August 23, 2019

Professional Conduct Rules Revised Regarding Impartiality and Ex Parte Communications

On Wednesday, July 11, 2012, the Colorado Supreme Court released amendments to two Colorado Rules of Professional Conduct. Amendments were made to the following rules:

  • CRPC 1.12 – “Former Judge, Arbitrator, Mediator or Other Third-Party Neutral”
    • References within Comment [1] were revised as well as language relating to the Colorado Code of Judicial Conduct requiring judges to disqualify themselves in certain proceedings with lawyer conflicts.
  • CRCP 3.5 – “Impartiality and Decorum of the Tribunal”
    • Subsection (b) was revised to read that an attorney shall not “communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order, or unless a judge initiates such a communication and the lawyer reasonably believes that the subject matter of the communication is within the scope of the judge’s authority under a rule of judicial conduct.
    • Comment [2] was also amended to clarify this revision about ex parte communications.

These amendments were adopted on July 11 and are effective immediately.

Click here to review the red line changes to these civil procedure rules, outlined as Rule Change 2012(12).

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