The Hearing Board will issue an opinion setting forth its findings of fact and decision.(2) Participation of Hearing Board Members. Two members of the Hearing Board are required to issue an opinion. The opinion must be signed. Members of the Hearing Board may append to the opinion a dissent or concurrence.(3) Timing. The Hearing Board generally will issue its opinion within 56 days (8 weeks) after the hearing.(4) Effective Date. Reinstatement or readmission takes effect immediately on issuance of the opinion, unless otherwise ordered.(5) Post-hearing Relief. Within 14 days of issuance of the Hearing Board's opinion, a party may move the Hearing Board for post-hearing relief under C.R.C.P. 59.(6) Finality. For purposes of this section 242.39, a Hearing Board's opinion is a final decision, and the time for filing a notice of appeal begins as set forth in C.R.C.P. 242.34. Unless the supreme court stays, vacates, reverses, or modifies the Hearing Board's opinion, the opinion is considered an order of the supreme court.(f) Successive Petitions. No petition for reinstatement or readmission under this section 242.39 may be filed within two years after issuance of a final decision denying a previous petition for reinstatement or readmission. But this subsection does not bar a petitioner from filing a new petition if the petitioner withdrew a previous petition before the hearing on that petition began.(g) Costs and Deposit. (1) Costs. The petitioner bears all reasonable costs of the proceeding and must also pay the administrative fee.(2) Deposit. When filing a petition for readmission or reinstatement, the petitioner must tender to the Regulation Counsel a deposit of $500 to be used to pay the administrative fee and costs. If the administrative fee and costs exceed $500, the Presiding Disciplinary Judge may order the petitioner to provide an additional deposit. After a proceeding, the Presiding Disciplinary Judge will order the Regulation Counsel to render an accounting and to return to the petitioner any unexpended portion of the deposit.(h) Reinstatement on Stipulation. If the petitioner and the Regulation Counsel agree to reinstatement, the parties may file a stipulation with the Presiding Disciplinary Judge. The stipulation must contain an agreement that the respondent will pay the administrative fee and any agreed-upon costs of the proceeding. The Presiding Disciplinary Judge may either approve the stipulation or reject it and order that a hearing be held before a Hearing Board under subsection (d) above. Parties are not permitted to stipulate to readmission. A readmission hearing must be held before a Hearing Board under subsection (d) above.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.COMMENT
Under C.R.C.P. 242.39(a)(2), the requirement to petition for reinstatement applies: (1) when a lawyer has remained suspended for more than one year due to the lawyer's failure to timely seek reinstatement by affidavit under C.R.C.P. 242.38, even if the lawyer's ordered period of suspension was for less than one year and one day; (2) when, in connection with a single disciplinary proceeding, a lawyer serves a suspension that cumulatively totals more than one year due to revocation of the lawyer's probation, even if the lawyer does not serve the period of suspension continuously; and (3) when, in connection with separate disciplinary proceedings, a lawyer serves consecutive suspensions that cumulatively total more than one year. Interim suspensions and nondisciplinary suspensions that are contiguously served with a disciplinary suspension are not used to calculate the duration of the served disciplinary suspension for purposes of determining whether a lawyer must petition for reinstatement under C.R.C.P. 242.39(a)(2).