Rule 242.31 - Findings of Fact and Decision(a) Opinion of the Hearing Board. (1) Opinion. After a hearing, the Hearing Board will first determine whether the Regulation Counsel has proved any claims of misconduct. If the Hearing Board finds that the respondent committed misconduct, the Hearing Board will determine the sanction to be imposed. The Hearing Board will issue an opinion setting forth its findings of fact, conclusions of law, and decision.(2) Disposition of Case. In its opinion, the Hearing Board may:(A) Dismiss the complaint if no claims of misconduct have been proved; or(B) Impose private admonition, public censure, suspension, or disbarment.(3) Other Orders. Where the Hearing Board finds that the respondent committed misconduct, the Hearing Board must order the respondent to pay the administrative fee. The Hearing Board may also enter other appropriate orders, including requiring the respondent to comply with conditions of probation, to make restitution, to pay attorney's fees or costs incurred in related protective appointment of counsel proceedings, or to pay all or any part of the reasonable costs of the disciplinary proceeding. If the Hearing Board suspends the respondent from the practice of law for one year or less, the Hearing Board may require that the respondent seek reinstatement, if at all, by petition under C.R.C.P. 242.39 rather than by affidavit under C.R.C.P. 242.38.(4) 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.(5) Timing. The Hearing Board generally will issue its opinion within 56 days (8 weeks) after the hearing.(6) Effective Date. Disciplinary sanctions take effect upon entry of an order and notice of discipline, which generally enters 35 days after issuance of the opinion, unless applicable rules provide otherwise.(7) Post-hearing Relief. Within 14 days after the opinion issues, a party may move the Hearing Board for post-hearing relief under C.R.C.P. 59. If the Hearing Board members consent, the Presiding Disciplinary Judge may sign the order ruling on post-hearing relief on the members' behalf.(8) Finality. For purposes of this section 242.31, 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 a Hearing Board's opinion, the opinion is considered an order of the supreme court.(b) Opinion of the Presiding Disciplinary Judge. The provisions governing a Hearing Board's opinion in subsection (a) above also govern an opinion or other final decision entered by the Presiding Disciplinary Judge without a Hearing Board.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.COMMENT
Disciplinary sanctions are based on consideration of the American Bar Association Standards for Imposing Lawyer Sanctions. Opinions issued under section 242.31 do not serve as binding precedent but may have persuasive value and provide guidance in future decisions.