The PDJ's Role

Overview

The PDJ is appointed by the Colorado Supreme Court to preside over attorney discipline, attorney disability, unauthorized practice of law, and certain bar admissions cases.  The PDJ’s office was created in 1999, when the Colorado Supreme Court instituted a new attorney regulation system in Colorado. In the new system, the hearing panel system was replaced with a judicial process overseen by the PDJ. The PDJ is one part of the lawyer regulation system, which encompasses a broad range of committees, appointees, and offices under the Colorado Supreme Court’s supervision and plenary authority.   Cases heard by the PDJ are prosecuted by the Office of Attorney Regulation Counsel (“OARC”). Respondents may be represented by counsel, or they may represent themselves pro se. Cases in the courtroom are governed by Chapters 18, 19, and 20 of the Colorado Rules of Civil Procedure and by the general rules of civil procedure.

Attorney Discipline

Attorney discipline cases & procedures

The PDJ hears disciplinary cases initiated when the Office of Attorney Regulation Counsel (“OARC”) files a formal complaint against a lawyer for alleged violations of the Colorado Rules of Professional Conduct. In addition, the PDJ considers petitions filed by suspended or disbarred lawyers seeking reinstatement or readmission of law licenses. C.R.C.P. 251 and the civil rules of procedure govern these cases.  

   

Within 21 days after service of a complaint by OARC, the respondent lawyer must file an answer admitting or denying each material allegation in the complaint. If not, a default on the merits of the case may enter, and the matter will be set for a hearing before the PDJ to determine the appropriate sanction.

    

After receiving an answer, the PDJ’s administrator normally contacts both parties by phone to select a hearing date. The PDJ then issues a scheduling order setting forth the hearing date as well as deadlines and standards for discovery, motions, disclosures, and submission of prehearing materials or a settlement agreement. The scheduling order governs the obligations of both parties in the case—please review this order if you have any questions about courtroom procedures in your case. Also at this stage of the case, the PDJ’s administrator selects at random from the hearing board pool the two hearing board members who will decide the case in conjunction with the PDJ. The PDJ and the hearing board together make findings of fact, and the PDJ makes all legal rulings. The Colorado Supreme Court has appointed a diverse and respected group of lawyers and nonlawyers to the hearing board pool. The pool has over 100 members who hail from across the state. Current hearing board members are listed here: 

  

A respondent lawyer facing disciplinary charges has the right to fair notice of the charges and a right to be heard. OARC must prove charges by clear and convincing evidence. Respondent lawyers are not entitled to the full panoply of constitutional rights afforded a criminal defendant, however, so there is no right to an attorney at court expense. Even though the PDJ cannot appoint counsel, members of the Colorado Bar Association’s Ethics Committee in some instances may agree to represent lawyers facing disciplinary proceedings at no fee or a reduced fee. The PDJ’s office can provide a list of these attorneys to respondent lawyers upon request.    


Often, parties benefit from engaging in alternative dispute resolution. This process uses lawyers who have experience in the law of professional ethics to act as mediators. A mediator’s recommendations are not binding on the parties, and the discussions are confidential. If the parties reach a settlement, they tender it to the PDJ, who may either accept or reject it.   

 

Disciplinary hearings before a hearing board normally are open to the public. Because OARC has the burden of proof, it presents its case first in a hearing on a complaint. Each side may make an opening statement, introduce evidence, examine and cross-examine witnesses, and present a final argument. After the evidence and arguments are heard, the hearing board determines whether OARC proved any of its claims, and if so, the board decides the appropriate sanction to be imposed. That decision is guided by the framework established by the American Bar Association Standards for Imposing Lawyer Sanctions (1991 & Supp. 1992). The available sanctions include private admonition, public censure, probation, suspension, or disbarment. The final written opinion is normally released within 56 days of the hearing.     


After the hearing board issues its opinion, either party may request posthearing relief. The parties have a right to appeal the opinion if the sanction imposed was a public censure, a served suspension, or a disbarment. A respondent lawyer may request a stay of imposition of the sanction pending appeal. Ordinarily a hearing board will grant a stay, except when no conditions of probation and supervision while the appeal is pending will protect the public, or when the lawyer has been immediately suspended. The Colorado Supreme Court will affirm the hearing board’s opinion unless it concludes that the findings of fact are clearly erroneous, the sanction imposed bears no relation to the misconduct, the sanction is manifestly excessive or insufficient, or the sanction is otherwise unreasonable.     


A lawyer suspended from the practice of law for one year or less may be reinstated through a simplified affidavit process. A lawyer suspended for longer than one year must file a detailed petition for reinstatement. In a hearing before a hearing board, the lawyer then must show by clear and convincing evidence that he or she has been rehabilitated, has complied with disciplinary orders and rules, and is fit to practice law. A disbarred lawyer must follow the same procedure to seek readmission, as well as pass the written bar examination. Hearing board opinions on disciplinary cases, including reinstatement and readmission petitions, constitute orders of the Colorado Supreme Court unless the opinions are stayed, vacated, reversed, or otherwise modified. A hearing board’s conclusions of law, however, are not binding in other disciplinary cases. Opinions are published in Westlaw, Lexis, and the Colorado Lawyer, and disciplinary hearings are open to the public. 

   

In addition to the disciplinary procedures outlined above, the PDJ may recommend in limited circumstances that the Colorado Supreme Court immediately suspend a lawyer’s license before a full hearing takes place, including where a lawyer has been convicted of a serious crime, has converted property or funds, or has abandoned clients.

Disability, UPL, & Bar Admission

Disability cases & procedures

  • Disability procedures are governed by C.R.C.P. 251.23, as well as the rules of civil procedure. These cases begin when an interested party files a petition with the PDJ alleging that an attorney is disabled under the rules. “Disability” is defined as a physical, mental, or emotional infirmity or ailment, including addiction. The PDJ typically orders an independent medical examination (IME) before transferring a lawyer to disability inactive status.    
  • A lawyer may be placed on disability inactive status if either the lawyer is incapable of representing clients or the lawyer is incapable of representing himself or herself or assisting counsel in a disciplinary proceeding.    
  • If a lawyer cannot assist in the defense of a pending disciplinary case, that case will be placed in abeyance. A finding of disability is not a form of discipline, and disability proceedings—aside from an order transferring a lawyer onto or off inactive status—are confidential. There is no hearing board in disability cases. When an attorney wishes to be removed from disability inactive status, he or she bears the burden of showing by clear and convincing evidence that the disability has been removed and that the attorney is competent to resume the practice of law.
  • Reinstatement from a disability is governed by C.R.C.P. 251.30.    
  • The Colorado Lawyer Assistance Program (COLAP) (303.986.3345) is a confidential, free, non-disciplinary program for lawyers and law students. COLAP’s goal is to provide help for problems such as stress, addiction, and mental health issues before these problems sabotage a lawyer’s career or quality of life. COLAP can help lawyers to enter treatment programs or to obtain mentors, among other forms of assistance.nd describe the services you offer. Also, be sure to showcase a premium service.

Unauthorized practice of law cases & procedures

  • Unauthorized practice of law  (“UPL”) cases, including contempt matters, are governed by C.R.C.P. 228-240, as well as the civil rules of procedure. These cases begin when OARC files a petition with the Colorado Supreme Court. The Colorado Supreme Court usually issues an order to show cause to the respondent, and often appoints the PDJ as a hearing master. Once the PDJ receives the case, the PDJ directs the respondent to file an answer. 
  • If no answer is filed, a default may enter. If the respondent does answer, the PDJ sets a hearing date and issues a scheduling order setting forth the hearing date, as well as deadlines and standards for discovery, motions, disclosures, and submission of prehearing materials or a settlement agreement. The scheduling order governs the obligations of both parties in the case—please review this order if you have any questions about courtroom procedures in your case.  
  • The PDJ presides over UPL hearings without a hearing board. At these hearings, OARC has the burden of proof, so it presents its case first. Each side may make an opening statement, introduce evidence, examine and cross-examine witnesses, and present a final argument. C.R.C.P. 107 provides for special procedures in contempt matters.   
  • After a hearing, the PDJ issues a report to the Colorado Supreme Court. In the report, the PDJ makes recommendations about whether to issue an injunction or find a respondent in contempt, as well as recommendations about fines, costs, and restitution. Upon receiving the PDJ’s report, the Colorado Supreme Court may enjoin the respondent and issue a fine of $250 to $1,000 for each incident. Contempt cases involve allegations of the practice of law by a suspended or disbarred lawyer or by a nonlawyer who already has been enjoined from practicing law. Such respondents are subject to fines of up to $2,000 per incident or imprisonment.

Bar admission cases & procedures

  • In 2014, the PDJ began hearing character and fitness matters involving applicants to the bar. As set forth in C.R.C.P. 208 and 209, bar applicants must demonstrate that they have the character and fitness necessary to practice law in Colorado. If an inquiry panel determines that an applicant lacks the requisite character and fitness, the applicant may seek a formal hearing before the PDJ.   
  • The PDJ, sitting with two hearing board members (who are members of the Character and Fitness Committee), determines whether the applicant has demonstrated by clear and convincing evidence his or her character and fitness. 
  • The hearing board issues a report on the matter to the Colorado Supreme Court, which decides whether to admit the applicant to the bar.

Please note: The information provided above is an abbreviated summary provided for general reference purposes. This information is not legal advice. Please consult the applicable legal authorities or an attorney for more information on these subjects.