Publicly Available Documents in Cases of Public Interest

In general, under C.R.C.P. 242.41, all records concerning disciplinary cases are available to the public after a formal disciplinary complaint is filed. The following records, however, are sealed or suppressed: 

• Matters subject to a protective order
• Work product of the PDJ or hearing boards
• Opinions imposing a private admonition
• Diversion agreements and orders approving them 
• Interim suspension matters dismissed by the PDJ 
• Stipulations rejected by the PDJ before the filing of a formal complaint.

In general, under C.R.C.P. 232.28(a), files and records maintained by the PDJ relating to a  UPL case are available to the public after a petition for injunction is filed with the Colorado Supreme Court, or if a stipulation to injunction is filed or an interim injunction is imposed before a petition is filed. The following UPL records maintained by the PDJ, however, are not publicly available:

• Files and records subject to a protective order
• Work product of the PDJ
• Information otherwise made confidential under C.R.C.P. 232.28.

Records in lawyer disability cases are suppressed, except for orders placing a lawyer on disability inactive status or reinstating a lawyer from disability inactive status. See C.R.C.P. 243.6(e), 243.7(h); see also C.R.C.P. 243.10(g).

Records concerning bar admissions hearings before a hearing board are suppressed unless the applicant requests that the hearing be public under C.R.C.P. 209.4(2). The PDJ maintains records for bar admissions hearings after a hearing board issues a report in the case.

Colorado's Public Access to Information and Records Rule 2 ("P.A.I.R.R. 2") governs access to administrative records of the judicial branch, including administrative records of the PDJ's office. For information about requesting administrative records from the PDJ's office under P.A.I.R.R. 2, please see the PDJ's Policy for Public Access to Administrative Records.